REFORMING DIVORCE (TALĀQ) DYNAMICS: INSIGHTS FROM KATSINA STATE, NIGERIA

Abstract

The rising incidence of divorce among Muslim communities has over the years prompted a critical examination of the complexities and implications of divorce dynamics within the context of Islamic law. The prevalence of divorce is not common to a particular Muslim region to the exclusion of others, it is a problem that bedevils Muslim States. A report by the Saudi Ministry of Economy and Planning (2006) indicated that one woman is unilaterally repudiated through Talāq by her husband every 40 minutes. Thus, an average of 36 women gets divorced every day in Saudi Arabia. In Turkey, studies have shown that the marriage duration of 41.9% of couples ranges between 1-6 years. In Katsina state, however, the cumulative average of rate of marital dissolution among the 45 marriages from the 15 families sampled in the study is 53%, while the median life span of the marriages is 4 years. The absence of statistical data in Katsina State is hampering efforts at painting the true picture of the problem, but studies have indicated the severity of the problem. The lack of reform within the Islamic legal framework has pushed some Muslim civil society organizations to lobby political authorities toward reforming the divorce process. These political leaders often resort to legislation by fiat as evident in several states; Tunisia, Algeria, Morocco, and Bangladesh. It is against this background that this paper attempts to address the gap in insular, traditional religious research methodologies that target this burning socio-religious issue by advocating for a pragmatically informed approach rooted in the lived realities of the affected communities, this approach is not far from renewed calls by some contemporary Islamic legal scholars who are increasingly advocating for the adoption of pragmatic method in addressing the discourse on reforming divorce processes. The research method employed in this study involves focused group discussions, meticulous data analysis via some theoretical perspectives, and thematic identification to unravel the multifaceted dimensions of divorce dynamics in Katsina State, Nigeria. The findings underscore the need for equitable reforms integrating legal, religious, and societal perspectives to create a fairer, more respectful framework for marital dissolution. The paper concludes with recommendations for collaborative, community-engaged efforts, awareness initiatives, and further research endeavors to foster comprehensive understanding toward targeted interventions to address the challenges posed by divorce dynamics in the study area.