CHAPTER ONE

INTRODUCTION

1.0   INTRODUCTION

As the marriage in Islam is contract between two parties it is clear that it shall continue only so long as the parties carryout the terms and conditions of the contract. But if both or either of them should fail to carryout the term or fulfill their duties towards each other, then the contract may be broken. This is what we called divorce or Talaq.

Talaq is an Arabic word which really means dissolution of marriage. Although Islam has given the right of divorce to both men and women, it has been made necessary that this right should be exercised only  in exceptional cases when no other way is left and all methods of making peace between husband and wires have proved a failure.

The history of marriage and divorce in the ancient nations have formulated that the cause of divorce has been erratic. The Jewish law allows dissolution of marriage as a matter of no great concern. If husband finds any uncleanliness in wife, then let him write her a bill of divorcement, and give it on her hand and send her out of his house. When she has departed out of his she may go and be another man’s wife.

In Christianity, on the other hand, a saying attributed to Jesus has been reported: “what therefore God has joined together let no Man put asunder; whosoever shall put away his wife and marry commitment adultery against her”.

The catholic says, “when the sacrament of matrimony has been received by a man and ratified by their cohabitation as husband and wife, their union cannot be dissolved except by death.”

Islam has steered it’s middle course and has avoided the extremes of either making divorce to rigid or banning it altogether, or making it too loose and frivolous. Islam has permitted divorce but has imposed certain conditions and limitations upon the right of the husband to divorce the  matrimonial bond so that the husband may not act in haste or anger. Divorce is of two kinds in Islam.   

A.          Talaq Rajai: The divorce which permits husband resuming conjugal relationships. This is revocable divorce which is pronounced twice. If the relationship improves during the period of probation (Iddah), the divorce is revocable.

B.          Talaq Ba’in; Talaq Ba’in means the irrevocable divorce that separates the couple finally. The revocable divoerce becomes absolutely or irrevocable if the period of probation is allowed to elapse without the huband having revoked either by expression of words or by conduct.

A Muslim is given every opportunity by the Qur’anic injunction to reconcile if possible before making final decision before he carry out the irrevocable divorce. After the two period of temporary separation, one has to make a final choice. He may take back in love and amity, or let her go finally. The ghost of marriage in Islam is to unite two lives and to bring happiness to the couple. Even then, the husband is enjoined by the Qur’an not to dismiss the wife in disgrace, or with view to humiliating her, but to let her go kindly with due regard to her, tenderness and with a view to secure  peace of mind for both the wife and himself.

On the Christian perspective, the divorce must be pronounced in the presence of the court judge or pastor of the church, just as in the case of marriage were the husband or wife is guilty of adultery. It is a public act to be known by all. It’s the duty of the head of the church (pastor) to divorce the marriage. It is the irrevocable divorce that separates finally. No re-marriage in Christianity.

1.1   STATEMENT OF THE PROBLEM

Today, the Nigeria society seems to be passing through a very cohensive force of divorce problems, which disturbs the peaceful living that exists between the said two parties. It has become a problem of concern to almost every Nigerian. Hence this research is undertaken to investigate courses of divorce problem in our well pronounced society today.

Unfaithfulness of husband/wife could cause divorce in marriage, others may be lack of children, lack of money, late of love and misunderstanding, difference in religions and interference from outsiders could also contributes to divorce problem.

1.2   SIGNIFICANCE OF THE STUDY

It is importance to know that the motive behind this study is not only for the purpose of the award of NCE but it is hoped that this research will help parents, couples and the government to know the extent to which  rampant  divorce  is occurring in Nigerian society. This study will also look into the actual causes of divorce with a view to determine its effects and to recommend measures designed to solve the problems with this, the researchers hope that this work will be of immense benefit to the society,  parents and government.

1.3   PURPOSE OF THE STUDY

Researchers  carried out studies to achieve a ghost or purpose no matter how simple or complex they may be, that is to say, each research is trying to address one problem or the other. The major reason for carrying out this research is to bring about the last settlement between couples so that no inch of misunderstanding could be noticed above all other odds.

1.4   SCOPE AND LIMITATION OF THE STUDY

The researchers has decided to limit the areas of coverage to Kaduna metropolis, due to  financial problem and lack of time. Despite the limitations, it is my belief that this research work would be of interest to any reader and lay foundation for further research.

1.5   RESEARCH QUESTIONS

Research questions as defined by Awotunde et al (1977(, are questions a researcher poses in order to obtain answers which will enable him/her solve the problem investigated. They are used by researchers in break down a problem into it’s specific parts.

The research question encompasses the followings.

a.           Unfaithfulness of husband/wife could causes divorce

b.          Lack of children could also cause divorce among couples.

c.           Lack of money to maintain the family also leads to divorce.

d.          Lack of love and constant misunderstanding also contributed to divorce among couples.

e.           Different religions is a factor contributing to divorce among couples

f.            Also contribute to divorce problem is interference from outsides.