Certification of Islamic Marriages in Nigeria: Realities, Challenges, and Solutions

Date

2019-06-10

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Volume Title

Publisher

Department of Public and International Law, Nasarawa State University, Keffi.

Abstract

The Nigerian Constitution guarantees the rights to have a family life, and freedom of religion. To this end, it recognizes three forms of marriage, namely customary marriage, Islamic marriage, and statutory marriage. While statutory marriage is required to be registered by law, there is no law necessitating the registration of customary or Islamic marriages. Yet in recent limes, statutory marriage has gained popularity amongst Nigerians regardless of cultural or religious affiliations. This development is linked to modernization, the requirement to prove marriage for official transactions, and a perceived protection that documentation from the inarriage registry offers against sociolegal challenges such as guardianship of children, increase in interfaith znarriages, immigration, protection against arbitrary divorce, etc. Thus, it is now common to find couples who may have contracted customary or Islamic marriage combining it zuith statutory marriage thereby giving rise to a multi-tiered or double-decker marriage zuhich. seems to have emerged as a fourth type of marriage in Nigeria. Drawing on current literature and empirical research using qualitative methods, this study examines the systems of marriage in Nigeria zuhile placing the spotlight on Islamic marriages that are accompanied by statutory marriage. The pattern of marriage registration among the Muslim community is investigated in order to understand its possible link zuith the grozuing popularity of multi-tiered marriage among Muslims in Nigeria. The study then reflects on the legal implication by probing potential conflict situations between certain provisions of the Marriage Act and basic ideals of Islamic lazu. It concludes

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Citation

Aliyu, H.D. (2019) RATIO DECIDENDI AND JUDICIAL PRECEDENT

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