Alternative Dispute Resolution in Family Disputes: An Appraisal of Financial and Property Rights of Muslim Women in Nigeria.
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Date
2021
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Jabatan Kehakiman Syariah Malaysia & Ahmad Ibrahim Kulliyah of Laws, Malaysia
Abstract
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.
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Citation
(11) Aishat Abdul-Qadir Zubair & Kudirat Magaji Owolabi Wopa, (2021) Alternative Dispute Resolution in Family Disputes: An Appraisal of Financial and Property Rights of Muslim Women in Nigeria. In Contemporary Issues in Islamic Family Law, Property And Finance: Towards Achieving Maqasid Al-Shari’a. Azizah Mohd et.al; (Eds.), pp. 213-234 Published by Jabatan Kehakiman Syariah Malaysia & Ahmad Ibrahim Kulliyah of Laws, Malaysia.