CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background of the Study
1.2 Statement of the Research Problem
1.3 Aim and Objectives of the Research
1.4 Research Methodology
1.5 Scope of the Research –
1.6 Literature Review –
1.7 Justification/Significance of the Research
– 1.8 Organizational Layout
CHAPTER TWO
THE CONCEPT OF MARRIAGE UNDER ISLAMIC LAW
2.1 Introduction
2.2 Definition And Nature Of Marriage In Islamic Law –
2.3 Significance Of Marriage In Islamic Law
2.4 Legality Of Marriage Under Islamic Law
2.4.1 Wajib (Compulsory)
2.4.2 Mandoub (Recommended Or Sunnah)
2.4.3 Mubah (Permissible Or Nafl)
2.4.4 Makhruh (Disapproved/Objectionable)
2.4.5 Haram (Forbidden)
2.5 Objectives And Legal Effects Of Marriage Under Islamic Law
2.5.1 Protection Of Chastity And Morality
2.5.2 The Preservation And Continuity Of Human Race –
2.5.3 Sustenance Of Mental Peace, Mutual Love And Affection
2.6 Elements And Formalities Of Marriage In Islamic Law
2.6.1 Sigha (Formul)
2.6.2 Dower (Sadaq)
2.6.3 Marriage Guardian (Wali)
2.6.4 Witnesses (Shuhud)
2.6.5 The Contracting Parties (Mahal):
2.7 Classification Of Marriage In Islamic Law
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2.8 Rights And Duties Of Spouses
2.8.1 Rights Of The Wife/Duties Of The Husband In Marriage
2.8.2 Rights Of The Husband/Duties Of The Wife In Marriage
2.8.3 Mutual Rights Of Husband And Wife
CHAPTER THREE
MARRIAGE GUARDIANSHIP (WILAYAT-UN-NIKAH) IN ISLAMIC LAW
3.1 Introduction
3.2 The Concept Of Guardianship (Al-Wilayah)
3.2.1 Natural Or Legal Guardian
3.2.2 Defacto Guardian
3.2.3 Testamentary Guardian
3.2.4 Guardian Appointed By Court –
3.3 Marriage Guardianship (Wilayat-Un-Nikah)
3.4 Rationale And Objectives Of Marriage Guardianship –
3.5 The Legal Authorities On Marriage Guardianship
3.6 Order Of Priority Among Persons Who Qualify As Marriage Guardian –
3.7 Conditions To Become Marriage Guardian (Wali) –
3.8 Classification Of Marriage Guardians –
3.8.1 Wali Al-Mujbir –
3.8.2 Wali Ghair Al-Mujbir Or Wali Ikhtiar –
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CHAPTER FOUR
THE CONCEPT OF IJBAR AND ITS IMPACT ON CHILD MARRIAGE IN ISLAMIC LAW
4.1 Introduction –
4.2 Legality Of Child Marriage In Islamic Law –
4.3 Nature Of Child Marriage In Islamic Law –
4.4 The Concept Of Ijbar –
4.5 Cessation And Limitations On The Power Of Ijbar
4.6 Remedies And Safeguard Against Improper Exercise Of The Power Of Ijbar
4.6.1 Khiyar-ul-Bulugh (Option Of Puberty) –
4.6.2 Kafa‟ah (Equality/Compatibility) Of Spouses –
4.6.3 Mother‟s Custody Of Minor Wife –
4.7 Impact Of Ijbar On Marriageable Age –
4.7.1 Age Of Taimiz (Understanding) – –
4.7.2 Age Of Puberty Or Majority (Bulugh) –
4.7.3 A Critique On The Modern Notion Of “Marriageable Age”
4.8 Impact Of Ijbar On Minor‟s Consent In Marriage
4.9 An Analysis On Contemporary Arguments For And Against Ijbar Vis-À-Vis The Practice Of Child Marriage In Islamic Law
4.9.1 Arguments Of The Proponents Of Ijbar And/Or Child Marriage
4.9.2 Arguments Of The Opponents Of Ijbar And/Or Child Marriage
4.9.3 Cross Analysis On The Proponent‟s And Opponent‟s Views On Child Marriage Vis-À-Vis The Concept Of Ijbar –
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4.9.4 Reforms In The Muslim World Against The Doctrine Of Ijbar And/Or Child Marriage –
4.10 An Analysis On Judicial Attitude Towards The Concept Of Ijbar In [Northern] Nigeria
CHAPTER FIVE
SUMMARY AND CONCLUSION
5.1 Summary
5.2 Observations
5.3 Recommendations –
Bibliography –