Customary Law and Islamic Law Conflict in Marriage Practices in Kwara State: A Case Study of Ilorin Emirate

📖 ABSTRACT/OVERVIEW

In Ilorin Emirate, Kwara State, Islamic legal norms have coexisted with Yoruba customary marriage practices for centuries, creating a legal pluralism in which marriage ceremonies frequently incorporate both Islamic Nikah requirements and customary rites that may contradict Islamic prescriptions. This study examines the areas of conflict between customary and Islamic marriage practices in Ilorin and assesses how courts and community authorities navigate these conflicts. A descriptive methodology is applied, combining analysis of forty family law dispute cases from Kwara State Customary and Sharia courts from 2015 to 2022 with focus group discussions involving twenty community elders, Islamic scholars, and female litigants. The study identifies the most common points of conflict: bride price payment requirements, pre-marriage customary rites, polygamous marriage notification obligations, and the role of the wali under Islamic law versus the broader family council under Yoruba custom. Available literature from North Central Nigerian Muslim communities identifies the persistence of customary practices under Islamic framing as a source of legal uncertainty in marriage dissolution proceedings. The Maliki doctrine of urf (custom) within Islamic jurisprudence provides the analytical framework for evaluating permissible customary incorporation. Findings are expected to reveal significant institutional tolerance of syncretised practices. Recommendations address community legal education on the boundaries between permissible custom and Islamic marital requirements. Keywords: customary law, Islamic marriage, Ilorin Emirate, Kwara State, legal pluralism.

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Departments# Islamic Law