Islamic Law of Marriage (Nikah) and Conditions Validity in Kebbi State Sharia Courts

📖 ABSTRACT/OVERVIEW

The Islamic marriage contract (Nikah) requires fulfilment of specific legal conditions including offer and acceptance, mahr (dower), the presence of qualified witnesses, and the wali (guardian) for the bride, and the validity of marriage in Muslim communities depends on strict compliance with these requirements. This study examines the conditions for valid Nikah under Maliki-influenced Sharia law and evaluates how these conditions are tested in dispute proceedings before Kebbi State Sharia courts. A doctrinal and case-study methodology is adopted, reviewing twenty court files involving disputed marriages, nullification applications, and mahr enforcement cases from Kebbi State Sharia courts between 2015 and 2022. Structured interviews with ten Sharia judges supplement the documentary analysis. The study investigates the evidentiary requirements for proving Nikah validity, the role of the wali in different judicial interpretations, and the treatment of customary practices that deviate from formal Islamic requirements. Available scholarship on marriage law in North West Nigeria identifies inadequate documentation of Nikah terms and failure to register marriages as sources of protracted litigation. The Maliki and Hanafi comparative doctrines on Nikah conditions provide the analytical framework. Findings are expected to reveal inconsistencies in judicial standards for Nikah validity across court levels. Recommendations address standardised Nikah documentation forms, mandatory court registration of all Islamic marriages in Kebbi State, and Qadi awareness training on comparative Nikah jurisprudence. Keywords: Nikah, Islamic marriage, Kebbi State, Sharia courts, marriage validity.

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Departments# Islamic Law