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

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Author

Presented To

Department of Law

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.