Analysis of Misconception of Nature of Dissolution of Nikāḥ at the Instance of Wife under Islamic Family Law
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Date
2021
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Kwasu Law Journal (KWASULJ)
Abstract
Apart from death, wedlock (nikāḥ) may come to an end through separation which also takes different methods under Islamic family law such as separation by way of consent between the parties (khulʻu) otherwise known as “dissolution of marriage at instance of the wife”. However, reading through some court decisions, it is observed that true nature of khulʻu is misconceived. Identifying nature of khulʻu therefore becomes significantly momentous as it guides the courts, legal practitioners, lecturers, students of law as well as other stakeholders in drawing legal opinion or decision. The paper reviewed opinions of major schools of fiqh as well as judicial decisions on the subject matter of study. The research consulted Qur’ān, Sunnah, fiqh manuals, tafsīr books and academic literature. Research findings revealed that, confusion within Muslims occurs in the mix-up of true nature of khulʻu. The recommended that experts in Islamic family law review opinions of the jurists on the subject
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Analysis of Misconception of Nature of Dissolution of Nikāḥ at the Instance of Wife under Islamic Family Law, Kwasu Law Journal (KWASULJ), vol. 2, no. 1, 2021