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. | Blazingprojects Postgraduate Thesis
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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.

 

Table Of 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

INTRODUCTION

  • GENERAL INTRODUCTION
  • 1.1Background to the Study – – – – – – 1
  • 1.2Statement of the Problem – – – – – – 3
  • 1.3Aims and Objectives – – – – – – – 4
  • 1.4Justification – – – – – – – – 4
  • 1.5Research Methodology – – – – – – 4
  • 1.6Literature Review – – – – – – – 5
  • 1.7Scope of the Research – – – – – – – 9
  • 1.8Organisational Layout – – – – – – – 10 2.0

Chapter TWO

LITERATURE REVIEW

  • MARRIAGE UNDER ISLAMIC AND STATUTORY LAWS
  • 2.1Introduction – – – – – – – – 12
  • 2.2The Purpose of Marriage under Islamic Law – – – – 14
  • 2.3Requirement of a Valid Islamic Law Marriage – – – 15 2.
  • 3.1Proposal – – – – – – – – 15 2.
  • 3.2Offer (Ijab) and Acceptance (Qabul) – – – – – 17 2.
  • 3.3Marriage Guardian (Waliyatun Nikkah) – – – – 18 2.
  • 3.4Dowry (Sadaq) – – – – – – 22 2.
  • 3.5Witnesses – – – – – – – – 25
  • 2.4The Purpose of Marriage under Statutory Law – – – 27
  • 2.5Requirement of a Valid Statutory Marriage – – – – 28 2.
  • 5.1Marriageable Age – – – – – – – 28 2.
  • 5.2Consent of the Parents – – – – – – 29 2.
  • 5.3Prohibited Degree – – – – – – – 30 2.
  • 5.4Prior Customary or Statutory Marriage – – – – 31 2.
  • 5.5Consent of Parties – – – – – – – 32 3.0

Chapter THREE

RESEARCH METHODOLOGY

  • MAINTENANCE OF WIFE UNDER ISLAMIC LAWS
  • 3.1Introduction – – – – – – – – 33
  • 3.2Basis of Maintenance of Wife under Islamic Law – – – 34
  • 3.3Scale of Maintenance of Wife under Islamic Law – – – 36
  • 3.4Components of Maintenance – – – – – 38 3.
  • 4.1Feeding – – – – – – – – 38 3.
  • 4.2Clothing – – – – – – – – 38 3.
  • 4.3Lodging. – – – – – – – – 38 3.
  • 4.4Medication or Medical Treatment – – – – – 39 3.
  • 4.5Domestic Services – – – – – – – 39
  • 3.5Maintenance when Due – – – – – – 41 3.
  • 5.1Immediately after Contract – – – – – – 42 3.
  • 5.2After Consummation – – – – – – – 43 3.5.
  • 2.1Marriage Must be Valid and Subsisting – – – – 43 3.5.
  • 2.2Marriage Must be Consummated – – – – – 43 3.5.
  • 2.3Wife Must be Capable of Sexual Intercourse – – – – 43 3.5.
  • 2.4Wife Must be Accessible for Conjugal Relations – – – 45
  • 3.6Maintenance of wife under special circumstance – – – 49 3.
  • 6.1Maintenance Where the Wife is a Worker – – – – 49 3.
  • 6.2Maintenance during Iddah (Waiting Period) – – – – 51 3.
  • 6.3Maintenance during Sickness of Wife – – – – 55 3.
  • 6.4Maintenance During Absence of the Husband – – – 56 3.
  • 6.5Maintenance of a Wife when the Husband has no Means of Livelihood (poverty) – – – – – – – – – – 57
  • 3.7Withholding Maintenance – – – – – – 59 3.
  • 7.1Recalcitrance (Disobedience) – – – – – – 59 4.0

Chapter FOUR

DATA PRESENTATION AND ANALYSIS

  • MAINTENANCE OF WIFE UNDER STATUTORY LAW
  • 4.1Introduction – – – – – – 61
  • 4.2Basis of Maintenance of Wife under Statutory Law – – – 64
  • 4.3Criteria for Consideration of Award of Maintenance of Wife under Statutory Laws – – – – – – – – – – 66 4.
  • 3.1Means of the Parties – – – – – – – 66 4.
  • 3.2Earning Capacity of the Parties – – – – – 67 4.
  • 3.3Conduct of the Parties to the Marriage – – – – 69 4.
  • 3.4All Other Relevant Circumstances – – – – – 70
  • 4.4Enforcement of Maintenance Order – – – – – 71

Thesis 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.

Thesis Overview

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