THE BEST INTERESTS OF THE CHILD: THE CHILD RIGHTS ACT 2003 AND THE MAQĀṣID AL- SHARĪʿAH PERSPECTIVE ON CHILD’S RIGHT TO HEALTHCARE
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Date
2025
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Published by: Department of Sharia, Faculty of Law, University of Maiduguri, Nigeria.
Abstract
The best interests of a child are a fundamental principle
under the Nigerian Child Rights Act, 2003, requiring
consideration in all decisions affecting a child’s healthcare.
Similarly, Maqasid al-Sharia
(the higher objectives of
Islamic Law) contains robust provisions for child
protection. Despite this framework, an under-five
mortality rate still stands at 102/1,000. This article
compares how the Child Rights Act 2003 and the Maqāṣid
Sharīʿah operationalise the "best interest of the child" in
medical decisions. The article employs a doctrinal method,
which includes analyses of primary and secondary data. It
is found that twelve (12) northern states show Sharīʿah
adoption cut infant deaths by 36% and raised vaccination
uptake 30%, yet 1.3 million under-fives remain partially
immunised where parental refusals persist. The article
concludes that both legal frameworks- through the CRA’s
judicial override provision and Maqāṣid’s imperative of
hifs al nafs (protection of life) provide authoritative
grounds for authorising life-saving medical treatment
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Keywords
Healthcare, child, best-interest, Nigeria
Citation
Volume 10, No. 1