CUSTODY OF CHILDREN UNDER ISLAMIC LAW: AN EVALUATION OF THE ISSUES AND TRENDS IN NORTHERN NIGERIA

ABSTRACT This study focused children and its consequences under Islamic law in the northern Nigeria. It aimed at examining the family structure in northern Nigeria. The specific objectives were: (a) the examination of the child as the most vulnerable members of the society, lacking the physical, emotional and mental maturity required to face life, their need of special safeguards, care, maintenance and protection, (b) abused, maltreatment and neglect of the child which stunt it psychologically and physically, and removed its confidence °f facing life, (c) The study will identify and analysed various factors that are responsible for the violation of the rights to custody in northern Nigeria and will thoroughly evaluate the harmful customary practices. It is within this context that the effect of family breakdown on the people of northern Nigeria is examined and the study finally will restate the extent of the rights to custody. Doctrinal method of legal research was adopted for this research design and methodology, while the combinations of analytical, historical, comparative and descriptive research methodology were implored for the analysis and presentation of the final report of this study. The main sources of information and data collection for this study were the Qur’an, Sunnah, Qiyas, Ijma, ijtihaad, various legal documents and materials which were critically examine, reviewed and analysed as contained in Chapter Five of this study. For our summary of findings, our critical analysis and review of information « obtained for this study reveal that (a) there are several provisions of the Islamic laws spelled!out and protect the right of the children to custody and make provisions as to who should be entitled to custody in event of divorce (b) The Qur ’an, Sunnah, Qiyas, Ijma, ijtihaad are the laws that regulate family relationship, custody inclusive, (c) Judicial decisions are considered and thoroughly analysed, though, a wide gap exist between the community and the law because of illiteracy and the cost of litigation (d) It was established that the violation and abuse of the right to custody of children were caused by several factors, including the customs, widespread poverty and ignorance that undermine the parties ’ ability to seek redress in court, tolerance of such violation by the community and preference to men as against women. Based on our findings, some recommendations are made as follows: (i) fear of Allaah and proper knowledge of the Qur’an and Sunnah (ii) a need for a strict adherence to Qur’an and Sunnah (Hi) re-orientation of the community on the children custody rights through awareness programs and symposiums (iv) a need for more judges who are learned in Islamic law, (iii) strict application of the Islamic law principles in all cases. evaluating the trend on of issues of abuse of right to custody of I xm