In my previous discussion, I discussed much on the 'Ijbar', which means the  act of forceful order (especially in the case of marriage). Allah (SWT) has created men and women as company for one another, and so that they can procreate and live in peace and tranquillity according to the commandments of Allah and the directions of His Messenger. The Qur'an says: "And among His signs is this that He created for you mates from among yourselves, that you may dwell in tranquillity with them, and He has put love and mercy between your hearts. Undoubtedly in these are signs for those who reflect." (30:21).

"And Allah has made for you your mates of your own nature, and made for you, out of them, sons and daughters and grandchildren, and provided for you sustenance of the best." (16:72).

These verses of the Noble Qur'an clearly show that in contrast to other religions like Christianity, Buddhism, Judaism etc.

which consider celibacy or monasticism as a great virtue and a means of salvation, Islam considers marriage as one of the most virtuous and approved institutions. The Messenger of Allah (peace be upon him) declared, "There is no monasticism in Islam." He further ordained, "O you young men! Whoever is able to marry should marry, for that will help him to lower his gaze and guard his modesty." (Al-Bukhari).

Modesty was regarded as a great virtue by the Prophet. He said, "Modesty is part of faith." (Al-Bukhari). The importance of the institution or marriage receives its greatest emphasis from the following Hadith of the Prophet (SAW), "Marriage is my 'Sunna' (tradition). Whosoever keeps away from it is not from me."

With these Qur'anic injunctions and the guidance from the Prophet (peace be upon him) in mind, we shall examine the institution of marriage in the Shari'ah. There are divergent opinions among scholars on the meaning of the concept of Ijbar.

 However, one grain runs through all their expositions, that is; Ijbar is the exercise of a duty or right by the father or guardian of a female minor or virgin with or without the consent of the affected female.

The approach Women's Right Advancement And Protective Alternative (WRAPA) taken pointed out that Ijbar is only practiced by the Maliki jurisprudential school and Nigeria operates the Maliki School of Fiqh. A significant feature of this School is that it leans heavily on the Sunnah, that is; Prophetic sayings, traditions and doings. This is explainable because Imam Malik was domiciled in Medina which was very rich in the traditions of the Holy Prophet (SAW). His categorization of Ahadith (plural of Hadith), methods of deduction, inference and interpretation are peculiar in that he believes that the tradition of the Sahaba (the companions of the Prophet -SAW) represents the correct traditions of the Prophet (SAW).The concept of Ijbar covers all cases of underage virgin marriage. The meaning of underage is not clearly stated; it could be nine years and below or some years above nine years.

In the normative teachings of Islam, marriage is seen as a Mithaq (bond), between husband and wife, and each party has certain rights, duties and obligations to the other during the currency of the contract. So, under the Shari'a, an underage or a minor is among the persons who do not have the legal capacity to contract. Any enforceable contract involving such a minor is done through his/her Guardian who could be the father or some other near relation or appointee by the Court. The reasoning of the law is that the child lacks the sense to appreciate fully the import of whatever contractual relationship the child is engaged in at that material time.

However, the consent of the minor is an essential element of marriage, and the Qur'an gives women a substantial role in choosing their own life partners. Quran 2:232 Says: "Do not prevent them from marrying their husbands when they agree between themselves in a lawful manner". (2:232).

It was Imam Malik, who gave a slightly restrictive interpretation to this verse and made the choice of partner by a Muslim girl subject to the over-ruling power or ijbar of her father or guardian in the interests of the girl herself. Hanbali also speaks to the power of Ijbar by the father or guardian. However other schools of thought did not; the Hanafi fiqh holds that the consent of both prospective spouses is required for marriage and that the Wali's[1] consent is largely irrelevant (although the wail may object on some very limited grounds).

The right of the father to Ijbar extends only to his minor daughters who are virgins. For the father to exercise his right, he must apart from parenthood be qualified to act as the girl's guardian. In other words, he must at all material time act in the best interest of the girl by displaying a good sense of judgment and being conscientious.  Authority relied upon is Sayyidina Abubakar's marriage of Aisha at age 9 to the Prophet (SAW). In the absence of the father, some jurists accord the girl's         grandfather the same right while other jurists give same to all types of guardian. For the Shafi'is father and grandfather should not marry off a minor until she attains puberty in order not to marry her to a husband she may not like.It is unlawful in Islam for the father or guardian to conduct a marriage that is detrimental to the interest of the minor involved. The paramount role entrusted to the father or guardian is to ensure proper guidance, protect and act in a way that the best interest of the girl involved is adequately, if not fully protected. Any marriage to an infant without the consent of the parent or guardian is invalid since the infant has no capacity, legal or religious, to contract by herself.

In addition, matured virgin who is of sound mind and adult could be married out by her father without her prior consent with the proviso that the husband chosen for her is suitable and commands equal status.  The reasoning here is that although an adult, she having never been married before she possesses no experience of matrimony.  She is in the same position as a virgin who is a minor and therefore requires the necessary guidance and conscientious conduct of her nuptial affairs by her father or guardian.

A widow or a divorcee is free to make her own choice of husband. The woman in this class is experienced and understands substantially the implications of being married.  She can effectively handle her affairs. It does not matter if she is a minor or adult.  This is supported both by the prophetic traditions and common practice. However, some jurists believe that a divorced woman who is a minor can still be married off by her father to another husband without her consent.

Also, a minor who was given out in marriage has the right reserved for her under the Islamic law to exercise the "option of majority" on attaining the age of majority. This notion simply connotes that the girl concerned has the prerogative or right to either opt to continue the marriage or to repudiate it once she attains the age of majority. The minor attains majority in Islam on reaching the age of puberty. This varies and could be dependent on both the physiological development of the individual, genetic constitution of the child and the environment in which she was brought up. The rate of growth to maturity inheres in the individual and is influenced by environmental factors.

Another important factor in Ijbar is that the father in giving out the minor in marriage must give her to a husband who is suitable and of equal social standing as the minor. According to Buhari Fiqhu Sunnah all in Kitabul nikah, religion and good manners are the two considerations required from the suitor. If the marriage is contracted with a man of lower social status to the girl, the marriage is invalid ab-initio under the Shari'a. Though, a minority of the jurists are of the view that the marriage can only be invalid if the father was aware of the inequality or inadequacy of the husband at the time of the marriage.  These few jurists believe that inequality of the spouses is not one of the conditions of marriage but that in any event, a marriage is invalid if the girl is underage.

There is the issue of forced marriage which is often confused with the doctrine of Ijbar.  This is where the lady is compelled to marry against her consent in the interest of the public.  Where a woman/female is feared to be engaged in acts of promiscuity or sexual misbehaviour, her guardian or even the sovereign can marry her out with or without her consent.  The essence is to protect public morality and the personal integrity of the individual concerned.  It is of common knowledge that public interest overrides personal interest where any conflict occurs.

The application of the doctrine of Ijbar in marriage contracts, according to WRAPA has made it possible for parents to give out their daughters who are minors to husbands without the prior express consent of the affected girl being sought and obtained.

From the opinions of respondents, the practice of Ijbar is prevalent in all the7 project states especially among the rural populace. 99.48% of the sample confirmed that ijbar is prevalent in these states. Very insignificant few (i.e. 0.52%) believe that ijbar is no more practiced. For example, Mallam Isa Ibrahim, who heads an Islamiyyah school in Birnin-Kebbi and Dr. Usman Abubakar Danama, Chief Imam of Gesse Jumu'at mosque indicate that Ijbar is not as prevalent as before.  The consensus is that children these days are allowed to choose their spouses. However, this represents an inconsequential minority opinion.

Conclusively, Ijbar has been an issue deliberated world wide, in 1920s, th notion of the forceful marriage was debated by a Tunisian reformist, Tahar Haddad, where he questioned several public figures, judges and jurists from Zitouna university and from Islamic Shar tribunal of Tûnis to find out whether a woman had the right to choose her future husband. In what circumstance did this right belong to the guardian? Who would have the final decision? Among the contributions and raporturs, notable was that "When the woman's father is deceased, she has the full right to choose her future husband. The role of guardian is limited to confirming this choice except where there are problems with the suitors."  Can our northern populace embrace such contributions and doctrines of Ijbar practiced worldwide by other Islamic communities?