Legal Pluralism and Family Law in Northern Nigeria: Navigating Sharia, Customary, and Statutory Frameworks

📖 ABSTRACT/OVERVIEW

Family law in Northern Nigeria operates within a complex legal pluralist environment in which Islamic personal law, ethnic customary law, and federal statutory provisions interact in ways that frequently produce uncertainty, inconsistency, and injustice for affected parties, particularly women and children. This research analyses the dynamics of legal pluralism in family law adjudication across four Northern states, Kano, Sokoto, Borno, and Niger, examining how courts navigate jurisdictional overlap and normative conflicts in marriage, divorce, custody, and inheritance proceedings. A qualitative empirical methodology was employed, drawing on systematic review of Sharia Court of Appeal and High Court judgments from 2018 to 2024, complemented by interviews with Sharia judges, customary court presidents, family law practitioners, and women's legal rights advocates. Secondary sources include comparative legal pluralism scholarship, CEDAW committee reports on Nigeria, and Islamic family law academic literature. The study develops an original typology of judicial strategies employed in managing legal pluralist conflicts in Northern Nigerian family law, including avoidance, harmonisation, and hierarchical resolution approaches. Findings reveal that the outcomes of legal pluralist adjudication systematically disadvantage women through inconsistent application of constitutional equality guarantees. The research contributes original analytical value to the legal pluralism literature in sub-Saharan Africa and proposes a framework for principled judicial navigation of pluralist family law conflicts. Keywords: legal pluralism, family law, Sharia law, Northern Nigeria, customary law.

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Departments# Law