NAVIGATING A COMPLEX TERRAIN: EXPLORING THE LIMITS OF HARMONIZING MARRIAGE LAWS IN NIGERIA
1 Department of Private and Property Law, University of Ilorin-Nigeria
* Corresponding author: ojibara.hb@unilorin.edu.ng
* Corresponding author: ojibara.hb@unilorin.edu.ng
Abstract
Marriage laws in Nigeria represent a complex amalgamation of native law and customs, religious doctrines, and legislative provisions. This has made its application and administration extremely complex especially where more than one of these laws apply to the parties. Such a situation has heightened the calls for harmonization of marriage laws in Nigeria. However, not much attention has been given to the limits of harmonization in this complex field. This is especially true considering the difficulty in reconciling some customary/religion norms with modern practice on the one hand and the resistance of Nigeria community to certain modern marriage practices on the other hand. This paper argues that harmonization of marriage laws in Nigeria is an admirable objective, but it grapples with significant constraints owing to the nation's intricate cultural, religious, and legal heterogeneity. The paper suggests a balanced approach that respects diversity while simultaneously upholding fundamental rights and gender equality. Acknowledging the boundaries of harmonization is vital for developing legal structures that accommodate the distinct needs and traditions of Nigeria's multifarious society.
Keywords
Marriage
Customary law
Globalization
Harmonization
Islamic law
How to Cite
Ojibara, H. B. (2024). NAVIGATING A COMPLEX TERRAIN: EXPLORING THE LIMITS OF HARMONIZING MARRIAGE LAWS IN NIGERIA. ABU Law Journal, 42(2), 157-169.
H. B. Ojibara, "NAVIGATING A COMPLEX TERRAIN: EXPLORING THE LIMITS OF HARMONIZING MARRIAGE LAWS IN NIGERIA," ABU Law Journal, vol. 42, no. 2, pp. 157-169, November 2024.