COMPARATIVE ANALYSIS OF ISLAMIC LAW AND STATUTORY LAW ON MARRIAGE AND DIVORCE IN NIGERIA

Abstract

Marriage and divorce are pivotal institutions in every society, governed by diverse legal frameworks. This study undertakes a comprehensive comparative analysis of Islamic law and statutory law on marriage and divorce, with a focus on the laws and regulations surrounding these institutions in Nigeria. The purpose of this research is to bridge the knowledge gap in the comparative analysis of Islamic and statutory laws on marriage and divorce. Despite the coexistence of these legal frameworks in many jurisdictions, there is a dearth of scholarly research on their comparative analysis. This study aims to contribute to the existing body of knowledge by examining the similarities and differences between Islamic and statutory laws on marriage and divorce, and exploring the implications of these differences for individuals, families, and society at large. This study reveals significant differences between Islamic and statutory laws on marriage and divorce, particularly in areas such as marriageable age, consent, dowry, and grounds for divorce. The study employs a qualitative research methodology, involving a comparative analysis of relevant Islamic and statutory laws, as well as a review of existing scholarly literature on the subject. The study concludes that a deeper understanding of the differences and similarities between Islamic and statutory laws on marriage and divorce is essential for promoting legal pluralism, protecting human rights, and fostering social cohesion in multicultural societies. The study highlights the need for legal reform and policy changes to address the gaps and inconsistencies in the current laws and regulations governing marriage and divorce. The study recommends the development of a more nuanced and context-specific approach to the regulation of marriage and divorce, one that takes into account the diverse legal and cultural traditions that coexist in many jurisdictions. The study also recommends the establishment of mechanisms for dispute resolution and access to justice for individuals who experience marriage and divorce under both Islamic and statutory laws.