Today, we bring the concluding part of this educative article written by Abdulqowiy Odewale. The first two parts have extensively discussed the statutory marriage and customary marriage. Today it delve into the Islamic marriage and also brings conclusion. Sit tight and learn from our legal team.
(3) ISLAMIC MARRIAGE .
Islamic marriage like customary marriage is a polygamous one which allows the man to take up to four wives if he desires and capable. It possesses most of the features of customary law marriage already discussed. These and many others similarities make some to see both as the same thing but it has been argue that they differ from each other and is not far from the fact that Majority of the marxim and principle of Customary Law are unwritten while the Islamic /Shariah Law principles, marxim and doctrines can be found in the Holy Quran, various book of Hadiths, Ijma(consensus of scholars), Qiyas (Analogical deduction from only Quran and Sunnah).
However the important and main requirements of a valid Islamic law marriage are as follow :
i. Consent of the parties
The parties to Islamic law marriage must freely consent to the union. However, under the Maliki School of Islamic Law, a father has the right to conclude a marriage on behalf of his infant sons and virgin girls. The ceremony is called the Ijbar. The exercise of this right may be ameliorated by the fact that the child has the option to repudiate the marriage contract on the attainment of the age of puberty. However, a father loses his right of Ijbar where he allows his daughter to choose a husband from among her suitors.
2. Parental consent:
Is also principal requirement of Shariah marriage as it is under customary law. Parental consent is necessary for the valid celebration of marriage under Islamic law. Where the parents do not consent to the marriage such marriage is null .
3. Payment of the
Saduquat (Sadaki) or dowry is equally important condition for the solemnization of marriage under Islamic law. It is the entitlement of the woman and not that of her parents, which differs and distinguish its payment under customary law as the parents, wife and her families are the beneficiary.
The marriage needs to be solemnized by an Islamic Scholar in the presence of at least two upright Muslim witnesses.
Therefore if the above requirements are the condition for the validity of Islamic marriage. Hence we can be right to said that the common debate as whether genotype test is requirement under Islamic marriage has no base under Islamic law and Islamic marriage cannot be invalidated on such ground. Needless to mention that genotype condition as been widely pronounced and spread in Islamic marriage can be regarded as an innovation in to Islamic Marriage Jurisprudence. Which am sure of its turning down in any court with jurisdiction to entertain Islamic marital affairs.
Having enumerated all the above in relation to the kinds of marriage recognize under Nigeria Law. It is important to dwell on the fact that with some diverse requirements in these types of marriage all are geared to ensure and foster unity and moral upright of the society is recognized. Therefore it can be right to say that marriage which is consolidation of union without the consent of parents and parties which is rampant in our society today cannot withstand the status of being marriage within Nigerian Law and shall undoubtedly be held void in the court of law .
Abdulqowiy Odewale Tope.
Danladi K. M. Introduction To Nigerian Legal Method. A. B. U Press Ltd. Zaria (2008).
Obilade O. A. Nigerian Legal System.
Mandyem B. A. Types of Marriages under Nigerian Law.