Opinion | Faith, Law, and the Child: Reconciling Islamic Law and the African Charter in Somalia
On October 1, 2025, Somalia’s Lower House voted overwhelmingly to ratify the African Charter on the Rights and Welfare of the Child, becoming the 52nd African Union member to adopt it. The charter raises the legal age of marriage to 18—a security that quickly sparked debate when Somalia’s government clarified that Islamic definitions of maturity would determine marriageability. The Somali administration’s present reading of Islamic law risks undermining child rights, unless it is reframed as a source of protection rather than restriction.
At its core, the ACRWC promotion of child rights goes well beyond banning child marriage: It calls on states to protect children from abuse, exploitation, and harmful practices, while ensuring access to education, health care, and protection services. Yet in practice, Somalia’s declaration that Sharia law takes precedence over the Charter’s policies creates tension between religious and state rights standards. Although both aim to uphold human well-being, defining maturity without a precise age leaves room for early marriage and inconsistent enforcement.
In Somalia’s case, the government’s understanding of Islamic principles relies heavily on puberty as the key marker of maturity, a standard that does not rely on age. While puberty is critical to evaluate readiness for marriage, Sharia law also emphasizes the ability to manage a relationship, raise a family, and make sound judgments with full consent. The focus on puberty alone is not purely theological. It reflects the historical context that these laws were developed within.
Somalia’s history demonstrates both hardship and endurance. Decades of conflict, droughts, famine, and mass displacement have left children especially vulnerable to abduction, sexual violence, and early marriage. The collapse of schools, clinics, and local establishments has made even the most basic protections difficult to enforce. In many rural areas, poverty and weak governance have driven families to see child marriage as a form of protection—a practice reinforced by Xeer, a customary code that governs family and community matters.
The colonial era deepened these divides. British rule in the north and Italian control in the south left behind two separate legal systems that never fully merged: common law and civil law. These remnants still shape Somalia today: Fragile state institutions challenge efforts to implement cohesive governance and rule of law across the country. The result is a mosaic of laws and traditions, each addressing child marriage through the lens of survival rather than protection.
These tensions extend to Somalia’s current state of affairs. Recent reports have indicated that around 45 per cent of women get married before 18 and around eight per cent before 15. These statistics ring particularly true for women and girls in rural and underprivileged areas, where child marriages have historically been used to secure financial stability. A framework that connects faith and law can strengthen Somalia’s legal order and bring clarity to the protection of its children—and this outcome is well within reach.
Islamic law offers a credible foundation that preserves the rights of children. Its characterization as a global faith allows for interpretations of its teachings to be applied universally and highlights the importance of well-grounded interpretation. As one of the most influential Sunni authorities, Al-Azhar University in Cairo provides a model for reconciling faith with international human rights standards. Its scholars affirm that early marriage reflects cultural custom rather than Quranic command. This institution advocates for setting 18 as the minimum age for marriage. Within their Islamic viewpoint, marriage is a “religious and social responsibility” that cannot be burdened upon children.
Al Alzhar’s understanding melds Islamic law with child rights by clarifying that true maturity is intellectual and emotional readiness, often reached at 18 or older. They also note that girls under 18 cannot safely bear a child, as maternal mortality rates are higher amongst young mothers. In this light, Islamic law prohibits child marriage and promotes the ACRWC’s minimum legal age for marriage.
At the heart of this debate is the concept of maturity. Key Islamic perspectives assert that Quranic teachings prioritize the protection of life, intellect, and dignity. The principle of “no coercion in religion” and the Maqsaid al-Sharia (objectives of Islamic law) center on a child’s welfare and consent, showing that early marriage defies Sharia’s ethical purpose. These diverse outlooks echo modern child-protection goals.
Similar reforms in other Muslim-majority countries illustrate the potential impact of legal change. In Tunisia, after setting 18 as the legal age for marriage, child marriage has dropped from seven per cent to just two per cent. It is a powerful reminder that decisive policy shifts can have a lasting impact on the lives of young people.
Somalia’s ratification of the ACRWC is a milestone, but it risks remaining largely symbolic unless domestic law and practice follow suit. For the charter to function as a genuine legal obligation, Somalia should align the 18-year minimum age for marriage with the Islamic principles it prioritizes. By emphasizing Quranic interpretations that protect children and respect their consent, religious authorities can show communities and politicians that the charter aligns with their faith—and is not an imposition of foreign values. Doing so would affirm that Sharia can safeguard child rights rather than provide a loophole for early marriage. Ratification is an essential first step, but meaningful change comes only when law and religion put children first, and in tandem.
Edited by Shumyle Shahid
Featured image: Students by Teresa Krug is licensed under CC BY-NC 2.0.
