Dokument #1019587
IRB – Immigration and Refugee Board of Canada (Autor)
Articles by Ayode V. Atsenua and E.N.U.
Uzodike, which appear in women in Law (1993) deal with
marriage and divorce in Nigeria. There are two kinds of law in
Nigeria: "customary law and Nigerian Common Law ... furthermore,
the Islamic or Sharia Law System is presently regarded as customary
law" (Women in Law 1993, 117). Atensuwa also states that
"most marriages are still conducted under customary law only but
for the urban/educated women, marriages are usually conducted under
the Marriage Act and the traditional rites are also conducted"
(1993, 118).
According to Uzodike, "Customary law
entitles a woman to the provision of a home by her husband. Her
right to remain in such home however, subsists only as long as the
marriage lasts " (Uzodike 1993, 302). Uzodike also explains a
woman's rights upon divorce under Nigerian laws:
On divorce, a married woman loses the right
to be provided with a home by her husband and she is thus required
to vacate the matrimonial home. This will occur whether or not the
husband's family gives her temporary custody of very young
children. She is expected to return to her family or to find
alternative accommodation. The concept which obtains in English and
other developed systems of Law that in appropriate cases, the
husband may be ordered to vacate the matrimonial home or be ordered
to allow the wife and children to remain in it, has no place under
customary law.
Moreover, section 69 of the Nigerian
Matrimonial Causes Act expressly excludes the application of its
provision on maintenance and settlement of property to spouses
married according to Muslim rites or customary law. Similarly the
Supreme Court has also held that the Married Women's Property Act
does not apply to spouses of these marriages.
Under customary law of most of the Ibo
tribe, a woman is entitled on divorce, to remove all her personal
properties acquired with her own money and out of her sole efforts
and also such properties which she brought into the matrimonial
home at the time of the marriage. She cannot however take away
property given to her by her husband which he intended her only to
use in the matrimonial home. She is not entitled to lay claim on
any landed property whether or not such property was acquired
through the husband's sole effort or through their joint efforts.
Moreover neither the customary nor superior courts have
jurisdiction to order the sharing of the property or a settlement
of property for the benefit of either party. The irrebuttable
presumption is that the whole landed property belongs to her
husband. She is regarded as her husband's property and consequently
what she acquires belongs to him...
With respect to Islamic divorce it occurs
in stages. The husband while divorcing his wife should leave room
for possible reconciliation. In the early months of a divorce
however (that is during the waiting period or Iddah) she can still
claim the right to be housed by the husband but her right ceases if
after the expiration of this period no reconciliation is effected.
She will however be entitled to a gift from the husband to console
her. It is not clear whether this right is enforced but it is clear
that a claim to a share of the husband's estate on divorce is
totally out of the question (1993, 307-309).
Country Reports corroborates the above information and
states that the "dualistic nature of the legal system complicates
the issue of women's rights...couples often marry in both civil and
traditional ceremonies, creating problems in determining which set
of rules applies to the marriage and to subsequent questions of
child custody and inheritance in the event of divorce or death"
(1998, 1999, 410).
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum. Please see the list
of additional sources consulted in researching this Information
Request.
References
Women in Law. 1993a. Ayode V.
Atsenuwa. "Women's Rights Within the Family Context: Law and
Practice." Edited by Akintunde O. Obilade. Baton Rouge: Southern
University Law Center and Faculty of Law, University of Lagos.
Country Reports on Human Rights
Practices 1998. 1999. United States Department of State.
Washington, DC: United States Government Printing Office.
Women in Law. 1993. Uzodike,
E.N.U. "Women's Rights in Law and Practice: Property Rights."
Edited by Akintunde O. Obilade. Baton Rouge: Southern University
Law Center and Faculty of Law, University of Lagos.
Additional Sources Consulted
Africa Confidential [London].
June 1998-June 1999.Vols. 38-39.
Africa Research Bulletin: Political,
Social and Cultural Series [Oxford]. June 1998-December 1998.
Vol. 35. Nos. 6-12.
Keesing's Record of World
Events [Cambridge]. June 1998-April 1999. Vols. 44-45.
West Africa [London]. June
1998-January 1999. Nos. 4192-4201.
Whether divorce proceedings are different for marriages contracted traditionally, under Islam or under Christianity [NGA32693.E] (Anfragebeantwortung, Französisch)