LEGAL PLURALISM: AN EXAMINATION OF CONFLICTING STANDARDS IN STATUTORY, CUSTOMARY AND ISLAMIC LAW MARRIAGE IN NIGERIA

Abstract

Marriage is one of the most cherished, common and predominant institutions in the life of every individual in a society and Nigeria, a multi-religious country with diverse and various ethnic groups is no exception. The societal structure of Nigeria is complex, diverse and varied. Furthermore, the country practices a plural legal system which consists of the received English law, customary law based on native laws and customs, and Islamic law. Due to this plural legal system, there is an inevitable internal conflict of laws especially in respect of the issue of marriage. Consequent upon the foregoing, this work examines marriage under Islamic law and its conflict with select statutes under Nigerian plural legal jurisprudence. It explores the three legal systems operating in Nigeria, the concept of marriage, statutory marriage and marriage under Islam. It also examines legal issues vis-à-vis polygamy, marriageable age, consent, etc. It further comparatively explore remedies for minor marriages and legal restrictions on polygamy in some select Islamic jurisdictions and concludes that Islamic law legalises human rights violations of girls under the guise of marriage through exposure to sexual abuse and exploitation. The paper suggests viable recommendations such as provision of marriageable age in Nigeria.