DISSOLUTION OF MARRIAGE THROUGH KHUL' IN ISLAMIC LAW: A STUDY OF KANO STATE

📄 Project Abstract

Marriage in Islamic Law is special contract developsthrough love thatbrings compassion between the spouses among others. However, circumstances may arise where the couple cannot live together in harmony anymore in their marital relationship; its continuance is, therefore, no longer considered desirable. Divorce is permitted as solution for the avoidance of greater evil, which may result from the continuance of the marriage. In Islamic law, men have direct power to effect divorce whereas the womenhave similar power;through Khul' (Self-redemption) which requires her to redeem herself in lieu of the separation. The assessment of the amount of consideration to be paid by the wife remains an issue of bitter controversy even among the judges of Shari'ah Court of Appeal in Kano State, Muslim scholars and legal practitioners in Kano state. For instance, the court in its judgment awards the quantum of the consideration of Khul equal with the Sadaq paid whereas on the other cases it awards the q...