ABSTRACT

The right of divorce (talaq) is vested in the husband by Islamic law to terminate a marriage that fails to achieve its objectives, in order to protect the couples from the possible evil that may result from the failure of marriage. However, in the case of this research, the finding of the writer is that this right of divorce has turned to a tool, for the destruction of family institution as a result of the abuse in its use by some Muslim husbands especially in Kano State. Directorate of societal Reorientation of Kano state in a research conducted about the high rate of divorce in the state in 2008 revealed that out of every two marriages, divorce is recorded. On this note therefore, the statement of the problem of this thesis is that there is high rate of divorce in the society particularly in Kano state which has given rise to negative impact on the society which includes juvenile delinquency, prostitution by young ladies, drug abuse by youth and begging. Thus, the objective of thesis is to identify the reasons for the prevalence of divorce in the society particularly in Kano state and to proffer measures to addressing them. This objective was achieved by examining the rules and regulations guiding the exercise of divorce in Islamic Law in relation to how divorce is effected in Kano State to determine whether or not the practice is in conformity with the provision of Islamic Law and to examine the reasons responsible for the high incidence of divorce in the state. On this basis, interviews were made with relevant government institutions and stakeholders such as Kano State Hisbah Board, the divorcees and Muslim Scholars. The research finally concluded by recommending that the government and other relevant stakeholders should engage in massive enlightment strategies so as to guide the Muslim community on the rules and regulation of talaq and the thesis also recommends provision of sanction where necessary to make people comply with rules on talaq. The sources of information relied upon here, are the Qur‘an, Hadith, judicial authorities and the internet materials.

Chapter One

General Introduction

1.1 Introduction

The institution of marriage is the foundation of Muslim society. Islamic law therefore pays considerable attention to the principles guiding the contract of marriage as well as its dissolution. Islamic law vests the right of divorce in the husband through Talaq. Foremost, Islamic law discouraged divorce except in certain circumstances where it is inevitable and instead, the law recommends forbearance, patience, self-restraint and continuation of marital relationship even in the face of disagreement and some sufferings. The prophet (S.A.W) said that ―of all the permitted things, divorce is the most abominable to God‖1 Even when a husband is not satisfied with his wife, the Quran enjoins forbearance. It says ―And retain them (the wives) kindly. Then if you hate them, it may be that you dislike a thing while God has put abundant good in it‖2 Abu Hurayrah (R.A.) reports the prophet to have said ―let not the faithful man hates the faithful woman; if he dislikes some of her habits, he may like others‖3 In Islamic law, divorce is permitted as a matter of necessity for the avoidance of a greater evil which may result from the continuation of a marriage in order to achieve peace in the family which is the first unit of the society, because peace among members of the family amounts to peace in the society and peace in the society will enhance progressive development. Before divorce is pronounced, Islamic law recommends firstly for an attempt at reconciliation depending on the source of the marital disputes. Thus, if the source of the conflict is on the part of the husband, the law requires the couples to amicably resolve their differences as reconciliation is the best.4 And where the source of the conflict is from the wife, i.e. where she is disobedient to her husband, the law recommends certain disciplinary measures to be taken by the husband against the wife to make her return to obedience 5 and lastly where the source of the dispute is not known whether it is from the husband or the wife, the law recommends that two arbiters one each from the couples‘ families should be appointed to look into the conflict with a view to reconcile the couples,6 Thus if after these attempts at reconciliation, the couples could still not reconcile, the law permits the spouses to part ways. 7

When pronouncing the divorce, the law requires that the pronouncer must have a complete legal capacity to do so8. A person is said to have no legal capacity when he acts under the influence of self induced intoxication or under the Impulse of a momentary provocation or he is under age, or where he is suffering from insanity or he is in a state of sleepiness

1.2 Statement of the Research Problem

The right of divorce is vested in the husband by Islamic law to terminate a marriage that fails to achieve its objectives, in order to protect the couples from the possible evil that may result from the continuation of failed a marriage. However, this right of divorce has turned to a tool, for the destruction of family institution as a result of the abuse in its use by some Muslim husbands especially in Kano State. Directorate of societal Reorientation of Kano state in a research conducted about the high rate of divorce in the state in 2008 revealed that out of every two marriages, divorce is recorded. Another research claims that only about 32% of marriage in Kano survived after a period of three-six months, and one conservative opinion argues that there are more divorces than weddings in Kano state every week, a situation that has turned Kano into a divorce factory 9 This high incidence of divorce in the state has negative consequences on the society as recent finding in the state indicated that it is the disruption in the  family system that leads to number of social problems such as juvenile delinquency, prostitution by young ladies, drug abuse by youth and begging.10 These problems of alarming rate of divorce and its negative impact on the society prompted this research work.

1.3 Aim and Objectives

The aim of this research work is to examine the rules guiding the exercise of divorce in Islamic law in relation to how such divorces are practised in Kano state with a view to achieving the following objectives: a. To examine the law of divorce in Islamic law by appraising the works of the classical Jurists on the subject b. To determine whether or not the practice of divorce in Kano state is in conformity with provision of Islamic law c. To examine the reasons responsible for the high rate of divorces in Kano state d. To proffer suggestions to the anomalies noticed in the practice of talaq in Kano state. 1.4 Scope of the Study The scope of this research work is limited to the concept of talaq and its consequences in Islamic law in relation to its practice in Kano state.

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