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MARITAL RIGHTS AND OBLIGATIONS IN ISLAMIC LAW: A CRITICAL ANALYSIS OF ITS PRACTICE IN NORTHERN NIGERIA

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ABSTRACT

Marriage under Islamic law, as an institute is generally the cradle of any legitimate family and society. Hence the success of marriage must eventually lead to the success and development of the society. Where however marriage is marred with multiple problems and instability, no meaningful family life and relationship can be achieved and that may lead to the degeneration of the entire society. Nowadays in our society, spouses are ignorant of their rights as well as their corresponding duties that are imposed by Allah in relation to marriage. Also rights of wives are being violated, especially the right to maintenance and general care. Consequently this dissertation aimed at examining the Islamic law relating to marriage and marital rights and duties of spouses and critically analyse the practice of the Muslims in regards to rights and duties in marriage as well as to examine the compliance of the Muslims to the Islamic law on marriage. In this work, both doctrinal and empirical approach was adopted. The doctrinal research was achieved by the study of the Qur‟an, Hadith and Islamic jurisprudence as well as case study. The empirical approach was carried out through the preparation and distribution of questionnaire and analysis of data. The result showed that there are lapses in adherence to Islamic provisions in relation to marital rights and obligations by the spouses in both rural and urban areas. It was also found that spouses are ignorant of their respective Islamic rights and obligations which as a result end up in dissolution of marriages. The work recommended that, all intending couples should endeavour to be educated about their rights and responsibilities as husband and wife and there should be massive enlightenment campaign in order to reduce dispute, and aggrieved spouse should seek redress in the court.

CHAPTER ONE

GENERAL INTRODUCTION

1.1       Background of the Study

Marriage is a social union or legal contract between people that creates kinship.      In the

Shari’ah marriage is a relationship of mutual love, mercy and kindness. In Islamic law

marriage is civil contract between parties which allows them mutually to agree upon the

terms and conditions of their future together. Marriage as the holy Quran stresses, is a

strong bond and binding commitment to life itself, to society and to the normal and healthy

survival of the human race1. It is commitment that married spouses make to one another as

well as to Almighty Allah. It is the kind of commitment in which they find mutual

fulfillment, self realisation, love and peace, compassion, serenity, comfort and hope2. Allah

describes marriage and marital relationships between man and woman as one of his great

bounties on mankind for which they should be grateful and they should demonstrate their

appreciation of his bounties by being God-fearing. Allah says 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 ye plead with one another and (reverence) the wombs (that bore you). Surely God ever watches over you3.

1Monzer.kahf.com; A Handbook on Marriage with marriage contract and marriage Certificate.www. Monzer.kahf. com. 2007 p.2 Accessed 15 Nov. 2011

2Ibid

3Qur‟an 4vs 1 Muahammad T. A. and Muahammad M. K.(1996). A summarized version of At- Tabari, Al Qurtubi and ibn Kathir with comments from Sahih Al-Buhari Darussalamu publisher and distrib

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