Multi Tiered Marriage Contracts In Nigeria And The Need For Reforming Nigerian Family Law
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Author | : Muhammad Kamaldeen Imam-Tamim |
Publisher | : |
Total Pages | : 888 |
Release | : 2015 |
Genre | : Marriage law |
ISBN | : |
The study examines the practice of contracting multi-tiered marriage in Nigeria with a view to identifying the reasons why Nigerians celebrate this type of marriage; the legal problems associated with this kind of marriage; how they could affect the operation of family law in Nigeria and whether there is need to reform the Nigerian family law. The nature of the operation of the different systems of marriage in Nigeria is examined in order to show the distinctiveness of each system of marriage and explains how their rules are being applied in practice. The study identifies and highlights some of the legal problems that arise as a result of the celebration of multi-tiered marriage contract so as to determine whether they warrant the reform of family law in Nigeria. The study adopts a qualitative methodology and employs both doctrinal and non-doctrinal methods of legal research. For the doctrinal method, the study uses a qualitative content analysis by analysing contents of library and online based literature, statutes and case laws. For the non-doctrinal method, the study uses semi-structured interview and participant observation to collect empirical data from targeted participants who are selected through non-probablistic convenience and purposive sampling methods. It is found in the study that there are many lacunas in the operation of the three systems of marriage laws in Nigeria. While the unwritten nature of Islamic and customary laws is identified as a major lacuna, the obsoleteness and legal centric attitude of the Marriage Act 1914 are found as the major lacunas in the Act. Many provisions of the Act are also found to be incongruous with the rules of customary and Islamic laws both of which the people highly regard. It is also found that different social, cultural and legal factors contribute to why Nigerians celebrate multi-tiered marriage contracts. Analysis of judgments and responses from the interviews suggests that the contract of multi-tiered marriage is susceptible to legal problems that could affect the couples, the courts and the state. It is also discovered that the weak model of legal pluralism operates in Nigeria and this equally lures couples into contracting multi-tiered marriage. It is therefore suggested that there is a need for legal reform of Nigerian family law by upgrading the weak pluralism to strong model of legal pluralism. The study also proposes a 'pragmatic approach' for the reform exercise, which includes restatement of customary family law, codification of Islamic family law and amendment of the Marriage Act. The study concludes that if the reforms herein suggested are genuinely implemented, they will improve the family law in the country and thus may significantly reduce the rate of divorce. It will also make Nigeria a beacon of reform for other multi-cultural and multi-legal societies.
Author | : Rev. Matthew C. Iwuji |
Publisher | : Fulton Books, Inc. |
Total Pages | : 137 |
Release | : 2023-06-12 |
Genre | : Family & Relationships |
ISBN | : |
As a lucid, easily readable, and objective legal exposition, Rev. Matthew Iwuji's Marriage Form in Nigeria becomes an important channel for the knowledge of the legal requirements for a valid contract of marriage in Nigeria, and it is a valuable contribution to the development and clarification of Nigerian family law. The author limits his investigations and exclusively furnishes facts on the formalities surrounding the marriage relationship in that country. Prof. Jose Castano Faculty of Law Pont. Lateran University, Rome. ***** Marriage Form in Nigeria, as a classic comparative legal study, provides very useful insight into the most fundamental issue of marriage in Nigeria in an age of intercultural marriages. It is a book for everyone: parents, young people, pastors who seek to establish freedom to marry, and law students and those interested in Nigerian family law. Prof. Guiseppe Damizia Faculty of Law Pont. Lateran University, Rome. *****
Author | : Nwogugu, E.I. |
Publisher | : HEBN Publishers |
Total Pages | : 512 |
Release | : 2014-05-08 |
Genre | : Law |
ISBN | : 9780814256 |
This is the third edition of an established and leading book on family law in Nigeria. Since the last edition in 1990 significant judicial and statutory enactments have taken place in the area of study. The new edition incorporates these changes and explains their implications. The chapters have been comprehensively re-written to reflect the changes in the law and to update all relevant information including the Same Sex Bill and the Nigerian Law Reform Commissions draft Marriage Act. New chapters have been included on domestic violence and widowhood respectively to reflect the continuing developments in Nigerian family law. The new Child's Right Act of 2003 and the similar state legislations have been analysed in the three new chapters. The non-customary law rules in the intestate succession have been extensively recast to reflect the provisions of the Marriage act as contained in the Lawa of the Federation of Nigeria 2004. This edition has devoted considerable attention to the applicable customary laws on the family and provides extensive treatment of Islamic Law Rules and their interpretations and application by the superior court. Familu law in Nigeria presents a fresh view not only on the applicable rules on Nigerian family law but also suggest new directions and underlines the socio-economic implications.
Author | : Andreas Rahmatian |
Publisher | : |
Total Pages | : 316 |
Release | : 1996 |
Genre | : Divorce |
ISBN | : |
Author | : Alfred B. Kasunmu |
Publisher | : |
Total Pages | : 370 |
Release | : 1966 |
Genre | : Customary law |
ISBN | : |
Author | : I. P. Enemo |
Publisher | : |
Total Pages | : 486 |
Release | : 2008 |
Genre | : Domestic relations |
ISBN | : |
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 225 |
Release | : 1993-02-01 |
Genre | : Social Science |
ISBN | : 0309048974 |
This examination of changes in adolescent fertility emphasizes the changing social context within which adolescent childbearing takes place.
Author | : Chukwuma Okoli |
Publisher | : Bloomsbury Publishing |
Total Pages | : 532 |
Release | : 2020-06-11 |
Genre | : Law |
ISBN | : 1509911146 |
This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.
Author | : Carole Rakodi |
Publisher | : Taylor & Francis |
Total Pages | : 322 |
Release | : 2024-02-05 |
Genre | : Religion |
ISBN | : 0429825102 |
This book explores the links between religion, states, social welfare and social change in Sub-Saharan Africa and South Asia. Building on the author’s previous analysis of how religious beliefs, practices and values influence social behaviour and relationships, especially within families, this book focuses on the organisational characteristics of religions and societies. The book considers how Muslim, Christian, Hindu and Buddhist organisations working in different contexts express the religious values of charity and compassion in practical activities to improve social welfare. Drawing on extensive empirical research, the book maps the organisations involved, identifying the factors that explain their choice of activities, sources of funding and modes of organisation, and highlighting similarities and differences between the religious traditions. It considers the involvement of religious actors in school-level education, as well as in international humanitarian relief and reconstruction, and addresses the claim that religious organisations have distinctive features that give them comparative advantages. Finally, the book reviews research on the roles of religious values and organisations in resisting or promoting social change, focusing on women’s movements, especially their campaigns for changes in family law, and the quest for social and legal recognition for sexual and gender minorities. The book’s wide coverage of two subcontinents in the Global South and several important religious traditions will be of interest to researchers and students in the fields of sociology, international development, religious studies, anthropology and area studies, as well as to those engaged in policy and action who are looking to improve their understanding of the complex social, cultural, political and religious contexts in which they work.
Author | : Gunnar J. Weimann |
Publisher | : Amsterdam University Press |
Total Pages | : 205 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9056296558 |
Annotation. In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a few well publicised trials, however, the number and nature of cases tried under Islamic criminal law are little known. Based on a sample of trials, the present thesis discusses the introduction of Islamic criminal law and the evolution of judicial practice within the regions historical, cultural, political and religious context. The introduction of Islamic criminal law was initiated by politicians and supported by Muslim reform groups, but its potential effects were soon mitigated on higher judicial levels and aspects of the law were contained by local administrators. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056296551.