Impact of globalisation on domestic family law: multi-tiered marriage in Nigeria as a case study

Imam-Tamim, Mohd Kamal and Mohd Zin, Najibah and Ibrahim, Norliah and Che Soh @ Yusoff, Roslina (2016) Impact of globalisation on domestic family law: multi-tiered marriage in Nigeria as a case study. The Journal of Legal Pluralism and Unofficial Law, 48 (2). pp. 256-272. ISSN 0732-9113 E-ISSN 2305-9931

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Abstract

The concept of globalisation is commonly discussed as an issue in international law. However, little attention is paid to its influence in domestic family law. As a result of the growing trend of globalisation, legal and cultural norms of the host culture and the foreign culture are fused, thereby, leading to cultural homogenisation or cultural hybridisation, depending on the level of accommodation of the foreign norm by the host norm. One of the areas where hybridisation or homogenisation of cultural and legal norms manifests, especially in African countries including Nigeria, is in the marriage system, particularly in the conclusion of marriage contracts. In Nigeria, one of the impacts of cultural hybridisation is the evolvement of multi-tiered marriage, where a couple combines marriages under the statute law, customary law and religious law, especially Islamic law. This paper is an exploratory study of how globalisation impacts on how and why multi-tiered marriage is contracted in contemporary Nigeria. The paper also briefly discusses how the combination of marriages as a response to globalisation affects the operation of family law rules in Nigeria as well as the rights of the parties involved, especially the women.

Item Type:	Article (Journal)
Additional Information:	665/51139
Uncontrolled Keywords:	Legal pluralism; plural marriage; multi-tiered marriage; globalisation; homogenisation; hybridisation; Nigeria
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr. Roslina Che Soh
Date Deposited:	12 Jul 2016 11:24
Last Modified:	05 Jul 2017 09:25
URI:	http://irep.iium.edu.my/id/eprint/51139

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