1.1 Introduction
The right of divorce (Talaq) is vested in the husband by Islamic law to terminate a marriage that fails to achieve its objectives, in order to protect the couples from the possible evil that may result from the failure of marriage. The institution of marriage is the foundation of Muslim society. Islamic law therefore pays considerable attention to the principles guiding the contract of marriage as well as its dissolution. Islamic law vests the right of divorce in the husband through Talaq. Foremost, Islamic law discouraged divorce except in certain circumstances where it is inevitable and instead, the law recommends forbearance, patience, self-restraint and continuation of marital relationship even in the face of disagreement and some sufferings (Kelly and Emery, 2003).
As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitations of the Study and Definition of technical terms.
1.2 Background of Study
Divorce is the dissolution of marital relations; in this process marriage is completely broken down either in social or legal context. The Black Dictionary of law has defined divorce as “the legal separation of husband and wife affected by the judgment of decree of a court and either totally dissolving the married relations or suspending its effect so far as concern the combination of the practices (1994). Divorcees are free to remarry after divorce whereas separation may not allow it.
Right to divorce is nothing and in common senses it is taken easily somewhere in which a couple ends their marital relations and starts to remarry, but it may create some vital problems in the family, like adjusting to new life. Many divorced people remarry in Nigeria, as well as other parts of the world, and about half those who do are already parents. The result is the creation of “blended families”, also called “stepfamilies”. For instance, in 1992, over 11 percent of all American children were living with one biological parent and one stepparent. Estimates are that a fourth of American children will live with a stepparent before reaching the age of sixteen. By the year 2000, it has been estimated that, stepparent is expected to outnumber traditional nuclear families (Cherlin and Furstanberg, 2000).
Marriage is a social and cultural phenomenon and approved social pattern where by two or more persons establish a family. Sexual intercourse between the marital partners and subsumes reciprocal right and obligation between the spouses and their children. Marriage is a key means that enables to make a union between a man and woman, which may situate in different socioeconomic background. However, the forms of marriage are responsible to disruption of marital status and lead to divorce. In the present research 63.0 percent of divorce cases were under the arranged marriage, which may challenge to western divorce trend where, maximum cases of marriage are under love marriage which breakdown easily. Similarly, 37.0 percent of divorce cases are found within love marriage.
Similarly, unequal educational and economic statuses of the spouses were major cause of the divorce under arranged marriage, which has more or less endogamy nature. Similarly, 33.0 percent of male were generally disagreed on the process of their marriage. 7.40 percent married were exogamy, which failed to gain family support. Those marital circumstances have created the situation that supports to breakdown their marital relation. 33.0 percent of husbands and 60.0 percent of wives were at the age of 20 when they get married. This situation of age factor indicates that the divorcee had immaturity to their family life.
Therefore, in Kano State where the research was carried out, the activities that was conducted is to assess the Talaq and Its Consequences in Islamic Law.
1.3 Statement of Problems
The right of divorce is vested in the husband by Islamic law to terminate a marriage that fails to achieve its objectives, in order to protect the couples from the possible evil that may result from the continuation of failed a marriage. The rate of divorce among couples in Nigeria and the world at large is really disturbing and alarming. Current trends suggest that close to two thirds of new marriage will end in divorce. For instance, nearly 32 percent of couples who divorce will do so before their fifth anniversary and about 63 percent before their tenth (Martin and Bumpass 1989 and National Centre for Health Statistics 1993).
It has been observed over the years that children are always at the receiving of marital instability. The wellbeing of children is no longer a priority during marital instability, most children are often affected psychological due to lack to the fact they no longer enjoy and receive affections from their parents. Study has shown that the academic performance of students are mostly affected due to marital instability, most students who are victims of a broken home often lack the privilege of a good education. It has been observed that most children who are involved in crime are often from broken homes. Due to like of proper tutelage and parental guidance, most children are found involved in theft, murder, rape, burglary, robbery, etc. these problems necessitates the need to carry out a study on the Talaq and Its Consequences in Islamic Law.
1.4 Aim and Objectives of Study
The aim of the study is to investigate the Assessment of Talaq and Its Consequences in Islamic Law using Kano State as a case study. In achieving this aim, the following specific objectives were laid out as follows:
- To examine the law of divorce in Islamic law by appraising the works of the classical Jurists on the subject.
- To determine whether or not the practice of divorce in Kano state is in conformity with provision of Islamic law.
- To examine the reasons responsible for the high rate of divorces in Kano state.
- To examine the influence of childlessness on the rate of divorce among couples in the area under study.
- To proffer suggestions to the anomalies noticed in the practice of talaq in Kano state.
1.5 Research Questions
The study came up with research questions so as to be able to ascertain the above stated objectives. The specific research questions for the study are stated below as follows:
- Does the practice of divorce in Kano state conform with provision of Islamic law?
- Does childlessness have influence on the rate of divorce among couples in the area under study?
- What are the reasons responsible for the high rate of divorces in Kano state?
- What are the anomalies noticed in the practice of talaq in Kano state?
- What is the law of divorce in Islamic law impact the works of the classical Jurists on the subject?
1.6 Research Hypothesis
In order to pursue the objective of this study, the following generalized statements have been designed to guide and aids in obtaining the result for the experiment to be conducted. For this work, the null hypothesis will be represented with H0 while the alternative hypothesis will be represented with hypothesis H1.
Hypothesis One
- H0: Talaq in Islamic law does not impact the works of the classical Jurists on the subject in Kano State
- H0: Talaq in Islamic law impact the works of the classical Jurists on the subject in Kano State
Hypothesis Two
- H0: There is no significant factor militating divorce among married couples in the area under study
- H0: There is a significant factor militating divorce among married couples in the area under study
1.7 Significance of the Study
This study is significant to parents because it elucidates the factors responsible for divorce and how the reduce the rate of divorce among married couples. The study is also relevant to the government; the study shows the implication of joblessness on the rate of divorce among newly married couples.
This study will enhance the existing body of literature by contemplating the areas of the literature that have not yet been examined or considered and incorporating these factors into the current study. The study will thus form the basis for further studies in the field.
1.8 Scope of the Study
The scope of this study is restricted to the Assessment of Talaq and Its Consequences in Islamic Law using Kano State as a case study.
1.9 Limitations of the Study
During the course of this study, many things militated against its completion, some of which are:
- Time Constraint: The time frame given to accomplish this project was very short due to school academic calendar and it was carried out under pressure which made the researcher not to implement some necessary features.
- Research material: availability of research material is a major setback to the scope of the study.
- Frequent power failure: This made the researcher append more money on fuel to ensure sustainable power.
- Financial Constraint: Insufficient fund tends to impede the efficiency of the researcher in sourcing for the relevant materials, literature or information and in the process of data collection (internet, questionnaire and interview).
1.10 Definition of Terms
Talaq: Right of divorce
Marriage: Is the legally or formally recognized union of two people as partners in a personal relationship.
Divorce: Is the termination of a marriage or marital union, the canceling or reorganizing of the legal duties and responsibilities of marriage.
Marital Counseling: is concerned with assisting couples to understand where they are so that they may decide on their own volition which way to go.
Responsibilities: these are the taking care of the political, social, physical, mental and economic challenges that occurs in the home to bring about peace and stability.
