AN OVERVIEW OF MARRIAGE AND DIVORCE UNDER STATUTORY AND ISLAMIC LAWS

Abstract

This research work examines marriage and divorce under statutory and islamic marriage which is known to be a civil contract, usually between persons of the opposite sex which create a legal status from which certain legally enforceable rights and duties arise and when those rights and duties are breached by either or both of the parties, then divorce may set in. This work generally focuses on marriage which is known to be a universal institution which is generally accepted and recognized in most societies around the world and in relation to Nigeria, this research therefore focuses on the statutory and the islamic law marriages. This work also analyzes divorce under the statutory and islamic law as where, both or either parties cannot fulfill their marital rights and obligations, the marriage can be said to have severed, as the marriage contract has been breached and this divorce action can be seen to cause problems to the parties, their children and the society at large. This research therefore recommends that marriage is one of the major pillars of a society thus the rights and legal consequences of marriage under statutory and Islamic law should be upheld and have equal legal status and also divorce should be the last resort of an unsuccessful marriage as it is seen to be the complete severance of the marriage-tie because it terminates the legal status of marriage previously existing between the parties and thereafter neither party has the legal right or owes the legal duty of a spouse and concludes that where the aggregate of families are peaceful and responsible to discharge the civil obligations would be a morally, healthy and responsible nature whereas the nation in which the country obtain is threatened by chaos, discord and degeneracy.

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Resource ID

urn:uuid:e0dbbce4-a0f1-4d16-ac8e-2faf41ea96d2