Judicial Approaches to Dissolution of Marriage through Talaq, Khul‘, and Faskh: A Case Study of Kano and Zamfara State Shariah Courts

This study investigates judicial procedures to marriage dissolution in the Shari’a Courts of Kano and Zamfara States, Nigeria, from 2000 to 2024. Drawing on statutes, published judgments, traditional Maliki texts, and secondary sources, it contrasts how courts have handled talaq, khul‘, and faskh throughout 25 years of enlarged Shari’a jurisdiction. Despite near-identical legislation and adherence to the Maliki school, Kano has progressed swiftly toward gender-equitable outcomes, granting wife-initiated divorce in 71–78 % of instances by extending grounds for cruelty, capping khul‘ consideration, and openly invoking constitutional dignity. Zamfara has followed the same track more cautiously, obtaining 56–62 % success rates while keeping closer to classical orthodoxy. The study demonstrates a quiet, judge-led reform achieved through maslaha, istihsan, and procedural innovation, without legislative change. It concludes that live Maliki law in northern Nigeria has become much more sensitive to women’s realities, with Kano now offering some of the most accessible judicial divorce rights in the contemporary Sunni world.