A Critical Analysis of the Practice of Islamic Marriage Law in Northern Nigeria
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ABSTRACT
According to Islamic law, marriage is an institution that is usually considered to be the birthplace of any lawful family or community. Therefore, the success of marriage must inevitably lead, in the long run, to the prosperity and advancement of society. If, on the other hand, a marriage is fraught with a variety of difficulties and insecurity, it is impossible to have a meaningful family life or meaningful relationships, which may lead to the deterioration of a whole society. Spouses in today’s culture are often unaware of the rights and responsibilities that are bestowed upon them by Allah in connection with marriage. This is the case in our modern society. Additionally, the rights of spouses are being infringed, particularly the right to maintenance and general care for the household. As a result, the purpose of this dissertation was to investigate Islamic law as it relates to marriage, as well as the rights and responsibilities that spouses have within marriage. Additionally, the dissertation aimed to conduct an in-depth analysis of how Muslims actually treat their rights and responsibilities within marriage, as well as investigate how well Muslims adhere to Islamic law regarding marriage. In this particular piece of study, a theological as well as an empirical approach was used. In order to complete the doctrinal investigation, we looked at the Hadith, the Quran, and Islamic law. In addition, we looked at specific cases. The empirical strategy consisted of preparing and distributing questionnaires, as well as analyzing the data that was collected from those questionnaires. The findings indicated that there is a lack of adherence to Islamic principles in respect to marital rights and responsibilities by the spouses in both rural and urban settings. This was shown by the fact that the result revealed there to be lapses. It was also discovered that spouses are uninformed of their separate Islamic rights and duties, which leads to the breakup of marriages as a direct consequence of this ignorance. According to the findings, it was recommended that all intending couples should make an effort to become educated about their rights and responsibilities as husband and wife, that there should be a massive enlightenment campaign in order to reduce disputes, and that the aggrieved spouse should seek redress in the court.
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CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background of the Study
A social connection or legal contract between two persons that results in the formation of kinship is known as marriage. In the
Marriage in the Shariah is a partnership based on love, compassion, and goodwill between the partners. In Islamic law
The partners to a marriage enter into a legally binding agreement with one another called a marriage contract.
stipulations pertaining to the continuation of their relationship. According to the teachings of the holy Quran, marriage is a
strong connection and unbreakable pledge to life in general, to society, and to what is considered normal and healthy
The continuation of the human race
1. It is a promise of commitment that partners make to one another when they are married.
as well as to the All-Powerful Allah. It is the type of commitment in which they find each other to be of value.
the attainment of one’s potential, love and peace, self-realization, compassion, serenity, hope, and comfort
2. Allah
views marriage and the connections that develop between a man and a woman within the context of marriage as one of his major achievements.
benefits on people for which they ought to be thankful, and for which they ought to display their gratitude in appropriate ways.
Respect for God as a result of having gratitude for the blessings he has bestowed. The following may be found in the Quran:
Mankind, fear your Lord, who created you from a single soul, created of like nature its spouse from a single soul, and from the pair of them scattered countless of men and women, reverence God in whose name you plead with one another, and (reverence) the wombs. Mankind, fear your Lord, who created you from a single soul (that bore you). Surely, God is always keeping watch on you3.
A Handbook on Marriage that includes a marriage contract and a marriage certificate may be found at 1Monzer.kahf.com.
www. Monzer.kahf. com. 2007 p.2 Retrieved on November 15th, 2011
2Ibid
3Qur‟an 4vs 1 Muahammad T. A. and Muahammad M. K. (1996). A condensed version of At- Tabari, Al Qurtubi, and Ibn Kathir with remarks from the publisher and distributor of Sahih Al-Buhari Darussalamu
A Critical Analysis of the Practice of Islamic Marriage Law in Northern Nigeria
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