The document discusses institutionalizing zakat and waqf in northern Nigeria to help protect children's rights to basic education and health. It notes that northern Nigeria has high rates of illiteracy and child mortality despite laws recognizing these rights. Zakat and waqf can supplement government funds to provide education and healthcare, especially for poor citizens. While some may argue this infringes on religious freedom or won't work economically, zakat and waqf can benefit Muslims and non-Muslims and provide sustainable funding. The document recommends the government pass laws to establish agencies to collect, administer and distribute zakat and waqf funds to new and existing education and health facilities in northern Nigeria.

1. Abdulraheem,
Taofeeq Abolaji
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Ahmad,
Hussein Folorunsho
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Imam-Tamim,
Muhammad Kamaldeen
PROTECTING THE
CHILDREN’S RIGHT TO
BASIC EDUCATION AND
HEALTH IN NORTHERN
NIGERIA: EXPLORING
INSTITUTIONALIZATION
OF ZAKAT AND WAQF
AS A VIABLE OPTION

2.  Nigeria is a Muslim dominated country and the northern
Nigeria contains the majority of the Muslim population.
 Nigeria operates a plural legal system derived from
Shari’ah, Common Law of England and Customary Law.
 Nigeria, like other states, has undertaken to be a welfare
state and recognises the socio-economic rights of the
citizens.
 Some of the rights recognised under the 1999 Nigerian
Constitution include Child Rights, right to health and right
to education.
INTRODUCTION

3.  Both international law and Shari’ah recognise that provision
of access to education and adequate health facilities are
among the foremost responsibilities of a government.
 Yet, the northern region of Nigeria, has the highest rates of
out-of-school children and child mortality among the
regions in Nigeria.
INTRODUCTION

4.  Children rights to education and health are recognised under
the Nigerian Constitution and several other subsidiary
legislation.
 Nigeria has ratified several international instruments that
recognise these rights.
 The National Assembly also passed the Child Rights Act
2003 to domestically recognise these rights.
 Notwithstanding the above laws, the Northern states still
have high rates of illiteracy and child mortality.

5.  Nigeria is among five countries that contribute 50% of
the annual global children mortality (Nnamuchi, 2007).
 The high incidence of the out-of-school children is also
linked to the security challenge of Boko Haram
currently facing Nigeria (Onuoha, 2014; Aro, 2013).
 Provision of education and health facilities is duty of
states which directly administer the people and collect
taxes.
CHALLENGES TO CHILDREN’S RIGHT TO HEALTH AND
EDUCATION IN NORTHERN NIGERIA

6.  The states have failed to fulfil these obligations.
 Many citizens could not afford reasonable education
and health care for their children due to poverty
(UNICEF, 2000).
 Many Nigerians, especially the northerners live
below the poverty line yet good schools and health
care institutions are becoming increasingly
unaffordable.
CHALLENGES TO CHILDREN’S RIGHT TO HEALTH
AND EDUCATION IN NORTHERN NIGERIA

7. States complain that they lack enough
resources to provide access to free education
and free health care delivery (Abayomi,
2015).
The citizens are also legally handicapped to
call the governments to action because of
Non-Justiciability principle in the constitution.
CHALLENGES TO CHILDREN’S RIGHT TO HEALTH
AND EDUCATION IN NORTHERN NIGERIA

8. Need to harmonise the concerns on both sides
By finding alternative ways of making the northern
states to provide adequate education and health
facilities to children.
 Need to harness the potentials of zakah and waqf
To supplement government’s funds for providing socio-
economic facilities especially education and health care
delivery for the children of poor citizens.
CHALLENGES TO CHILDREN’S RIGHT TO HEALTH
AND EDUCATION IN NORTHERN NIGERIA

9.  Zakah and Waqf are among the various institutions
established under shari’ah to enhance the socio-economic
welfare of the poor.
 Islamically, the primary socio-economic obligation of a state
is to provide mental and physical security as well as the
sustenance of the citizens to fulfil the maqasid al-shari’ah.
 Islamic economists found that zakah can be used to fund
socio-economic infrastructures like education, vocational
training, medical facilities, etc.
ROLES OF ZAKAH AND WAQF IN PROVISION
OF HEALTH AND EDUCATION FACILITIES

10.  Although zakah and waqf are expected to be private acts,
contemporary events have shown the need for government’s
involvement.
 Many waqf and zakah funds do not pass through proper channels,
not recorded and did not form part of any planning strategy.
 These institutions are therefore not efficient in providing the needed
socio-economic infrastructures.
 Another challenge to the relevance of zakah and waqf institutions
in Muslim societies is lack of legal framework or proper
implementation.

11.  Several Muslim countries have institutionalised the
administration of zakah and waqf.
 They administer the collection and distribution of zakah
and waqf.
In Yemen, Saudi Arabia, Malaysia, Libya, Pakistan,
Sudan, etc., zakah is compulsory.
In Jordan, Kuwait, Qatar, Bahrain, Bangladesh, South
Africa, Indonesia, Oman, etc., zakah is voluntarily
remitted.

12.  Muslims constitute around 50% of Nigerian population but larger
percentages of the Muslims reside in the north.
 Nigerian 1999 Constitution allows states to operate Islamic law as
a system of law.
 Many northern states have adopted shari’ah as one of the official
systems of law and have made laws and institutions on shari’ah-
related issues.
 The states, therefore, have power to make laws on the
administration of Islamic personal law matters including waqf and
zakah.

13.  Institutionalisation of zakah and waqf may be challenged on two
grounds:
 Query 1: Institutionalisation of zakah and waqf is a breach of
freedom of religion.
 But zakah and waqf cater for the welfare of the underprivileged
Muslims and non-Muslims
 The Qur’an does not exclude non-Muslims from among the
beneficiaries of zakah and waqf (Kahf, 1980).
 The jamhûr recognise the right of the non-Muslims to benefit from
zakah and waqf because it is the duty of the government to ensure
their protection from suffering.

14.  Query 2: These institutions will not be viable within the
modern Nigerian economic system.
Waqf and Zakah institutions supplement modern states’ effort towards
fulfilling their obligations.
Support macro-economic policies for improving human capital and
designing programmes for less privileged.
Ensure predictable and constant resources to provide new education
and health facilities or refurbish the existing ones.
Their Income is immune from economic fluctuations because temporary
setback in the financial condition of the individual payer or donor does
not affect their ability to give their dues.

15. Government to have a strict anti-corruption stance
Sponsor expert researchers to keep working for the
continuous development of the fiqh of waqf and zakah
and their further roles in modern economics.
The government agencies, NPOs and the registered
collector companies should include certain marketing
strategies that would drive proper identification of
eligible zakah payers (especially) and the eligible
beneficiaries
STRATEGIES FOR SUCCESSFUL INSTITUTIONALISATION
OF ZAKAH AND WAQF IN NORTHERN NIGERIA

16. Economic policy reform to accommodate and integrate
the waqf and zakah into their respective developmental
plans.
States must pass laws that will establish agencies to
collect, administer and distribute the zakah and waqf
funds.
Recognise the establishment of nongovernmental non-
profit organisations (NPOs) that will be registered with the
established government agency.
STRATEGIES FOR SUCCESSFUL INSTITUTIONALISATION
OF ZAKAH AND WAQF IN NORTHERN NIGERIA

17.  What constitute socioeconomic infrastructures in the Nigerian constitution are
the same with what constitute daruriyah under the maqasid al-shari’ah.
 Nigeria still has alarming rates of both infant mortality and out-of-school
children.
 Northern states has the highest numbers of out-of-school children and infant
mortality because the states still grapple with how to overcome these
problems.
 The states need alternative source(s) of income to fulfil their obligations.
 The states could harness the economic objectives and benefits of both waqf
and zakah institutions.
 Although certain concerns could be raised regarding the legality and viability of
the institutionalisation of zakah and waqf both from the constitutional and
shari’ah perspectives, this paper has shown that the exercise is supported
under both systems.
CONCLUSION

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