Site Logo E-PROJECTTOPICS

A CRITICAL ANALYSIS ON THE IMPACT OF THE CONCEPT OF IJBAR ON THE PRACTICE OF CHILD MARRIAGE UNDER ISLAMIC LAW


📝


Presented To


Law Department

📄 Pages: 90       🧠 Words: 10920       📚 Chapters: 5 🗂️️ For: PROJECT

👁️‍🗨️️️ Views: 118      

⬇️ Download (Complete Report) Now!

ABSTRACT
This study critically analyzes the impact of the concept of ijbar on the practice of child marriage under Islamic law. While child marriage is widely criticized by the feminists on the basis of human rights, its practice is nevertheless defended on the basis of Islamic law and culture. This is because, ijbar is a concept related to marriage guardianship (wilayat-un-nikah) and it connotes the power entrusted upon parents/guardians to marry off his ward in order to secure the protection of his/her welfare and in instances where it becomes apparent that the parent/guardian acted wrongly or in defiance of the rationale of ijbar, certain safeguards were instituted to cope with the situation. This involves the exercise of the option of puberty (khiyar-ul-bulugh) under which the marriage would be annulled. Prompted by the raging debate and desire for the urgent need to reform Islamic family law whereby a drastic curtailment or even the abolition the concept of ijbar vis-à-vis the practice of child marriage is advocated by the West globally, the main objectives of this research work therefore, is an attempt to critically analyze the contemporary debates for and against child marriage in Islamic law. It is argued that, while puberty marks the legal criteria of Islamic adulthood and in the absence of fixed marriageable age in addition to the exercise of coercive marriage guardianship, the practice of Islamic child marriage goes to secure the welfare of minors and the protection of their best interest in life and in view of this, it was observed that to prohibit or even restrict Islamic child marriage and the exercise of the role of coercive guardianship, is to call for disruption of the moral foundation behind the Islamic institution of the family and at the same time aggressively enforcing western secular family values that delays marriage while paying the least concern on premarital sexual indulgence among teenagers. Further still, it has been argued that the current move by the international community for the curtailment of ijbar and the abolition of child marriage together with recent reforms directed towards these ends in the Muslim world is nothing but motivated by the western conspiracy against population growth in third world countries, more particularly in the Muslim world. Therefore, the study concludes with the firm recommendation that the Islamic concept of ijbar vis-à-vis the practice of child marriage by Muslims should be accordingly maintained and that as a matter of human right, Muslims must be allowed sufficient freedom to practice the tenets of their Islamic personal law, in particular, to have recourse to the practice of child marriage where they deems so.

PLEASE NOTE

This material is a comprehensive and well-written project, structured into Chapter (1 to 5) for clarity and depth.


To access the full material click the download button below


OR


Contact our support team via Call/WhatsApp: 09019904113 for further inquiries.

Thank you for choosing us!

📄 Pages: 90       🧠 Words: 10920       📚 Chapters: 5 🗂️️ For: PROJECT

👁️‍🗨️️️ Views: 118      

⬇️ Download (Complete Report) Now!

🔗 Related Topics

AN ASSESSMENT OF TALAQ AND ITS CONSEQUENCES IN ISLAMIC LAW Malicious prosecution under the Nigerian law CRITICALLY ANALYSIS OF CORROBORATION UNDER THE NIGERIAN LAW OF EVIDENCE AN APPRAISAL OF THE CONCEPT AND PRACTICE OF ECONOMIC INTEGRATION UNDER INTERNATIONAL LAW IRREGULARITIES IN THE CRIMINAL PROCEDURE CODE OF NORTHERN STATES OF NIGERIA: A CRITICAL APPRAISAL AN APPRAISAL OF THE LAW AND PRACTICE OF CORPORATE GOVERNANCE IN THE NIGERIAN BANKING SECTOR A STUDY OF CUSTOMARY LAND LAW AND TENURE PRACTICES OF SIX COMMUNITIES OF THE LOWER BENUE RIVER VALLEY OF NIGERIA A CRITIQUE OF THE SEPARATION OF OWNERSHIP AND CONTROL OF COMPANIES UNDER COMPANIES AND ALLIED MATTERS ACT 2004 A LEGAL AND JURISPRUDENTIAL ANALYSIS OF HOMOSEXUALITY AND SAME SEX MARRIAGES: SUPPORTING THE NIGERIAN POSITIION APPRAISAL OF TRESSPASS AS A TORTIOUS ACTION UNDER THE LAW OF TORT IMPACT OF THE JUDICIAL INTERPRETATION OF REPUGNANCY DOCTRINE ON THE CUSTOMARY LAWS AND CUSTOMARY PRACTICES IN NIGERIA ANALYSIS OF THE LEGAL FRAMEWORK FOR THE REGULATION OF TOURISM AND HOSPITALITY INDUSTRY IN NIGERIA AN ANALYSIS OF THE EFFICACY OF FISCAL LAWS RELATING TO PETROLEUM OPERATIONS IN NIGERIA AN APPRAISAL OF WOMEN'S RIGHT TO PROPERTY UNDER CUSTOMARY LAW CRITICAL ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR ISLAMIC BANKING IN NIGERIA AN ANALYSIS OF DELAY IN ENFORCEMENT OF CONTRACTUAL JUDGMENTS AS IMPEDIMENT TO FOREIGN DIRECT INVESTMENTS (FDI) IN NIGERIA SUCCESSION TO RIGHTS IN LAND UNDER IGALA CUSTOMARY LAW OF KOGI STATE TRUST PROPERTY: A LEGAL LINK BETWEEN TRUST PROPERTY AND TRUSTEE UNDER THE NIGERIAN LEGAL SYSTEM AN ASSESSMENT OF THE EFFECTIVENESS OF THE LEGAL FRAMEWORK ON INTERNET FRAUD IN NIGERIA: A COMPARATIVE ANALYSIS BETWEEN NIGERIA AND CANADA A CRITIQUE OF THE ROLE OF THE UNITED NATIONS SECURITY COUNCIL IN PROMOTING PEACE AND SECURITY UNDER INTERNATIONAL LAW

click on whatsapp