CHILD’S RIGHT TO EDUCATION IN ISLAMIC LAW: REFLECTIONS ON BOKO HARAM INSURGENCY
Child access to education and protection of educational
facilities are generally guaranteed under Islamic law.
Parties to armed conflict, whether International Armed
Conflict (IAC) or Non-International Armed Conflict
(NIAC), are required to observe and protect child’s right to
education. This paper focuses on Child’s right to education
during Boko Haram conflict. The paper adopts a qualitative
method of legal research. This involved analysis of existing
literature and interviews. The paper observed that, the nonstate armed groups adopted a disturbing method of
deliberate attack on civilian’s object and particularly,
violation of child’s right of access to education and
educational facilities. This phenomenon has called for the
need to strengthen the existing legal and institutional
frameworks towards ensuring the accountability of nonstate armed groups for human rights violations and the
violation of the child’s right to education. The paper
concludes that, the conduct and method of warfare used by
Boko Haram insurgents does not comply with mainstream
Islam and therefore violates Shari’ah; child’s access to
education is a fundamental right and therefore guaranteed
in Islamic law even during hostilities. Thus, it is
recommended amongst others that, there is need for
constructive dialogue with the armed groups within the
confine of international humanitarian law and Shari’ah for
positive sustainable child’s capacity development.
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