{"id":1869,"date":"2019-10-06T17:28:11","date_gmt":"2019-10-06T17:28:11","guid":{"rendered":"http:\/\/projectstore.com.ng\/?p=1869"},"modified":"2019-10-06T17:28:11","modified_gmt":"2019-10-06T17:28:11","slug":"a-comparative-study-of-wifes-right-to-maintenance-in-islamic-and-statutory-laws-in-nigeria","status":"publish","type":"post","link":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/a-comparative-study-of-wifes-right-to-maintenance-in-islamic-and-statutory-laws-in-nigeria\/","title":{"rendered":"A COMPARATIVE STUDY OF WIFES RIGHT TO MAINTENANCE IN ISLAMIC AND STATUTORY LAWS IN NIGERIA"},"content":{"rendered":"<h1><span class=\"ez-toc-section\" id=\"CHAPTER_ONE\"><\/span>CHAPTER ONE<strong>\u00a0<\/strong><span class=\"ez-toc-section-end\"><\/span><\/h1>\n<ul>\n<li><strong>GENERAL INTRODUCTION<\/strong><\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h1><span class=\"ez-toc-section\" id=\"_Background_to_the_Study\"><\/span><a name=\"_TOC_250045\"><\/a>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Background to the Study<span class=\"ez-toc-section-end\"><\/span><\/h1>\n<p><strong>\u00a0<\/strong><\/p>\n<p>The Study falls under English and Islamic family law, which is the basis of a tranquil mutual existence in a society. Islamic law is defined as the code of law derived from the Quran and the teachings of Prophet Muhammad SAW<sup>1<\/sup>.On the other hand, statutory law is the term used to define written laws, usually enacted by a legislative body<sup>2<\/sup>.Statutory laws vary from regulatory or administrative law that are passed by executive agencies, and common law, or the law created by prior court decisions.<sup>3<\/sup> Maintenance is the core and kernel of a\u00a0 marriage\u00a0 because\u00a0 no marriage can survive well without maintenance. Therefore, it is the husband\u201fs legal obligation to maintain his wife during the subsistence of the marriage. This obligation of the husband towards his wife entails her incontestable right to lodging, clothing, feeding and general care. This is so under both Islamic and Statutory laws. Although there are some instances where the two laws differ.<\/p>\n<p>Under Islamic law, the Arabic word for maintenance is \u201c<em>Nafaqah<\/em>\u201d which is defined as means of support or sustenance. Legally, it connotes all those things which are necessary to support life, such as food, clothes, healthcare, lodging and general care.<sup>4<\/sup> The responsibility for the maintenance of wife is a duty which the husband is enjoined to discharge cheerfully without reproach or injury<\/p>\n<p>The Holy Prophet (S.A.W.) is reported to have said during his farewell sermon that \u201c\u2026then fear Allah regarding women, for you have taken them by the word of Allah and met their private parts lawfully by the word of Allah\u2026And they have upon you, the right<\/p>\n<p>Of feeding and clothing in an equitable manner\u2026\u201d<sup>6<\/sup>It is also reported on the authority of Mu\u201fawiyyah al-Qushairi (R.A.) who said \u201cOh the Apostle of Allah, what is the right of the wife, a man has upon him\u201d to which the Prophet replied \u201cto feed her when you feed yourself, clothe her when you clothe yourself and you should not beat her face, do not repulse her and do not desert her except inside the house\u201d.<\/p>\n<p>In the same vain, The Holy Qur\u201fan 65:7declares thus: \u201cLet him who has abundance spend out of his abundance and whoever has his means of substance straitened to him, let him spend out of that which Allah has given him\u201d.<sup>7<\/sup><\/p>\n<p>The concept of maintenance under statutory law is different from the common law rule. Common law is based on precedent or case law, common law allow judges to decide cases based on rulings of prior cases with similar circumstances. Statutory law is written law as decided by the legislature or other government agency, the legislation will mainly be based on rules and regulations either mandating or prohibiting certain behaviours of the general public<sup>8<\/sup>.Under the common law, maintenance of a wife can be seen as a one way traffic that is the husband is under the obligation to maintain his wife.However, under the statutory laws; it is a two way traffic.A spouse is required to maintain the other spouse depending on the circumstances of the case. Under the English Common Law, the incidence of marriage imposes on the spouses a number of obligations one of which is the wife\u201fs right and husbands duty for maintenance. This obligation<\/p>\n<p>on the husband arose from the fact of cohabitation and the wife\u201fs management of the household. A husband and wife may enter into an agreement to live apart, such a separation release each spouse from obligation. In such a situation, if he fails to provide her maintenance and she has no adequate means of support, she becomes at common law his agent for the purpose of obtaining necessaries.The wife\u201fs agency of necessity is intended to enable her procure such necessaries for herself and her children as the case may be. Necessaries here include food, clothing, medical expenses and other basic needs but do not include luxuries. Similarly, a wife who has sufficient means of her own to purchase necessaries is not entitled to pledge her husband\u201fs credit as there is in fact no necessity. This is the case where for instance she earns sufficient income to sustain herself adequately. Where she is already adequately supplied with a particular necessity, the husband cannot be liable for any further supply of the same item. The husband will also avoid liability if he provides his wife with adequate maintenance.<\/p>\n<p>Furthermore, under the Matrimonial Causes Act High court is vested with powers on appropriate application to make an order for the maintenance of a spouse or the children of the marriage. In the exercise of this function, the court has a free hand to make such order as it\u00a0 thinks fit, consequently, the discretion of the court in this respect is unfettered. But the decree directs that the courts should have regard to the means, earning capacity and conduct of the parties to the marriage and all other relevant circumstances.<\/p>\n<h1><span class=\"ez-toc-section\" id=\"_Statement_of_the_Problem\"><\/span><a name=\"_TOC_250044\"><\/a>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Statement of the Problem<span class=\"ez-toc-section-end\"><\/span><\/h1>\n<p><strong>\u00a0<\/strong><\/p>\n<p>Right to maintenance of a wife is very fundamental in both Islamic and statutory laws applicable in Nigeria. Several researches have been conducted and many books published on this topic in the two legal systems.<\/p>\n<p>However, every now and then, you find cases of dispute between spouses arising from violation of such right to maintenance which in many instances leads to divorce. The question is do the husbands allow their wife\u201fs to freely enjoy these rights if they are aware of them? And to what extent Islamic and Statutory laws provide for wife\u201fs right to maintenance? If there are clear provisions then why is it that cases are repeatedly seen between spouses due to lack of maintenance? These and many other problems are going to be examined in this research.<\/p>\n<h1><span class=\"ez-toc-section\" id=\"_Aims_and_Objectives\"><\/span><a name=\"_TOC_250043\"><\/a>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Aims and Objectives<span class=\"ez-toc-section-end\"><\/span><\/h1>\n<p><strong>\u00a0<\/strong><\/p>\n<p>The main aim of this research is to find out whether the wife\u201fs right to maintenance is exercised as stated in the Quran and the statutes respectively with the view to achieve the following objectives:<\/p>\n<ol>\n<li>To examine the provisions on the wife\u201fs right to maintenance under Islamic and statutory<\/li>\n<li>To find out the differences and similarities of wife\u201fs right to maintenance under Islamic and statutory<\/li>\n<\/ol>\n<ul>\n<li>To proffer solution whether there is non- compliance to such<\/li>\n<\/ul>\n<h1><span class=\"ez-toc-section\" id=\"_Justification\"><\/span><a name=\"_TOC_250042\"><\/a>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Justification<span class=\"ez-toc-section-end\"><\/span><\/h1>\n<p>&nbsp;<\/p>\n<p>This research was embarked upon to clarify a lot of misunderstanding among spouses as to the wife\u201fs right to maintenance and also to provide additional material for students and other interested persons in the study of comparative law of wife\u201fs right to maintenance .<\/p>\n<h1><span class=\"ez-toc-section\" id=\"_Research_Methodology\"><\/span><a name=\"_TOC_250041\"><\/a>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Research Methodology<span class=\"ez-toc-section-end\"><\/span><\/h1>\n<p>The methodology adopted in this research is doctrinal as well as empirical. The Qur\u201fan and Sunnah, being the primary sources are relied upon, even though references to some<\/p>\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_65 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<p class=\"ez-toc-title\">Page Contents<\/p>\n<label for=\"ez-toc-cssicon-toggle-item-6632d3e78b827\" class=\"ez-toc-cssicon-toggle-label\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/label><input type=\"checkbox\"  id=\"ez-toc-cssicon-toggle-item-6632d3e78b827\"  aria-label=\"Toggle\" \/><nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-1'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/a-comparative-study-of-wifes-right-to-maintenance-in-islamic-and-statutory-laws-in-nigeria\/#CHAPTER_ONE\" title=\"CHAPTER ONE\u00a0\">CHAPTER ONE\u00a0<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-1'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/a-comparative-study-of-wifes-right-to-maintenance-in-islamic-and-statutory-laws-in-nigeria\/#_Background_to_the_Study\" title=\"\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Background to the Study\">\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Background to the Study<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-1'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/a-comparative-study-of-wifes-right-to-maintenance-in-islamic-and-statutory-laws-in-nigeria\/#_Statement_of_the_Problem\" title=\"\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Statement of the Problem\">\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Statement of the Problem<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-1'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/a-comparative-study-of-wifes-right-to-maintenance-in-islamic-and-statutory-laws-in-nigeria\/#_Aims_and_Objectives\" title=\"\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Aims and Objectives\">\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Aims and Objectives<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-1'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/a-comparative-study-of-wifes-right-to-maintenance-in-islamic-and-statutory-laws-in-nigeria\/#_Justification\" title=\"\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Justification\">\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Justification<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-1'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/a-comparative-study-of-wifes-right-to-maintenance-in-islamic-and-statutory-laws-in-nigeria\/#_Research_Methodology\" title=\"\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Research Methodology\">\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Research Methodology<\/a><\/li><\/ul><\/nav><\/div>\n","protected":false},"excerpt":{"rendered":"<p>CHAPTER ONE\u00a0 GENERAL INTRODUCTION &nbsp; \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Background to the Study \u00a0 The Study falls under English and Islamic family law, which is the basis of a tranquil mutual existence in a society. Islamic law is defined as the code of law derived from the Quran and the teachings of Prophet Muhammad SAW1.On the other hand, [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[2],"tags":[],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/posts\/1869"}],"collection":[{"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/comments?post=1869"}],"version-history":[{"count":0,"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/posts\/1869\/revisions"}],"wp:attachment":[{"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/media?parent=1869"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/categories?post=1869"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/wp-json\/wp\/v2\/tags?post=1869"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}