BOŞANMA ÇERÇEVESİNDE OSMANLI AİLE HUKUKU (HUKUK-İ AİLE KARARNAMESİ) İLE NİJERYA’DAKİ İSLAM AİLE HUKUKU’NUN MUKYESESİ

Abstract

Islamic Family Law is the most applied aspect of Islamic Law. The glorious Quran which the first source of Islam underscores this space of law. During the reign of Ottoman empire, the promulgation of Family Law Decree (HAK) was the final step in the codification processes of Islamic Law. Also, Muslim dominated Northern Nigeria implements Islamic family law through various levels of sharia courts. One of the most frequent cases are divorce related ones. This work aims to analyse the provisions on divorce to divulge the points of differences and similarities between HAK and Islamic Family Law in Nigeria. Different resources were accessed to form a qualitative comparative analysis of the legal provisions. The adoption of views of other schools of fiqih along with Hanafi views in HAK created links and similarities with Maliki school that is embraced in Islamic divorce law in Nigeria. Although, the authorization of arbitration is a common ground, however HAK sanctioned the arbitrators to conclusively terminate the marriage if it is deemed necessary. Absence of codified Islamic Family Law in Nigeria remains an appalling side which has to be fixed with the blueprint of HAK.