SOAS Research Online

Abstract

This thesis examines the subject of codification of Islamic Family Law as an instrument of social reform in Muslim-majority countries, taking an ongoing exercise in Kano State, northern Nigeria, as a case study. The question of women’s rights and gender equality has become central to modern discourse, and the Muslim world is a part of this global conversation. Despite the controversy around the appropriateness of codification of Islamic Family law in the form of statutes, it has come to be accepted as a useful tool in the hands of many states for altering rights and obligations in the family. The Kingdom of Morocco’s Family Law of 2004 has inspired those seeking a synthesis between classical Islamic law and modern international conventions. The draft Kano State Code of Muslim Personal Status was produced in 2019 by a committee of scholars set up by the Emir of Kano. The thesis reveals that, although the draft code makes a significant step towards social reform, some of its provisions are not sufficient to address the real problems faced by women in Kano, especially around the age of marriage, maintenance, domestic violence, and unfair treatment in polygamous marriages. It also reveals that, while there is a lot to learn from Morocco, some of the reforms in Morocco have led to adverse consequences for the institution of the family. It concludes with recommendations for making the proposed Kano Code effective, including amendments to certain provisions, improvement in social policy around education, and strengthening of arbitral institutions and processes. It also notes that reform must be a gradual process, keeping in tandem with the level of socio-economic development, and there is no single interpretation of Islamic Family Law that is correct and applicable to all jurisdictions.