Judicial Practice in Islamic Family Law and Its Relation to ʿUrf (Custom) in Northern Nigeria

Abdulmumini Adebayo Oba

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Family and Matrimonial Law Religious Freedom and Discrimination Multiculturalism, Politics, Migration, Gender

Abstract

Although northern Nigeria is known for its extensive enforcement of Islamic law, the region has been heavily influenced by local custom and traditions. The dominant and now official school (madhhab) is the Maliki school which, arguably more than any other madhhab, recognizes ʿurf or custom as a source of Islamic law. This essay looks at local customs as they affect Islamic family law, specifically marriage, divorce, child custody, and inheritance, and the judicial responses to these customs in contemporary courts in northern Nigeria.

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