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.

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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.

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. secondly,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.

CONTENTS
Title Page – – – – – – – – – i
Dedication – – – – – – – – – ii
Certification – – – – – – – – – iii
Dedication – – – – – – – – – iv
Acknowledgment – – – – – – – – v
Abstract – – – – – – – – – vii
Table of Cases – – – – – – – – – viii
List of Statutes and Laws – – – – – – – ix
Glossary – – – – – – – – – xi
Abbreviation – – – – – – – – – xii
Contents – – – – – – – – – xiii
1.0 CHAPTER ONE: GENERAL INTRODUCTION
1.1 Background to the Study – – – – – – 1
1.2 Statement of the Problem – – – – – – 3
1.3 Aims and Objectives – – – – – – – 4
1.4 Justification – – – – – – – – 4
1.5 Research Methodology – – – – – – 4
1.6 Literature Review – – – – – – – 5
1.7 Scope of the Research – – – – – – – 9
1.8 Organisational Layout – – – – – – – 10
2.0 CHAPTER TWO: MARRIAGE UNDER ISLAMIC AND STATUTORY LAWS
2.1 Introduction – – – – – – – – 12
2.2 The Purpose of Marriage under Islamic Law – – – – 14
2.3 Requirement of a Valid Islamic Law Marriage – – – 15
2.3.1 Proposal – – – – – – – – 15
2.3.2 Offer (Ijab) and Acceptance (Qabul) – – – – – 17
2.3.3 Marriage Guardian (Waliyatun Nikkah) – – – – 18
2.3.4 Dowry (Sadaq) – – – – – – 22
2.3.5 Witnesses – – – – – – – – 25
2.4 The Purpose of Marriage under Statutory Law – – – 27
2.5 Requirement of a Valid Statutory Marriage – – – – 28
2.5.1 Marriageable Age – – – – – – – 28
2.5.2 Consent of the Parents – – – – – – 29
2.5.3 Prohibited Degree – – – – – – – 30
2.5.4 Prior Customary or Statutory Marriage – – – – 31
2.5.5 Consent of Parties – – – – – – – 32
3.0 CHAPTER THREE: MAINTENANCE OF WIFE UNDER ISLAMIC LAWS
3.1 Introduction – – – – – – – – 33
3.2 Basis of Maintenance of Wife under Islamic Law – – – 34
3.3 Scale of Maintenance of Wife under Islamic Law – – – 36
3.4 Components of Maintenance – – – – – 38
3.4.1 Feeding – – – – – – – – 38
3.4.2 Clothing – – – – – – – – 38
3.4.3 Lodging. – – – – – – – – 38
3.4.4 Medication or Medical Treatment – – – – – 39
3.4.5 Domestic Services – – – – – – – 39
3.5 Maintenance when Due – – – – – – 41
3.5.1 Immediately after Contract – – – – – – 42
3.5.2 After Consummation – – – – – – – 43
3.5.2.1 Marriage Must be Valid and Subsisting – – – – 43
3.5.2.2 Marriage Must be Consummated – – – – – 43
3.5.2.3 Wife Must be Capable of Sexual Intercourse – – – – 43
3.5.2.4 Wife Must be Accessible for Conjugal Relations – – – 45
3.6 Maintenance of wife under special circumstance – – – 49
3.6.1 Maintenance Where the Wife is a Worker – – – – 49
3.6.2 Maintenance during Iddah (Waiting Period) – – – – 51
3.6.3 Maintenance during Sickness of Wife – – – – 55
3.6.4 Maintenance During Absence of the Husband – – – 56
3.6.5 Maintenance of a Wife when the Husband has no Means of Livelihood (poverty)
– – – – – – – – – – 57
3.7 Withholding Maintenance – – – – – – 59
3.7.1 Recalcitrance (Disobedience) – – – – – – 59
4.0 CHAPTER FOUR: MAINTENANCE OF WIFE UNDER STATUTORY LAW
4.1 Introduction – – – – – – 61
4.2 Basis of Maintenance of Wife under Statutory Law – – – 64
4.3 Criteria for Consideration of Award of Maintenance of Wife under Statutory Laws – – – – – – – – – – 66
4.3.1 Means of the Parties – – – – – – – 66
4.3.2 Earning Capacity of the Parties – – – – – 67
4.3.3 Conduct of the Parties to the Marriage – – – – 69
4.3.4 All Other Relevant Circumstances – – – – – 70
4.4 Enforcement of Maintenance Order – – – – – 71

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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.

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