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

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

 

Table Of Contents


Chapter ONE

1.1 Introduction
1.2 Background of Study
1.3 Problem Statement
1.4 Objective of Study
1.5 Limitation of Study
1.6 Scope of Study
1.7 Significance of Study
1.8 Structure of the Research
1.9 Definition of Terms

Chapter TWO

2.1 Historical Overview of Marital Rights in Islamic Law
2.2 Theoretical Framework of Marital Obligations
2.3 Comparative Analysis of Marital Rights in Different Islamic Jurisdictions
2.4 Gender Perspectives on Marital Rights and Obligations
2.5 Marital Dispute Resolution Mechanisms in Islamic Law
2.6 Socio-cultural Factors Influencing Marital Practices
2.7 Contemporary Debates on Marital Rights in Islamic Law
2.8 Impact of Globalization on Marital Practices
2.9 Legal Reforms and Marital Rights in Islamic Jurisprudence
2.10 Case Studies on Marital Rights and Obligations

Chapter THREE

3.1 Research Design and Methodology
3.2 Data Collection Techniques
3.3 Sampling Methods
3.4 Ethical Considerations
3.5 Data Analysis Procedures
3.6 Research Limitations
3.7 Reliability and Validity of Research Findings
3.8 Comparative Analysis Framework

Chapter FOUR

4.1 Overview of Research Findings
4.2 Analysis of Marital Rights Practices in Northern Nigeria
4.3 Socio-economic Factors Affecting Marital Obligations
4.4 Legal Framework and Enforcement of Marital Rights
4.5 Role of Islamic Scholars in Mediating Marital Disputes
4.6 Gender Dynamics in Marital Relations
4.7 Policy Implications of Research Findings
4.8 Recommendations for Enhancing Marital Rights in Islamic Law

Chapter FIVE

5.1 Summary of Key Findings
5.2 Conclusion and Interpretation of Results
5.3 Implications for Future Research
5.4 Practical Recommendations for Policy and Practice
5.5 Contribution to Knowledge in the Field of Islamic Law and Marital Rights

Project 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.



Project Overview

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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