AN ASSESSMENT OF TALAQ AND ITS CONSEQUENCES IN ISLAMIC LAW: KANO STATE AS A CASE STUDY

TABLE OF CONTENTS

Title page

Abstract

Table of contents

Table of cases

Chapter One

General Introduction

1.1       Introduction

1:2       Statement of the Research Problem

1.3       Aim and Objectives

1.4       Scope of the Study

1.5       Justification

1.6       Methodology

1.7       Literature Review

1.8 Organizational Layouts

Chapter Two

Talaq, its Basis and Conditions

2.1       Introduction

2.2       Definition of Talaq

2.3       Legal Basis of Talaq

2.4       Talaq as a Right of the Husband

2.5       Advantage of Vesting the Power of Divorce on the Husband

2.6       Capacity of the Husband to Pronounce Talaq.

2.7       The Subject matter of Divorce

2.8       Methods or Formulas of Effecting Divorce

2.9       Witnesses in Divorce

2.10     Types of Talaq

Chapter Three

Consequences of Divorce

3.1       Introduction

3.2       Iddah

3.2.1  Advantages and Wisdoms behind Observance of Iddah by A Divorced Wife

3.2.2    Types of Iddah

3.2.3    Maintenance during Iddah

3.3       Custody, Maintenance and Suckling of Children after Divorce

3.3.1  Authorities Why Custody of Children Is Given To the Mother

3.3.2 Qualification of the Custodian

3.3.3 Loss of the Right of Custody

3.3.4 Restoration of the Right of Custody

3.3.5 Wages for Custody

3.3.6 Suckling (Rada’a) after Divorce

3.3.7 Wages for Suckling Mother

Chapter Four

An Assessment of the Practice of Divorce and its Consequences in Kano State

4.1       Introduction

4.2       An Assessment of Law and Practice of Divorce in Kano State

Chapter Five

Summary and Conclusion

5.1       Summary

5.2       Observations

5.3       Recommendations

            Bibliography

            Appendix (A copy of Questionnaire)

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...

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