EMPIRICAL ANALYSIS OF ISLAMIC DISPUTE RESOLUTION SYSTEM IN SOLVING MARITAL DISPUTES IN OSUN STATE, NIGERIA
DOI:
https://doi.org/10.53704/0yytxx12Keywords:
Marital Dispute, Islamic Dispute Resolution System, ADR, Osun StateAbstract
Dispute and conflict are though not desired, part of human existence, the very co-existence of man is a factor for the existence of dispute. The dispute phenomenon is more likely where persons of different ideology, background and orientation desired to live as conjugal partners bounded by marriage. The aforementioned factors will definitely create conflict of interest, life view and ultimately cause dispute. Despite the inevitability of a dispute situation in marital life, the objective of every society and legal system is to ensure continuous cordiality, bliss and happiness between couples. This assertion is more true of Islamic law. Thus, various legal systems have put mechanisms in place to resolve marital disputes. Islamic law recommends and places emphasizes on ADR over litigation in solving marital disputes, the law regards litigation as a last resort option. In Nigeria, the northern region has generally taken the front in the application of Islamic law including marital dispute resolution. The western region including Osun state is still up-coming in this regard. The retarding situation is due to factors such as colonial history amongst others. However, Osun state has seized the opportunity of its significant Muslim population to explore Islamic marital dispute resolution mechanisms. This paper adopted empirical methodology to examine the operation of the dispute resolution mechanisms especially the ADR options, their effectiveness in solving marital disputes in the state as well uncover the challenges facing the system.
References
R Ansel, Dispute Resolution in Contemporary Legal Systems: A Comparative Analysis. ( Cambridge University Press, 2021) 11-13.
MH Kamali, Shari’ah Law: An Introduction. (Oneworld Publicationns, 2008)14.
K Abdur Rahman and R Shirin Asa ‘ADR under Islamic Law: An Overview’ (2021) 4 (1) Bangladesh University Journal, 25-33.
DS El-Alami, The Marriage Contract in Islamic Law in the Shari’ah and Personal Status Laws of Egypt and Morocco. ( London Press, 1992) 10-11
N J Coulson, A History of Islamic Law Edinburgh. ( Edinburgh University Press,1964)75.
F Rahman and M Haroon ’Islamic Law and Alternative Dispute Resolution Mechanism with Special Reference to Matrimonial Disputes’ (2020) 6 (1) Indian Journal of Law and Human Behavior, 9-14.
R Shittu and O H Mayowa ‘Sulh as Alternative Dispute Resolution Mechanism for Marital Conflicts among Muslims in Ilorin, Nigeria’ (2019) 8(2) Journal of Management and Social Sciences, 624-637.
A Ossai ‘The Impact of Colonialism on Religious Dynamics: Understanding how Colonial History has Shaped Religious Tensions and Conflict in Nigeria’ (2023) 6 (4 )International Journal of Management, Social Sciences, Peace and Conflict Studies (IJMSSPCS), 181-196.
A A Daibu and L A Abdulrauf ‘Challenges of the Practice of Customary Arbitration in Nigeria’ (2014) 12 Nigerian Judicial Review, 103-124.
B A Garner Black's Law Dictionary (9 edn, Thomson Reuters USA, 2019) 540
F D Fincham and S R H Beach, ‘Marital Conflict: Implications for Relationship Quality’ (1999) 4(2) Psychological Science in the Public Interest, 42-57.
T N Bradbury and B R Karney Intimate Relationships and Conflicts (Cambridge University Press, 1993) 45
J Gottman and N Silver the Seven Principles for Making Marriage Work (Crown Publishing, 1999) 72
LA Kurdek, Predictors of Marital Satisfaction (Lawrence Erlbaum Associates, 1994) 56
S. Coontz, ‘Marriage, A History: How Love Conquered Marriage.’ (Viking Penguin 2005) 118
K Marx and F Engels, The Communist Manifesto. (London: Pluto Press, 2007)97
RO Blood and D M Wolfe ‘Husbands and Wives: The Dynamics of Married Living.’ (The Free Press.1960) 98
JM Gottman The Seven Principles for Making Marriage Work(New York, Crown Publishers 1999)40-78.
JM Gottman, the marriage clinic: A scientifically based marital therapy. (New York: Norton & Company 1999)14-50.
A J Cherlin, ‘The Marriage-Go-Round: The State of Marriage and the Family in America Today’. (knopf Doubleday Publishing group, 2010) 26
A. Giddens, ‘The Transformation of Intimacy: Sexuality, Love and Eroticism in Modern Societies.’ (Polity Press.1992) 87
PA Cowan and C P Cowan, When Partners Become Parents: The Big Life Change for Couples (Lawrence Erlbaum Associates, 2000)
S Coontz, ‘Marriage, a History: How Love Conquered Marriage.’ (New York: Viking Penguin. 2005).50-69
P Schwartz, ‘Love Between Equals: How Peer Marriage Really Works’. (Free Press.1994) 134
Islams women Jewels of Islam, Nushuuz, <https://www.islamswomen.com/marriage/fiqhofmarriage>, accessed December, 2024.
Ahmad bn Abee bakr Al-Qurtubi, Al-Jami’u Li Ahkam Al-Qur’an (Cairo Egypt, Muasasatu Al-Risalah, 2006, Vol. 1)
Salim ibn Ghaanim,Nushuuz, (Al Basheer company for publications and translations,1996)17-18
M A ibn Qudamah, ‘Al-Mughni’ (Beirut: Dar al-Kutub al-Ilmiyyahm, 2004)6
A Al-Mawardi, ‘Al-Ahkam as-Sultaniyyah.’ (Beirut: Dar al-Kutub al-Ilmiyyah,1996)
S Coontz, ‘Marriage, a History: How Love Conquered Marriage’. (Article 80 of the Compilation of Islamic Law 2006)15-30.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Mohd Jamiu Ayinla-Edun, Suliyat Damilola Adebayo, Mamudat Ifeoluwa Olohungbebe
This work is licensed under a Creative Commons Attribution 4.0 International License.
