The Muslim Rights Concern has condemned Ese's purported
abductor, Yunusa for taking the under-aged girl to Kano in August 2015 and
marrying her without her parents’ approval. In a declaration issued by its
Director, Prof. Ishaq Akintola yesterday March 1st, 2016, the group
said that the fact that Yunusa is a Muslim does not obscure their sense of
judgement. The group called for his prosecution.
The declaration also added that Ese's conversion
to Islam is null and void as she is still too young to choose what religion asides
that of her parents to follow. The declaration reads in part
“Our position is based on the fact that the girl is a minor. Attempting
to marry off the girl without her parents’ permission is not only a breach of
common law, but also a violation of the Sharia provision on the need for the
parents’ approval before nikah (Islamic marriage) can be deemed valid (La nikah
bila waliyyin). Of particular significance in this regard is the express
command in the Glorious Qur’an that women should be married with the permission
of their parents. The Qur’an says inter alia, ‘…And marry them (i.e. women)
with the permission of their parents (Qur’an 4:25).’ The boyfriend cannot go
scot-free if it is established that he had had the carnal knowledge of the
girl. In fact, his case is judiciable both before the Kano Sharia Court and the
Yenagoa Court. The fact that Yunusa is a Muslim cannot becloud our sense of
justice. The Qur’an commands Muslims to ‘…Stand out firmly for justice, as
witnesses of Allah, even if the case is against yourselves, or your parents, or
your family, and whether it is against a rich or poor man… (Qur’an 4:135).
Unless it can be proved that the girl came to Kano separately and alone, not in
the company of Yunusa, the latter stands culpable. Section 38 (ii) of the
Constitution of the Federal Republic of Nigeria, 1999, stresses the right of
parents on their children in matters of religion. The purported conversion is
therefore null and void and of no consequence whatsoever. Ese Oruru cannot be
free to choose her own faith until she is 18.”the statement added
No comments:
Post a Comment