Child Welfare Versus Doctrines of Legitimacy: Reconciling Islamic Law, Customary Law and Statutory Child Rights in Nigeria

Abstract

The legal status of children born outside wedlock remains a contentious issue within Nigeria’s plural legal system, where statutory law, customary law, and Islamic law operate concurrently. While the Constitution of the Federal Republic of Nigeria 1999 and the Child's Rights Act 2003 adopt a rights-based framework grounded in equality, dignity, and the best interests of the child, customary and Islamic law continue to attach significant legal consequences to legitimacy, particularly in matters of paternity, inheritance, and social identity. This article critically examines the doctrinal conflict arising from these divergent legal regimes. Adopting a doctrinal methodology, it analyses statutory provisions, judicial decisions, and Islamic juristic authorities on lineage (nasab) and legitimacy. The study finds that strict adherence to traditional legitimacy doctrines often produces discriminatory outcomes that are difficult to reconcile with constitutional guarantees of non-discrimination and evolving human rights standards. It further argues that Nigerian courts have begun, albeit inconsistently, to adopt welfare-oriented interpretations, but a coherent jurisprudential approach remains lacking. The article proposes a harmonised framework that combines purposive judicial interpretation, legislative reform, and internal doctrinal evolution within customary and Islamic law, particularly through ijtihad and public interest considerations. It concludes that meaningful reconciliation is both necessary and achievable, provided that the welfare and dignity of the child are prioritised as the overriding legal standard.