A COMPARATIVE STUDY OF WIFES RIGHT TO MAINTENANCE IN ISLAMIC AND STATUTORY LAWS IN NIGERIA

(A CASE STUDY OF ZARIA AND SABON-GARI COMMUNITIES OF KADUNA STATE)

By

Author

Presented To

Department of Law

ABSTRACT
Majority of men in the society are ignorant of the wife’s right of maintenance in Islamic and statutory laws. HoweverIslam has provided the wife with the right to maintenance as enshrined in the holy Quran and statutory law respectively. But certain factors are militating against the enjoyment of such rights. Husbands do not maintain their wives according to what the holy Quran and statutes stipulate. It was therefore, investigated whether the Muslim and Christian wives are aware of such right as enshrined in the Holy Quran and statutes respectively. Do the husbands allow their wives to freely enjoy these right if they are aware of them? This has been a serious problem for the welfare of the wives in the society and in fact it is infringement of their established right under the shariah and statutory laws. Lack of proper maintenance of a wife may lead to regular disputes between husband and wife and subsequently may lead to a broken home.This research was embarked upon to clarify a lot of misunderstanding among spouses as to the wife’s right to maintenance and will serve as a guide to student who will like to research into similar problems in the near future. It will also serve as an educational material to married women who are ignorant of their conjugal rights. The researcher deemed it necessary to set up parameters for the work for clarity and easy approach. For the purpose of this research, statutory laws applicable in Nigeria are going to be given primary attention.However,where necessary, reference are going to be made to statutory laws applicable in England and under Islamic law, the four Sunni schools will be our guide.It was found that even though it is the husbands responsibility to provide maintenance to his family ,the prevailing economic hardship as indicated by the wife’s in the research area has made them work hard in order to support the family.secoundly,There is cultural infiltration into the Islamic teachings on marriage and this has been allowed to supersede the religion teaching on marriage . It is therefore recommended that more publications on women’s rights should be made available and the husbands must disregard cultural practices and follow the teachings of the holy Quran and sunnah of the Prophet PBUH.