Title Page – – – – – – – – – i Dedication – – – – – – – – – ii Certification – – – – – – – – – iii Dedication – – – – – – – – – iv Acknowledgment – – – – – – – – v Abstract – – – – – – – – – vii Table of Cases – – – – – – – – – viii List of Statutes and Laws – – – – – – – ix Glossary – – – – – – – – – xi Abbreviation – – – – – – – – – xii Contents – – – – – – – – – xiii 1.0

Chapter ONE

: GENERAL INTRODUCTION 1.1 Background to the Study – – – – – – 1 1.2 Statement of the Problem – – – – – – 3 1.3 Aims and Objectives – – – – – – – 4 1.4 Justification – – – – – – – – 4 1.5 Research Methodology – – – – – – 4 1.6 Literature Review – – – – – – – 5 1.7 Scope of the Research – – – – – – – 9 1.8 Organisational Layout – – – – – – – 10 2.0

Chapter TWO

: MARRIAGE UNDER ISLAMIC AND STATUTORY LAWS 2.1 Introduction – – – – – – – – 12 2.2 The Purpose of Marriage under Islamic Law – – – – 14 2.3 Requirement of a Valid Islamic Law Marriage – – – 15 2.3.1 Proposal – – – – – – – – 15 2.3.2 Offer (Ijab) and Acceptance (Qabul) – – – – – 17 2.3.3 Marriage Guardian (Waliyatun Nikkah) – – – – 18 2.3.4 Dowry (Sadaq) – – – – – – 22 2.3.5 Witnesses – – – – – – – – 25 2.4 The Purpose of Marriage under Statutory Law – – – 27 2.5 Requirement of a Valid Statutory Marriage – – – – 28 2.5.1 Marriageable Age – – – – – – – 28 2.5.2 Consent of the Parents – – – – – – 29 2.5.3 Prohibited Degree – – – – – – – 30 2.5.4 Prior Customary or Statutory Marriage – – – – 31 2.5.5 Consent of Parties – – – – – – – 32 3.0

Chapter THREE

: MAINTENANCE OF WIFE UNDER ISLAMIC LAWS 3.1 Introduction – – – – – – – – 33 3.2 Basis of Maintenance of Wife under Islamic Law – – – 34 3.3 Scale of Maintenance of Wife under Islamic Law – – – 36 3.4 Components of Maintenance – – – – – 38 3.4.1 Feeding – – – – – – – – 38 3.4.2 Clothing – – – – – – – – 38 3.4.3 Lodging. – – – – – – – – 38 3.4.4 Medication or Medical Treatment – – – – – 39 3.4.5 Domestic Services – – – – – – – 39 3.5 Maintenance when Due – – – – – – 41 3.5.1 Immediately after Contract – – – – – – 42 3.5.2 After Consummation – – – – – – – 43 3.5.2.1 Marriage Must be Valid and Subsisting – – – – 43 3.5.2.2 Marriage Must be Consummated – – – – – 43 3.5.2.3 Wife Must be Capable of Sexual Intercourse – – – – 43 3.5.2.4 Wife Must be Accessible for Conjugal Relations – – – 45 3.6 Maintenance of wife under special circumstance – – – 49 3.6.1 Maintenance Where the Wife is a Worker – – – – 49 3.6.2 Maintenance during Iddah (Waiting Period) – – – – 51 3.6.3 Maintenance during Sickness of Wife – – – – 55 3.6.4 Maintenance During Absence of the Husband – – – 56 3.6.5 Maintenance of a Wife when the Husband has no Means of Livelihood (poverty) – – – – – – – – – – 57 3.7 Withholding Maintenance – – – – – – 59 3.7.1 Recalcitrance (Disobedience) – – – – – – 59 4.0

Chapter FOUR

: MAINTENANCE OF WIFE UNDER STATUTORY LAW 4.1 Introduction – – – – – – 61 4.2 Basis of Maintenance of Wife under Statutory Law – – – 64 4.3 Criteria for Consideration of Award of Maintenance of Wife under Statutory Laws – – – – – – – – – – 66 4.3.1 Means of the Parties – – – – – – – 66 4.3.2 Earning Capacity of the Parties – – – – – 67 4.3.3 Conduct of the Parties to the Marriage – – – – 69 4.3.4 All Other Relevant Circumstances – – – – – 70 4.4 Enforcement of Maintenance Order – – – – – 71