ZUL-HAJJ 10 1430 A.H.
FRIDAY NOVEMBER . 27 2009.
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WRAPA communiqué
THE women's Right Advancement and Protection Alternative (WRAPA) Abuja held a validation meeting of research findings from the Islamic Family Law project (ILF) at Jigawa 3-star Hotel, Dutse.
The main objective of the meeting which last for about eight hours was to validate the findings of research on six issues related to the institution of marriage namely Ijbar, Talaq, Hakamain, Khul, Registration of marriage and marriageable age. It also discussed on the custody of children after divorce.
Four level researches (baseline documentation database research, it research and bench mark research) were conducted in seven states covered by the ILF project-Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto and Zamfara states.
The validation meeting was declared open by the executive Governor of Jigawa state, Alhaji Sule Lamido who was represented at the occasion by the Deputy Governor of Jigawa state, Alhaji Ahmad Mahmoud Gumel sixty two (62) Islamic scholars, jurists and academicians attended the validation meeting.
Resolutions:
The participants at the validation meeting engage in group work on the issues brought before the meeting which was followed by a session of extensive deliberation at the end of the deliberation the following resolutions were reached.
1. Ijbar brings very negative consequences on parties involved and should be checked. Scholars agreed that marriages should be conducted with the consent of all the parties going into it.
2. The award of compensation (Khul) awarded to husband whose wives desire divorce should be limited to the sadaq paid by the husband. Where a husband has paid sadaq which was far above the normal, the qad (jujge) should use his discretion to decide on what is reasonable and affordable for the wife to pay.
3. custody of the children should be the mother after divorce but the father should pay a minimum of N 2000 per child monthly for maintenance, provide accommodation for the mother and children and provide clothing to the children at least three times in a year.
4. Marriage should be registered to include certain agreement between the spouses, but no terms that violence the Shari'a should be included in the agreement. States legislate to make provision for the registration of marriage.
5. Husband should provide minimum maintenance to their wives during marriage which should not be below the provision of room a kitche and toilet sacility, the should also provide clothing a minimum of three times in a year and should pay for medical bills when their wives fall ills.
6. Muslims should be encouraged through sermons to embrace and practice the provision of HAKAMAIN as spelt out by Allah (SWT) in Sura 4 of the Glorious Qur'an to encourage arbitration and resolution of disagreement between spouses who would have culminuted to divorce.
7. Muslims should be encouraged to go for HIV/AIDS screening before marriage is conducted to protect the Muslim communities from the spreed of the scourge.
8. The meeting could not arrive at a definite decision on marriageable age but encouraged scholars to continue research in the area.
The communiqué was signed by Prof. Sani Zahraddeen, Justice Tijjani Abubakar, Barr. Rufa'I Aminu, Alhaji Sani M. Maradun, Justice Sadik A. Mahuta, Justice Shehu Ibrahim Ahmad, Dr. Abubakar Nababa Ahmad and Dr. Nasiru Musa Yauri.
