Divorce Procedures Under Islamic Law in Niger State: An Assessment of Talaq and Khul’ Practices

📖 ABSTRACT/OVERVIEW

Islamic law provides multiple mechanisms for marriage dissolution including Talaq (husband-initiated divorce), Khul' (wife-initiated dissolution for compensation), and judicial Faskh (annulment), each with distinct procedural and evidentiary requirements that reflect the asymmetric yet balanced nature of Islamic marital jurisprudence. In Niger State's predominantly Muslim communities, the practical application of these divorce mechanisms warrants systematic examination. This study assesses the procedural compliance and sociolegal dynamics of Talaq and Khul' practices in Niger State's Area and Customary courts. A descriptive case study methodology is applied to forty-two divorce case files from courts in Minna and Bida alongside focus group discussions with twenty-five divorced women and fifteen male practitioners. The study examines the doctrinal requirements for valid Talaq pronunciation, the procedural rights of wives in Khul' negotiations, the court's supervisory role in ensuring procedural fairness, and post-divorce obligations including Iddah observance and deferred mahr payment. Existing scholarship from North Central Nigeria identifies informal community divorce practices that bypass formal judicial processes as creating significant legal uncertainty. The Maliki-Hanbali comparative doctrine on irrevocable and revocable divorce provides the analytical standard. Findings are expected to reveal high rates of informal divorce with inadequate documentation. Recommendations address standardised divorce registration, Khul' negotiation mediation services, and judicial education on protecting women's procedural rights. Keywords: divorce, Talaq, Khul', Niger State, Islamic family law.

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Departments# Islamic Law