Last week, this column introduced the research conducted by the Women Rights and Advancement Alternative WRAPA. The research was conducted in seven states in the North West zone -Jigawa, Kaduna, and Kano; Katsina, Kebbi, Sokoto and Zamfara states. I promised to reproduce the outcome of the research which was shared at a validation meeting in Dutse, the Jigawa State capital between August 5 and7, 2009. The research focused on six often contentious issues in Islamic family law practice in Northern Nigeria.

The first of this is Ijbar (arranged marriages) also known as auren dole .The researches reveal as follows:

Opinions and research findings could not lend credence to any authority to show that the Holy Prophet (PBUH) gave his blessings to the practice of Ijbar during his lifetime. Ijbar is a product of Islamic jurisprudential thought. It has no basis either in the Holy Qur'an or Sunnah of the Holy Prophet (PBUH). There is divergence of opinions on the understanding of the concept of Ijbar by people in the project States. Ijbar is in the main practiced by the followers of the Maliki school of thought whereas other schools of Fiqh do not apply it as the Malikis do.

By the Sunnah, a female Muslim, whether minor or adult, has to give her consent to the marriage to her husband. The practice of Ijbar is traceable to the Urf wal adat of the people of Medina as exemplified by the practice of some Sahabas (companions of the prophet) namely: Qasim Ibn Mulid, and Salim Ibn Abdullahi.

All the Imams of Mudhahibs (Schools of thought) are by consensus agreed that any of their Fatwas that is contrary to any Prophetic Tradition or the Holy Qur'an should be disregarded. Ijbar is contrary to the clear provisions of the Holy Qur'an and the Prophetic Sunnah and hence should be disregarded. The practice of Ijbar in the Project States is such that the girl's consent is immaterial, while her subsequent complaints are ignored and she is compelled to remain in the marriage. The majority of the Ulama Islamic scholars interviewed agreed that the practice of Ijbar in the Project States has caused a lot of problems for the girl victims and the society. The practice of Ijbar has been mainly exercised to serve the economic or material interests of the girl's parents. Only a negligible numbers of Ijbar cases were handled by the Courts in the seven Project States. This is attributable to ignorance among the women on their rights to seek legal redress as well as other cogent reasons including poverty and social pressure.

The prevalent alternative to seeking legal redress is the tendency for the girls preferring the option to run away from their husbands and parents' homes to places where they cannot be traced. There is evidence of a faulty understanding and application of the power of Ijbar even among the judges. The practice of ijbar can be curtailed to address its dire consequences especially the high prevalence of drop outs from school, the health hazards it poses and the social and psychological perspectives of the departure of its victims into easy life styles.

The second issue addressed by the research was talaq (divorce) sakin aure. The outcome showed that: Divorce cases are noted to be on the high side in all the seven Project States with a high level of arbitrariness on the part of husbands. Impatience and inexperience on the part of husbands; economic situation of the families; cheap cost of bride price; ignorance of the duties/responsibilities of the couple as provided by Shari'a on marital issues; arrogance on the part of the husband, socio-cultural factors, and wrong values are responsible for the high prevalence of divorce in the project states. A significant number of divorce cases were conducted out of the courts.

Ignorance, poverty and the fear of intimidation prevent women from seeking justice in courts. Women suffer great injustice at family level and in their quest for justice before law Courts especially in Khul'i divorce case.

There is widespread discontent with court processes and the resultant miscarriage of justice in the determination of grievances in family law matters. Women do not have access to legal representation in courts.

The challenges of competence and corruption adversely affect the administration of justice in divorce cases and to the disadvantage of women. The prevalence rates of divorce accounts for its dire socio-economic consequences in the project states.

The third issue was Maintenance of wife and post divorce maintenance, the researches reveal: that the scope of maintenance of a wife has been placed on a minimal scale of provisions, thereby excluding some basic or contemporary needs of women. Post divorce maintenance is compulsory. Scholars maintained that it is compulsory on the man as it is the right of every divorced woman. There is no standard index for the determination of the cost of maintenance of children post divorce. A divorced woman is also entitled to mutu'ah, compensation from the husband in bidi'a divorce, that is divorce pronounced three times at a time making it irrevocable divorce saki uku There is little or no compliance with the Islamic provision for the payment of muta'ah (compensation) and iddah (maintenance for waiting period of three months) by the husband to the wife upon the divorce. There are sharp practices relating to the payment of ransom by the wife who decides to end her marriage. The Jurists agree that a divorced wife can sue and successfully to recover withheld entitlements from the divorcing husband. Scholars agree that there can be an amicable agreement between the husband and the wife, on the entitlements or they get the issue resolved. In addition, they agreed that the amount to be paid to the wife is to be determined by the husband. Divorced women have maintenance rights which include feeding, lodging and care (except sexual intercourse) for the period of Iddah where the divorce is revocable. Where the divorced wife is pregnant, she is entitled to feeding until she delivers and thereafter entitled to child maintenance in all its ramifications. She may choose to breastfeed the baby and can receive payment for that from the father.

On custody and maintenance, the researches reveal as follows:

A significant number of the cases relating to custody of children and their maintenance after divorce were settled out of Court. In majority of custody litigations, the Courts did not hesitate in the least to award the mother, the right to custody of her children after divorce in accordance with Malik School. Most women do not seek legal redress for their grievances in failed compliance with custody rights due to ignorance, economic and cultural factors. Women who seek legal redress are negatively perceived and even suffer subtle penalties including exclusion and abandonment by relations.

In cases where the platform of the court was used to settle cases relating to custody of children and their maintenance, most of the judgments went in favour of the mother of the child as stipulated by the Shari'a. There are weaknesses in mechanisms for the implementation/procurement of custody maintenance from the fathers who often fail to sustain payments. The mothers in such circumstances are left with the burden of catering for the needs of their children. The standard indices (the need of the child, the circumstance of the father and the prevailing custom or practice of the people) for determining the quantum of maintenance are open to manipulation; hence the inconsistencies in the award of maintenance due for children.