ABILITY IN DISABILITY: EXPLORING THE DIGNITY AND HEALTH RIGHTS OF DISABLED CHILDREN IN SHARΑAH AND NIGERIAN LAWS
DOI:
https://doi.org/10.53704/dgq3y868Keywords:
Disability. Dignity, Health , Shariah, NigerianAbstract
An estimated 32 million people in Nigeria, including children, live with one form of disability or another. These individuals often face discrimination, rejection, and neglect, especially regarding access to basic social services such as healthcare. This demographic reveals the insufficient attention given to disabled children in Nigeria, particularly in terms of healthcare provisions, unavailability of medications, and specialised care. Despite existing legal instruments, including the Constitution, the Discrimination against Persons with Disabilities (Prohibition) Act and the Child's Rights Act, disabled children remain vulnerable. This paper investigates the Sharī’ah and Nigerian law’s position on the protection and care of disabled children facing health challenges and explores viable solutions. Employing a doctrinal method, the study analyses primary and secondary sources and finds that Nigeria law and the Sharī’ah not only advocates for the protection of disabled children’s health but also provides detailed provisions for their care, including physical and spiritual dimensions, which align with Islamic teachings and ethical standards.
References
See Section 17(3)(d) Constitution of the Federal Republic of Nigeria 1999 (as amended).
See Section 13(1) Child's Rights Act, Cap. C50 LFN 2004.
Discrimination Against Persons with Disabilities (Prohibition) Act, 2018.
Al-Bukhari, Sahih al-Bukhari, Kitab al-Tibb (Book of Medicine), Hadith No. 5678; Al-Ghazali, Ihya’ ‘Ulum al-Din, vol. 4 (Dar al-Fikr, 1997), 232.
Article 1, United Nations Convention on the Rights of Persons with Disabilities2006.
Section 2 of Discrimination Against Persons with Disabilities (Prohibition) Act, 2018.
Yusuf Al-Qaradawi, Fiqh al-Awlawiyyat (Al-Risalah, 2001), p. 113.
NurdengDeuraseh, (2009) “Preservation of Health in Islamic Law”, International Islamic University, Malaysia. (2009) P.101.
‘’ Allah enjoins you concerning your children: The male shall have equal of the portion of two females; then if they are more than two females; they shall have two-third than what the deceased has left; and if there is one. She shall have the half and as for his parents each of them shall have sixth of what he has left if he has a child, but if he has no child and( only) his two parents inherit him then his mother shall have the third; but if he has brother then the mother shall have the sixth……..’ Surah An-Nis?’ (4):11.
Surah Al-Hujur?t (49):13. See also AbdurRahman I. Doi, Shari'ah: The Islamic Law (Gaskiya Corporation, 1984), 284.
Surah At-T?n(95):3, ‘Verily, man is in the best conformation’.
Surah At-T?n (95):5, ‘thereafter We reduce him to lowest of low-excepting only such as attain to faith and do good works.’
Surah Al-‘Isr?’i(17):70 “Indeed, We have honoured the children of Adam...”
Sural Al Yasin (36) 68
Surah Al-Hujur?t (49):13.
Surah ‘abasa (80):1–4; see also Muhammad Asad, The Message of the Qur’?n (Dar al-Andalus, 1980), 923–924.
Al-HafidhIbn Kathir, Tafsir al-Qur’?n al-‘Azim, ed. Sami ibn Muhammad Salamah (Dar Tayyibah, 1999), vol. 8, 303.
Al-Nawawi, SharhSahih Muslim, vol. 9 (Dar al-Ma’rifah, 1996), 27; Ibn Hajar al-Asqalani, Fath al-Bari, vol. 2 (MaktabahSalafiyyah, 1987), 101.
Andrew J. Hogan, “Social and Medical Models of Disability and Mental Health; Evolution and Renewal” 191 no. 1 (2019): Canadian Medical Association Journal, https://doi.org/10.1503/cmaj.181008 p. 18.
BarbacaFawcell, “Children and Disability; Constructions, Implications and Change” 59 no. 2 (2016): International Social Work, https://doi.org/10.1177/0020872813515011 pp.224–234.
TheresiaDegener, “Disability in a Human Right Context” 5 no. 35 (2016): Laws, https://doi.org/10.3390/laws5030035 p. 2 & 4.
IfeomaAdaigweAmaechi, Paul OsemekeNwari, Augustine OnyebuchiAkadieze, “Stigmatizing Attitude Towards Mental Illness, Disabilities, Emotional and Behavioural Disorders Among Healthcare Students in a Tropical University College of Health Sciences” 12 no. 82 (2023): Journal of Education and Health Promotion, https://doi:10.4103/jehp.jehp–73022
Malou Beck, “Empowering Vulnerability; The Social Model of Disability and Digital Government” (2024) Technology and Regulation, https://doi.org/10.28116/techreg.2024.020 pp. 282-284.
Thomas Wells, “Sen’s Capability Approach Internet Encyclopaedia of Philosophy” https://iep.utm.edu/sen–cap/
Article 3, Conventional on the Rights of Child.
Article 9, Convention on the Right of Child with Disabilities.
Article 26, Convention on the Right of Child with Disabilities.
Article 24, Convention on the Right of Child with Disabilities.
Section 14, Child Rights Act.
Section 14, Child Rights Act.
Section 11, Child Rights Act.
Section 7, Discrimination Against Person With Disability (Prohibition) Act.
National Human Right Commission, “Status of Child Rights Act Adoption in Nigeria States” NHRC Report, 2024, 12-14.
See Sections 7-9, Discrimination Against Persons With Disability (Prohibition) Act.
Universal Basic Education Commission, “Inclusive Education Survey Report,” UBE Report, 2024, 27-29.
T. A. Abdulraheem,“Simple Biological Cycle : Explicating Maqasid Al-Shari’ah as a tool for protecting children’s Right to health” International Journal without boundary. 1 no. (1) (2016): 170-186
Section 13(1), Child's Rights Act, Cap. C50, Laws of the Federation of Nigeria 2004; Section 17(3)(d) Constitution of Nigeria 1999 (as amended).
Yusuf al-Qaradawi, Fiqh al-Awlawiyyat (Dar al-Shorouk, 1994), 45; Mohammad HashimKamali, Principles of Islamic Jurisprudence, 3rd edn (Islamic Texts Society, 2003), 348.
Surah Al-‘Isr?’i (17):33.
T.A Abdulraheem and A.B Abdulkadir (2017) Right of children to life : Hindsight and Interface of Shariah and Nigerian child law. Journal of Law ( HUJIL) 1 (1) 150-167.
Recorded by at-Tirmitht, Ibn Majah and others, verified to be Hassan by Al-bani {Sahih al jami no. 6042.
JasserAuda, Maqasid Al-Shar?’ah as Philosophy of Islamic Law (International Institute of Islamic Thought, 2008), 14–17.
Al-Tirmidhi, Sunan al-Tirmidhi, Hadith no. 2346; graded ?asan by Al-Albani.
Yusuf Al-Qaradawi, Fiqh al-Zakat, vol. 1 (Mu'assasat al-Risalah, 1996), 178.
Surah An-Nis?’ (4):98; see also Muhammad Asad, The Message of the Qur’?n (Dar al-Andalus, 1980), 125.
Al-Kasani, Bada’i al-Sana’i fi Tartib al-Shara’i, vol. 7 (Dar al-Kutub al-‘Ilmiyyah, 1986), 134; WahbaAl-Zuhayli, Al-Fiqh al-IslamiwaAdillatuhu, vol. 4 (Dar al-Fikr, 1997), 287.
Ibn Qudamah, Al-Mughni, vol. 3 (Dar al-Fikr, 1985), 108–110.
Abu Dawud, SunanAbiDawud, Hadith no. 4403; also in Al-Nasa’i and Al-Tirmidhi.
Ibn Hajar al-Asqalani, Fath al-Bari, vol. 2 (MaktabahSalafiyyah, 1987), 101.
Al-Ghazali, Ihya’ ‘Ulum al-Din, vol. 2 (Dar al-Fikr, 1997), 232–234.
Al-Bukhari, Sahih al-Bukhari, Kitab al-Tahajjud, Hadith no. 1131.
H. Al- Aoufi, N. Al-Zyoud, N Shahmina, “Islam and the cultural conceptualisation of disability”, International Journal of Adolescence and Youth. (2012):208.
Abu Dawud, SunanAbiDawud, Hadith no. 3855; see also Ibn Majah, Sunan, Hadith no. 3436.
M.M Ghaly, “Physical and Spiritual Treatment of Disability in Islam: Perspective of Early and Modern Jurists”, Journal of Religion, Disability & Health, (2008):110.
Al-Nawawi, Riyadh al-Salihin, Book of Medicine, Hadith no. 902; also Al-JawziIbn Qayyim, Zad al-Ma'ad, vol. 4 (Mu’assasat al-Risalah, 1994), 115–118.
Muslim, Sahih Muslim, Book of Destiny, Hadith no. 2664.
Article 25, United NationsConvention on the Rights of Persons with Disabilities 2006.
Ibn Hazm, Al-Muhalla, vol. 7 (Dar al-Fikr, 1980), 320; Yusuf al-Qaradawi, Fiqh al-Zakat, vol. 1, 178–179; Mashood A. Baderin, International Human Rights and Islamic Law (Oxford University Press, 2003), 208.
Jibril O. Abdulmalik&Shehu Sale, ‘’ Pathways to Psychiatric Care for children and Adolescents ata Tertiary Facilities in Northern Nigeria.’’ Journal of Public Health in Africa, (2012): 1-5.
See section 15 (1) of the Child Right Act, 2003 which provided that ‘every child has the right to free, compulsory and universal basic education and it shall be the duty of government in Nigeria to provide such education’
Human Rights Watch, “Nigeria: People with Disabilities Face Major Barriers”, (2020) https://www.hrw.org/news/2020/10/15/nigeria-people-disabilities-face-major-barriers.
A. B. Abdulkadir, “An expository study of Islamic Approach in the jurisprudence of the right to healthful environment ‘’ International Islamic University Law journal, Malaysia. 21 no. (1), (2013): 99-118
Yusuf al-Qaradawi, Fiqh al-Zakat, vol. 1 (Mu’assasat al-Risalah, 1996), 132–134.
Surah At-Tawba (9):60.
Al-Nawawi, Al-Majmu‘ Sharh al-Muhadhdhab, vol. 6 (Dar al-Fikr, 1997), 195.
See Lagos State Street Begging Prohibition Law, 2013; Penal Code Act (Northern Nigeria), ss. 405–409..
Mashood A. Baderin, International Human Rights and Islamic Law (Oxford University Press, 2003), 97–98.
Surah An-Nis?’ (4):5.
Mohammad HashimKamali, The Dignity of Man: An Islamic Perspective (Islamic Texts Society, 2002), 62–64.
Kristine J. Ajrouch and Amira El-Zein, “Disability and Mutual Care in Muslim Families,” in Disability in the Global South, ed. Shaun Grech and Karen Soldatic (Springer, 2016), 405–423.
Qur’?n 24:61.
Al-Qaradawi, Fiqh al-Awlawiyyat(Dar al-Shorouk, 1994), 94; Al-Mawardi, Adab al-Dunyawa al-Din (Dar al-Minhaj, 2006), 205–207.
United Nations, Convention on the Rights of Persons with Disabilities (2006), especially Articles 4, 7, 23, and 25.
A. Abubakar, “Disability in Northern Nigeria: A Cultural and Legal Appraisal,” Nigerian Journal of Human Rights, 8, no. 2 (2020): 104.
M. O. Adebayo, “Islam and Disability: Rights, Misconceptions, and Realities,” Ilorin Journal of Islamic Studies, 6, no. 1 (2021): 87.
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