Repositioning As-Sulh for Effective Resolution of Matrimonial Disputes among Muslims in Ilorin: Empirical Findings and Policy Implications

Abstract

In Islamic law, marriage (nikāh) is not only a sacred covenant but also a legally binding contract that regulates the rights and responsibilities of both spouses. However, while the marital relationship is ideally designed to be harmonious, emotionally fulfilling, and enduring, it is, nonetheless, susceptible to disagreements, disputes, and eventual breakdown especially when conflicts are poorly managed. Within the Ilorin metropolis, a city renowned for its Islamic heritage and scholarship, marriage is not merely a social obligation but a reflection of deep-seated religious and cultural values. Despite the revered status of marriage, disputes between couples have become increasingly common. Rising incidences of divorce, separation, single-parenthood, and domestic conflict have contributed to the fragmentation of family units, with far-reaching social consequences for children, vulnerable spouses, and the broader community. The paper aims to advocate for Sulh for the effective resolution of matrimonial disputes among Muslims in Ilorin. The paper adopts mixed research methods (doctrinal and non-doctrinal methods). Based on the data gathered from the field study, the paper finds that Sulh lacks both recognition and awareness among the Muslims in Ilorin. The paper finds further that challenges hindering effective application and enforcement of Sulh among Muslim couples in Nigeria include lack of legal and institutional framework, limited awareness and knowledge of Sulh among Muslim couples, inadequate institutional capacity and trained mediators, etc. The paper recommends legislative, judicial, institutional and community-based reforms to reposition Sulh for effective management of marital disputes in Ilorin.