PAPER WITHDRAWN--4113----Law and Values in Society: An Examination of Muslim's Response to "Child's Right Act" in Nigeria.

The aim of every law is to serve as instrument for positive social change, control of human behaviour and regulation of human conduct. It is necessary therefore for every law to take into consideration the socio-cultural and religious background of the people for whom it is made. If the law keeps a blind eye to those considerations, it will not command respect and obedience; hence the desired social change and respectability will not be achieved. Using this parameter, the paper examines the controversy surrounding the promulgation of Nigeria's Child's Right Act which has been passed into law by the National Assembly and duly assented to by the President in July, 2003. The Act is about the most important document which has incorporated the rights of the Nigerian child. The document had sought to set out human rights of the Nigerian child using the standard obtainable at international level. Specifically, the Act derived its inspiration from the following instruments: United Nations Declaration on the Rights of the Child, 1959 and the Millennium Development Goals. The Child's Right Act has made adequate provision for promotion of the welfare of Nigerian Child and promotes unity amongst the various interest groups in Nigeria.. The Act no doubt contained adequate provisions that will give legal cover to the all round development and welfare of the Nigerian child regardless of the circumstances of his birth, religion, culture and ethnic background. However, in a multi- ethnic, multi-cultural, and multi-religious society as Nigeria, any form of legislation that affects the cultural life is bound to be greeted with opposition and protests. For instance, the Muslims were quick to point out certain gray areas that seem to be inconsistent with their cultural and religious values.Let's take a look at Section 10(1) and (2) under part two of this Act provides that "any discrimination against child on the grounds of sex … or deprivation by reason of circumstances of birth is prohibited". These provisions are in conflict with some rules under Islamic law and they have the capacity of negating those rules. The provision will render negative the Islamic rule which precludes an illegitimate child from inheriting the estate of his illegitimate father. Likewise, the section will invalidate the formula under Islamic law of inheritance where the male child gets twice the share of female child or a non-Muslim child cannot inherit his Muslim father and vice-versa. Under Chapter 4, Verse 11 of the Qur'an, a male child is entitled to twice the share of a female child in cases of inheritance. Likewise Shariah law prohibited right of inheritance between two persons of different religion. Not surprisingly, the Muslim- dominated Northern Nigeria mounted fierce opposition against the law since, according to them, a number of its provisions are violently opposed to their culture and religionKey Words: socio-cultural values, law, religion, shari,ahDr. Sulaiman Khalid is Associate Professor and Head, Department of Sociology, Usmanu Danfodiyo University, Sokoto- Nigeria ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]