A Comparative Study Of Wifes Right To Maintenance In Islamic And Statutory Laws In Nigeria: A Case Study Of Zaria And Sabon-Gari Communities Of Kaduna State

RESEARCH PROJECT TOPIC ON A COMPARATIVE STUDY OF WIFES RIGHT TO MAINTENANCE IN ISLAMIC AND STATUTORY LAWS IN NIGERIA: A CASE STUDY OF ZARIA AND SABON-GARI COMMUNITIES OF KADUNA STATE

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CHAPTER ONE

1.0       GENERAL INTRODUCTION

1.1        Background to the Study

 The Study falls under English and Islamic family law, which is the basis of a tranquil mutual existence in a society. Islamic law is defined as the code of law derived from the Quran and the teachings of Prophet Muhammad SAW^[1] .On the other hand, statutory law is the term used to define written laws, usually enacted by a legislative body^[2] .Statutory laws vary from regulatory or administrative law that are passed by executive agencies, and common law, or the law created by prior court decisions.^[3] Maintenance is the core and kernel of a marriage because no marriage can survive well without maintenance. Therefore, it is the husband‟s legal obligation to maintain his wife during the subsistence of the marriage. This obligation of the husband towards his wife entails her incontestable right to lodging, clothing, feeding and general care. This is so under both Islamic and Statutory laws. Although there are some instances where the two laws

differ.

Under Islamic law, the Arabic word for maintenance is “Nafaqah” which is defined as means of support or sustenance. Legally, it connotes all those things which are necessary to support life, such as food, clothes, healthcare, lodging and general care.^[4] The responsibility for the maintenance of wife is a duty which the husband is enjoined to discharge cheerfully without reproach or injury.^[5]

[1] http://www.thefreedictionary.com/islamiclawaccessed on 18/10/2015

[2] http://www.hg.org/statutory–lawlegalresourcesaccessed on 18/1/2015

[3] ibid

[4] Hammuda. A.A. (1982) The Family Structure in Islam, Islamic Publication Bureau Lagos, Nigeria, pp.148-149

[5] Ibid

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