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oa Educor Multidisciplinary Journal - Effect of triple talaq invocation on development of women's rights in Nigeria

Volume 2 Number 1
  • ISSN : 2520-4254
  • E-ISSN: 2663-2349

 

Abstract

Article 6 of Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) enjoins State Parties to ensure that men and women enjoy equal rights and are regarded as equal partners in marriage. To this extent, State Parties have the obligation to enact laws to guarantee that the rights of women in marriage and family are promoted and protected. Article 7 of the Protocol further enjoins State Parties to ensure that separation, divorce and annulment shall be effected by judicial order with men and women having equal rights in seeking separation, divorce and annulment of marriage. Consequently, Nigeria enacted the Violence Against Persons (Prohibition) Act (VAPPA) in May 2015 to domesticate the provisions of the Maputo Protocol. While majority of the provisions in the Protocol are expressly criminalized and prohibited in VAPPA, the Act did not expressly address the rights of women in matrimonial causes in Nigeria. The Matrimonial Causes Act (Cap M7, Laws of the Federation of Nigeria, 2004) applies exclusively to parties of statutory marriage to the exclusion of parties to customary law and Islamic law marriages in Nigeria. The invocation of triple talaq, which is a pronouncement thrice by a husband to divorce a wife is a valid means of bringing an Islamic marriage to an end. This study investigates the prevalence of the invocation of triple talaq in Nigeria. The study further investigates the extent to which the invocation of triple talaq impedes the realization of women's rights in matrimonial causes in Nigeria as advocated by the Maputo Protocol, to which Nigeria is a party. The method adopted in this study is the qualitative approach through the use of survey. Participants were randomly selected across the six geopolitical zones of Nigeria and the survey was administered using survey monkey, an online tool, to collect and analyze data. The data was analyzed through the use of statistics frequency. The article makes recommendations as appropriate on the rights of women and religious demands in Islamic law divorce in Nigeria.

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/content/journal/10520/EJC-13d33eee5c
2018-12-01
2020-02-28

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