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Alternative Dispute Resolution in Family Disputes: An Appraisal of Financial and Property Rights of Muslim Women in Nigeria.
(Jabatan Kehakiman Syariah Malaysia & Ahmad Ibrahim Kulliyah of Laws, Malaysia, 2021) Zubair, Aishat Abdul-Qadir; Kudirat Magaji Owolabi Wopa
In Nigeria, Muslim women hardly enjoy the rights which may avail them in Shari‘ah during the marriage or at divorce. Financial support and property rights are fundamental issues that need to be resolved. Hence, depriving women of their entitlement of these rights often leave them at an economically disadvantaged position. The implication of this situation to the society at large cannot be overemphasised since women build generations in years to come. The current position of the Common law as well as the strict property rights approach of the courts clearly cannot offer justice to women. Hence, there is need for alternative route to access justice. The article aims to examine the aptness of Alternative Dispute Resolution (ADR) mechanisms in family disputes related matters and hindrances to the use of ADR to enforce financial and property rights of women in Nigeria. The article recommends among others the amendment of the Marriage Act, Matrimonial Cause Act and Matrimonial Causes Rule, Court Rules to capture both Islamic and conventional ADR mechanisms and enforcement of its outcome.