MAINTENANCE OF WIFE UNDER ISLAMIC LAW: ITS APPLICATION IN THE NORTHERN STATES OF NIGERIA

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MAINTENANCE OF WIFE UNDER ISLAMIC LAW: ITS APPLICATION IN THE NORTHERN STATES OF NIGERIA

Abstract:

The t r e a t i s e seeks to t r e a t the subject of NAFAQAH in Islamic Law and i t s practical application in the Northern States of Nigeria, which by and large, is a Muslim dominated territory. It is because of the practical value of the topic and the misapplication by the subjects of t h i s Law in these s t a t e s that obliged the author to select the topic. By way of an analytical introduction, the topic f a l ls e n t i r e l y under Islamic Family Law (Ahwal-al-Shakhsiyyah) which is the basis of a tranquil mutual existence in a society. And more p a r t i c u l a r l y , Maintenance (Nafaqah) is the core and kernel of a marriage because no marriage can exist without maintenance, hence, the author has confined his writing on maintenance of wife only. Seven chapters, excepting the Introductory chapter have, all in a l l been written. The introductory chapter, as the name suggests, is an eye openerf It introduces the reader to the General Principles of the Shariah vis-a-vis maintenance. It t r e a t s the objectives of selecting the subject. It further introduces the reader to the Geographical, sociological and religious set-up of the Northern S t a t e s . In chapter one, preliminaries before maintenance can accrue have been discussed and these are the legal requirements of marriage under the shariah. Chapter two t r e a t s the Rights and obligations imposed by the shariah on the spouses on their getting married. Such r i g h t s include the Rights of Allah on each of the spouses; the Rights of the husband which are correspondingly the obligations of the wife and the Rights of the wife which are the obligations of the husband. The basis of such rights under the shariah have also been discussed along with them. Chapters three, four and five consider, separately the concept and meaning conditions. Necessaries and quantum grounds of forfeiture of maintenance. Comparison between the a law and the actual practice in each case has been considered. In chapter six, maintenance under non-Islamic Laws in the Northern States has been briefly considered and it is contrasted with the provisions of Islamic Law. And whether Islamic Law is a customary law, as claimed by some Nigerian Statutes has also been looked a t. Chapter seven, the final chapter brings the conclusion and suggestions. There are suggestions as to how to rectify the present anomalies between the law and the practice. Some examples of modifications introduced by some Muslim countries have also been highlighted.

MAINTENANCE OF WIFE UNDER ISLAMIC LAW: ITS APPLICATION IN THE NORTHERN STATES OF NIGERIA

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