ABSTRACT

Abstract

Procedural law is a vital aspect of Islamic legal system. This paper seeks to examine the issue concerning to the effect of procedural law on marital disputes under the Maliki jurisprudence in Kadhis Courts in Kwara State of Nigeria. Maliki jurisprudence is the statutorily recognized jurisprudence of the people of Nigeria. Kadhis Courts are known as Sharia or Area Courts in Nigeria. Procedural law means the laid down rules and regulations to be used in an action in civil judicial proceedings. Procedural law for our purpose is as it affects marital disputes and marital rights in which both parties belong to Maliki jurisprudence. This article examines procedural law in marital disputes from Maliki school of thought perspectives. The article uses of doctrinal approach by using recently decided case from Kwara State of Nigeria to examine the position of Maliki jurisprudence. The paper evaluates procedural law in Marital Disputes under Maliki jurisprudence in the light of contemporary era expectation.