LEGAL AND JURISPRUDENTIAL PERSPECTIVES ON DIVORCE, MAINTENANCE AND CUSTODY UNDER ISLAMIC FAMILY LAW IN NIGERIA

Abstract

ABSTRACT:

This paper explores the legal and jurisprudential dimensions of divorce, maintenance, and custody within the framework of Islamic law as practiced in Nigeria. It critically examines how Islamic family law, derived from the Qur’an, Sunnah, and classical juristic interpretations, is applied within Nigeria’s plural legal system, particularly in states operating Shari’ah courts. The study analyzes Islamic principles as relates to the rights and responsibilities of spouses during and after divorce, including the enforcement of maintenance (nafaqah) and the principles guiding custody (hadanah) of children.  Adopting a doctrinal research methodology, the paper relies on the analysis of primary sources such as the Quran, Hadith, relevant Nigerian statutes, and judicial decisions, as well as secondary sources. The paper contributes to ongoing debates about the efficacy and consistency of Islamic family law adjudication in Nigerian court. The findings reveal that while Islamic family law provides comprehensive guidelines for regulating marital dissolution and the welfare of children, challenges such as inconsistent judicial interpretation, cultural influences, and limited legal awareness sometimes hinder its effective application. The paper therefore recommends greater judicial training in Islamic family jurisprudence, improved public legal awareness on marital rights and obligations, and enhanced harmonization between Islamic legal principles and Nigeria’s constitutional legal frameworks to ensure justice, fairness, and the protection of family welfare.