VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 8 No. VI (2025)pp. 665–682

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

AR
Dr. Amina Umar RuwandoruwaDepartment of History and International Studies, Zamfara State University Talata Mafara, Nigeria
View PDF
407views99downloads
Published 30 December 2025 · pp. 665–682 · Vol. 8 No. VI (2025)
Abstract

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.

Keywords
TalaqKhulFaskhJudicial ApproachesMarriageSharia court

How to cite

Dr. Amina Umar Ruwandoruwa, Judicial Approaches to Dissolution of Marriage through Talaq, Khul‘, and Faskh: A Case Study of Kano and Zamfara State Shariah Courts, 8 Int'l J. L. Mgmt. & Human. 665 (2025).

Cite this article

Dr. Amina Umar Ruwandoruwa, Judicial Approaches to Dissolution of Marriage through Talaq, Khul‘, and Faskh: A Case Study of Kano and Zamfara State Shariah Courts, 8 Int'l J. L. Mgmt. & Human. 665 (2025).
Chat with us