مفهوم الحضانة وأحقيتها بعد الطلاق دراسة مقارنة بين القانون النيجيري والشريعة الاسلامية = The concept of custody and its entitlement after divorce: a comparative study between Nigerian law and shariah

Abeebllahi Obalowu, Issah and Abdul Rahim, Adibah and Bolanle, Yusuf Basirat (2022) مفهوم الحضانة وأحقيتها بعد الطلاق دراسة مقارنة بين القانون النيجيري والشريعة الاسلامية = The concept of custody and its entitlement after divorce: a comparative study between Nigerian law and shariah. Ulum Islamiyyah: The Malaysian Journal of Islamic Sciences, 34 (2). pp. 1-23. ISSN 1675-5936 E-ISSN 2289-4799

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Abstract

Considering the increase in the rate of divorce among Muslims in Nigeria, the daily problems that children suffer from after divorce, and the extreme difficulties that rarely stop as a result of the neglect of many parents and the evasion of their parental responsibilities towards their children after divorce, this research aims to address one of the most important issues related to the aftermath of the occurrence of divorce between spouses, which is the right of custody and nurturing of the children after divorce from the perspective of Nigerian law compared to the view of Islamic law, and the extent of application of this law on the ground among Nigerian Muslims. The research also investigates the validity of this law in meeting the needs of children after divorce. Due to the nature of the research, inductive and analytical methods are used, where information is collected from sources, and then it is studied and analysed according to the academic research method. The interviews are also conducted with people related to the topic of the research. The results showed that there is no tangible difference between the concept of custody and its entitlement before and after divorce in Islamic legislation and Nigerian laws, as the primary consideration in both legislations concerning this issue is the child’s interest, and everything related primarily to the care of the child and his physical and mental preservation and all other needs. However, the father is primarily responsible for the custody and nurturing of the children in Islamic law, while Nigerian law does not differentiate between both parents about who must bear financial responsibility, but the consideration in this regard is the social status of both parents. So, the court may order any one of both parents to bear financial responsibility, even if the child custody is not in the favour of this party.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Custodianship, Nigerian Law, Divorce, Children
Subjects:	BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Usul al-Din and Comparative Religion
Depositing User:	Dr Adibah Abdul Rahim
Date Deposited:	18 Jan 2023 10:40
Last Modified:	18 Jan 2023 10:43
URI:	http://irep.iium.edu.my/id/eprint/103292

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