Matrimonial Dispute Settlement: An Analysis On The Practice Of Sulh In Malaysia And Nigeria

The prevalence of Matrimonial Dispute within the Muslim society must not be overlooked. Many records of statistics and cases confirmed the existence of matrimonial dispute cases. However, recent studies have not painstakingly examined matrimonial disputes cases in Muslim populated countries, such as...

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Main Author: Olufadi, Lanre Abdul Malik
Format: Thesis
Language:en_US
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spelling my-usim-ddms-124882024-05-29T04:13:47Z Matrimonial Dispute Settlement: An Analysis On The Practice Of Sulh In Malaysia And Nigeria Olufadi, Lanre Abdul Malik The prevalence of Matrimonial Dispute within the Muslim society must not be overlooked. Many records of statistics and cases confirmed the existence of matrimonial dispute cases. However, recent studies have not painstakingly examined matrimonial disputes cases in Muslim populated countries, such as Malaysia and Nigeria. This research primarily examines the law, principles and rules relating to matrimonial dispute settlement practices under the Shari'ah courts in Malaysia and Nigeria, in the light of Sulh. The legality, conditions and principles of Sulh in Islam are explicated in this research. A brief history of countries, the law and practice of Sulh in the Shari'ah court of Malaysia and Nigeria are critically discussed. This research was conducted using a qualitative method. Similarly, available materials from both countries were judiciously utilized. The findings indicated that financial problem, mother in law' and differences between husband and wife's career are the major causes of matrimonial dispute in both countries facing matrimonial dispute. Quality of a Judge (Qadu)and roles of Sulh officers are meticulously elaborated in this research. It further shows that the matrimonial dispute settlement or reconciliation using the concept of "Sulh" as an alternative dispute resolution practice under Shari'ah rules in Malaysia and Nigeria are explicitly expounded. It is thereby recommended that effective mechanisms of matrimonial dispute settlement using Sulh should be generously provided in order to reduce the cases of divorce in Nigeria and Malaysia. Universiti Sains Islam Malaysia 2016-09 Thesis en_US https://oarep.usim.edu.my/handle/123456789/12488 https://oarep.usim.edu.my/bitstreams/a594ff11-d87b-49c3-a326-72b765aec1f8/download 8a4605be74aa9ea9d79846c1fba20a33 Compromise (Islamic law)--Malaysia Compromise (Islamic law)--Nigeria Dispute resolution (Islamic law)
institution Universiti Sains Islam Malaysia
collection USIM Institutional Repository
language en_US
topic Compromise (Islamic law)--Malaysia
Compromise (Islamic law)--Nigeria
Dispute resolution (Islamic law)
spellingShingle Compromise (Islamic law)--Malaysia
Compromise (Islamic law)--Nigeria
Dispute resolution (Islamic law)
Olufadi, Lanre Abdul Malik
Matrimonial Dispute Settlement: An Analysis On The Practice Of Sulh In Malaysia And Nigeria
description The prevalence of Matrimonial Dispute within the Muslim society must not be overlooked. Many records of statistics and cases confirmed the existence of matrimonial dispute cases. However, recent studies have not painstakingly examined matrimonial disputes cases in Muslim populated countries, such as Malaysia and Nigeria. This research primarily examines the law, principles and rules relating to matrimonial dispute settlement practices under the Shari'ah courts in Malaysia and Nigeria, in the light of Sulh. The legality, conditions and principles of Sulh in Islam are explicated in this research. A brief history of countries, the law and practice of Sulh in the Shari'ah court of Malaysia and Nigeria are critically discussed. This research was conducted using a qualitative method. Similarly, available materials from both countries were judiciously utilized. The findings indicated that financial problem, mother in law' and differences between husband and wife's career are the major causes of matrimonial dispute in both countries facing matrimonial dispute. Quality of a Judge (Qadu)and roles of Sulh officers are meticulously elaborated in this research. It further shows that the matrimonial dispute settlement or reconciliation using the concept of "Sulh" as an alternative dispute resolution practice under Shari'ah rules in Malaysia and Nigeria are explicitly expounded. It is thereby recommended that effective mechanisms of matrimonial dispute settlement using Sulh should be generously provided in order to reduce the cases of divorce in Nigeria and Malaysia.
format Thesis
author Olufadi, Lanre Abdul Malik
author_facet Olufadi, Lanre Abdul Malik
author_sort Olufadi, Lanre Abdul Malik
title Matrimonial Dispute Settlement: An Analysis On The Practice Of Sulh In Malaysia And Nigeria
title_short Matrimonial Dispute Settlement: An Analysis On The Practice Of Sulh In Malaysia And Nigeria
title_full Matrimonial Dispute Settlement: An Analysis On The Practice Of Sulh In Malaysia And Nigeria
title_fullStr Matrimonial Dispute Settlement: An Analysis On The Practice Of Sulh In Malaysia And Nigeria
title_full_unstemmed Matrimonial Dispute Settlement: An Analysis On The Practice Of Sulh In Malaysia And Nigeria
title_sort matrimonial dispute settlement: an analysis on the practice of sulh in malaysia and nigeria
granting_institution Universiti Sains Islam Malaysia
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