Download The concept of reconciliation (Sulh) in Islamic family

Peak Journal of Social Sciences and Humanities Vol. 3(1), pp.1-7, February, 2015
https://www.peakjournals.org/sub-journals-PJSSH.html
ISSN 2331-5792
©2015 Peak Journals
Review
The concept of reconciliation (Sulh) in Islamic family law and
matrimonial dispute settlement practice in Nigeria
Olufadi Lanre Abdul Malik* and Farah Salwani Binti Muda
Accepted 04 November, 2014
This research looks or investigates the principles and rules relating to the
matrimonial dispute settlement under the Shari’ah and how they are practicing
matrimonial dispute settlement (sulh) in Nigerian or Customary Law. Its
legalities, conditions, and principles were looked into and causes of matrimonial
dispute in Nigeria were mentioned in the paper. Classical works on the
matrimonial dispute settlement was studied in this work in contrast with Nigerian
Customary system. However, the primary objective of this paper is to examine
the concept of matrimonial dispute settlement (sulh) according to fundamentals
of Shariah from the perspective of the Qur’an. Islamic matrimonial amicable
reconciliation practice in Nigeria (ADR) and it types were also looked into. The
research was conducted through qualitative method; that is, Nigeria constitution,
Qur’an and hadith, journals, articles, conferences proceedings, and Islamic
textbooks by respected scholars of Islam. The research was concluded by
suggesting the way out of the problems.
Kew words: Islam, matrimonial dispute, settlement practice, reconciliation, Nigeria.
Faculty of Law and Shariah,
Universiti Sains Islam Malaysia
(USIM), Malaysia.
*Corresponding author. E-mail:
[email protected]
INTRODUCTION
Islam is a religion of peace and way of life (Al-Qur'an-Al
Baqara 2:208). That is why it introduces in an amicable
way or introduces the rule of law to settle matrimonial
disputes and ensure the smooth running of our worldly
affairs; it has encouraged people to meditate
reconciliation among the couple by been rewarded for
peaceful dispute and conflict settlement. However, the
systems of arbitration and reconciliation or amicable
settlement (sulh) have a long history within Arab and
Islamic societies and have their roots in pre-Islamic
Arabia period. Sulh is the preferred result and process in
any form of dispute resolution. Furthermore, arbitration is
favored to adjudication in Islamic jurisprudence. In tribal
and Islamic cultures, the overarching objective in conflict
settlement is collectivity.
Definition of terms and concept of Ṣulh as aternative
dispute resolution (ADR)
Ṣulh literally means mediation, negotiation, conciliation,
and compromise which easily fit within the definition of
ADR. ADR is generally defined as those dispute
resolution processes which encourage disputants to
reach resolution either on their own or with the help of
third party neutral that facilitates the disputants in doing
so. Technically, it means “to cut off a dispute” or “to end a
dispute” either directly or with the help of neutral third
person or third party. In another way, it means to settle
discord between two people in an amicable way:
(a) Matrimonial: means married or state of being
married.
(b) Dispute: means to contend in agreement or to argue
against something maintained, upheld, or claimed by
another.
(c) Nigeria: means a country in western Africa, south of
country of Niger. Official name: Federal Republic of
Nigeria.
(d) Islamic law: simply means Shariah Law.
(e) Ṣulh: means mediation, conciliation, negotiation and
compromise.
(f) Al-tahkim ortahkim: means arbitration.
Malik et al.
2
CONCEPT OF (SULH) AND ISLAMIC MATRIMONIAL
DISPUTE SETTLEMENT IN THE QUR’AN
disputes. Allah the Sublime advises the following
procedure in the context of marital conflicts:
Islam encourages every Muslim to do mediation between
the husband and wife (couple) in a conflictual situation in
order to restore peace, affection, harmony, and
understanding between the couples. Parents or family
are primarily required firstly to mediate between the
couple in order to save their marriage or avoid divorce.
However, according to Rashied and Khutuba (2010), the
Islamic concept of Sulh (reconciliation) is a process
rather than an event. It is a process which needs to be
nurtured over some periods of time in order for it to
procure its fruits of justice and peace. Notwithstanding
the difficulty and arduousness of the reconciliation
process, it is a process which is extolled in Islam and as
such should be encouraged and supported by each and
every conscientious believer. No reconciliation process
can be perfect but its contradictions must not be
overlooked and they should be continually challenged
(Rashied and Khutuba, 2010). But in order for a
reconciliation process to be sustained, it requires
magnanimity on the part of all parties. Such a view is
supported by the most primary source of Islamic
guidance, the Glorious Quran, where it positively affirms
the concept in Qur‟an thus:
“If you fear that husband and wife may break up, then
appoint one arbitrator from his family and one from hers;
if the couple wishes to reconcile, then Allah will indeed
bring about their reconciliation: For Allah has All-knowing
and All-aware” (Qur‟an 4:35).
‫اس‬
ْ ‫صدَقَ ٍة أ َ ْو َم ْع ُروفٍ أ َ ْو ِإ‬
ِ َّ‫صالَحٍ بَيْنَ الن‬
ٍ ‫ال َّ َخي َْر ِفي َك ِث‬
َ ‫ير ِ ّمن نَّجْ َواهُ ْم ِإال َّ َم ْن أ َ َم َر ِب‬
‫ع ِظي ًما‬
ِّ ‫ت‬
ِ ‫ضا‬
َ ‫ف نُؤْ ِتي ِه أَجْ ًرا‬
َ ‫َو َمن يَ ْفعَلْ ذَلِكَ ا ْبتَغَاء َم ْر‬
َ َ‫اّلل ف‬
َ ‫س ْو‬
“In most of their secret talks there is no good; but if one
exhorts to a deed of charity or justice or conciliation
between men, (secrecy is permissible): to him who does
this, seeking the pleasure of Allah, We shall soon give a
reward of the highest (value)” (Al-Qur'an-Surah Al-Nisa
4:128).
Another verse:
...
“Reconciliation is always the best option and selfishness
is ever-present in the human soul; but you should be
magnanimous and act benevolently towards others and
always remain conscious of God, for He is indeed aware
of all that you do” (Qur'an 4: 128).
The Islamic equivalent of reconciliation is the Arabic word
Sulh. Sulh is an important term in both the vocabulary of
the Qur‟an and in Islamic jurisprudence. The word itself is
used to refer both to a ritualized process of restorative
justice and peacemaking and to the actual outcome or
condition sealed by that process (Rashied and Khutuba,
2010). According to Islamic law, the purpose of Sulh is to
end conflict and hostility among Muslims so that they may
conduct their relationship in peace and harmony (Sabtu,
2010).
The second context in which the concept of sulh is
used in the Quran is in relation to resolving matrimonial
Another verse:
ً ‫َو ِإ ِن ْام َرأَة ٌ خَافَتْ ِمن بَ ْع ِل َها نُش‬
‫ص ِل َحا بَ ْينَ ُه َما‬
ْ ُ‫ع َل ْي ِه َما أَن ي‬
َ ‫ُوزا أ َ ْو ِإع َْراضًا فَالَ ُجنَا ْ َح‬
‫اّلل َكانَ ِب َما‬
َّ ‫س الشُّ َّح َو ِإن تُحْ ِسنُواْ َوتَتَّقُواْ فَإِ َّن‬
ُّ ‫ص ْل ًحا َوال‬
ُ
ُ ُ‫ض َرتِ األَنف‬
ِ ْ‫ص ْل ُح َخي ٌْر َوأُح‬
ُ
‫ير‬
ً ‫ت َ ْع َملونَ َخ ِب‬
“If a wife fears cruelty or desertion on her husband's part,
there is no blame on them if they arrange an amicable
settlement between themselves; and such settlement is
best; even though human inner-selves are swayed by
greed. But if ye do good and practice self-restraint, Allah
is well-acquainted with all that ye do” (Qur‟an 4:128).
“If two parties of the believers fall into a quarrel, then
make peace and reconciliation between them; but if one
of them transgressors beyond all bounds against the
other, then fight against the transgressor until it complies
with Allah‟s command; but if it complies then make peace
between them and reconcile them on the basis of justice
and fairness; for Allah loves those who are just and act
equitable” (Qur‟an 49:9).
From all verses of the Quran that were quoted above, we
would categorize sulh into two ways: the first one is
tahkim, which is a form of reconciliation or amicable
composition, and is not binding on the parties, while the
second is based on the arbitral-award which is binding on
the parties because the parties authorized the arbitrator
to judge, whose judgment must be of binding character.
“However, no doctrine or school”, says Abdul Hamid ElAhdab, a leading authority on the law of tahkim (sulh),
“had adopted a clear attitude in this respect and there are
numerous opinions in each of the four great schools of
Sunni Muslim (Hanafi, Hanbali, Shafih, and Malik).
Hanafi opinion is that arbitration that is very close to
compromise (Syed, n.d.). Shafih also hold a similar view;
that the arbitral award is binding only if the parties agree.
Thus arbitration is like conciliation. Followers of this view
hold that if an arbitral award is regarded as binding, this
would challenge the authority of the state, that of the
judge and ultimately of the Imam (Sultan) (El-Ahadb,
1998). Hanbalis and Maliks hold the view that the
decision of an arbitrator is binding unless it contains
flagrant injustice (El-Ahadb, 1998); however, the
arbitration laws of the Muslim countries make the arbitral
awards binding if it is field in Shariah Court.
However, the prophet Muhammad had recognized
arbitration. In one reported case, he appointed an
Peak J. Soc. Sci. Humanit.
arbitrator and accepted his award. He also advised the
tribe of Bani Qarnata to have a dispute arbitrated (ElAhadb, 1998).
Beside these verses, Hadiths of the Prophet (SAAS)
are loud in supporting peaceful settlement. The Prophet
says: “He who makes peace (sulh) between the people
by inventing good information or saying good things, is
not a liar” (Al-Bukhariyy 3:533). From the above hadith
we should know that lie is only permitted during sulh in
order to achieve sulh between disputants (Couple).
The prophet also mentioned the rewards waiting for
those who establish sulh. “Narrated Abu Huraira: Allah‟s
Apostle said: „there is a sadaqa to be given forever joint
of the human body (which number 360); and for every
day on which the sun rise, there is reward of a sadaqa for
the one who establishes sulh and justice among people” (
Al-Bukhariyy 3:533).
Beside these verses, Umar bin Khattab the second
caliph of Islam wrote a letter to Abu Musa Al-Ashari on
the letter„s appointment as a qadi contains many rules
relating to the administration of justice. One of these rules
deals with sulh:
‫الصلح جائز بين المسلمين إال صلحا حرم حالال أو أحل حرام‬
"All types of compromise and conciliation among Muslims
are permissible, except those which may harm anything
which is halal and a halal as haram" (Syed, n.d). In the
above letter, the part relating to haram and halal is a
compromise and is based on a saying of the prophet: “if
somebody innovates something which is not in harmony
with the principles of our religion, that thing is rejected”
(Syed, n.d).
CONCEPT OF MEDIATION
CUSTOMARY LAW
UNDER
NIGERIAN
Customarily, Nigerian elders are responsible for
reconciliation and mediation of any loggerheads within
the family, community, and society in order to be at
peace and harmony at all times. It is a proverb in Yoruba
custom that (Agba kiwa loja, kile odaworo) which simply
means, in the presence of elders, there must not be any
turbulent and catastrophic situation in the house. For that
proverb, when there is any single misunderstanding
between husband and wife, the elder always strive into
settle because the eldest of the family would be held
responsible and blamed for negligence if he or she failed
to settle the conflict quickly. If there is marital conflict, the
elders of the family will come up for the mediation in
order to save and restore affection and love within the
two parties.
Customary law in Nigeria
Nigeria is made up of different and several ethnic groups
3
and cultures out of which each made its own varieties of
customary law. Ethnic customary is conceptualized as
the indigenous law that applies to the number of different
groups in a society or community. However, customary
law is a system of law that reflects and reveals the
culture, custom, value and habits of the people whose
activities are regulated by their custom. The subject
matter is mainly dominant in the personal and family
aspect such as marriage, divorce, guardianship and
custody of children, conflict mediation within the family,
and succession. In Nigeria, system of customary law is
different and varies from one society to another society;
that is, Igbo culture varies from Hausa culture while both
are different from Yoruba culture and vice-versa. As a
matter of fact, Nigerian customary law is unwritten,
uncertain, and difficult to ascertain. Nevertheless, it is
flexible and has the capacity to adapt the social and
economic changes without losing its character. It also has
capacity to settle any rancor and conflict within the family
without filing the case in the court of law. Customary law
is usually enforced in customary courts where most
cases are presided over by non-legal trained personnel
(Obilade, 1979). Nigerian Customary Law may apply and
be adopted in some situation and conditions as it provide
that: “A custom may be adopted as part of the law
governing a particular set of circumstances if it can be
noticed judicially or can be proved to exist by evidence.
The burden of proving a custom shall lie upon the person
alleging its‟ existence” (Evidence Law, 1973).
ARBITRATION (SULH) SYSTEM IN NIGERIA
Arbitration as a mechanism of settlement of dispute has
been with Nigerians from time immemorial as it has been
with mankind from the beginning of its creation. The
existence of the method as a means of dispute resolution
is based on the fact that conflicts and controversies are
inevitably a daily occurrence in society from time
immemorial; this may be in the form of personal
disagreements, religious crises, political, ethnic, marital
disputes, chieftaincy matters, land and community
boundary dispute and even economic conflict and which
from time are settled one way or the other through an
organized traditional dispute resolution mechanism like
arbitration. Historically therefore, arbitration and other
mechanisms of dispute settlement is one of the
processes used in dispute resolution in most ethnic
groups in Nigeria like many other communities in African
countries (Awala, 2005). Thus, arbitration is a traditional
arrangement in Nigeria for settlement of matrimonial
dispute and abiding by the judgment of selected persons
in the community, on disputed matters as opposed to
reference to court for litigation. This can be seen in the
words of Ezediaro (1971) where he said;
“Arbitration as a method of settling dispute is a tradition of
long standing in Nigeria. Referral of a dispute to one or
Malik et al.
more layman for decision has deep roots in the
customary law of many Nigerian communities. Such a
method of dispute resolution was only a reasonable one,
for the wise men or the chiefs who were the only
accessible judicial authorities. This tradition still persists
in certain villages and communities, despite the
centralized legal system and the attendant efforts at
modernizing and reform of legal system.”
Islamic arbitration
It is instructive to note from the onset and as rightly
observed by Abdul (1981) that there is no evidence of
judicial pronouncement confirming the application of
Islamic arbitration mechanism as a method of disputes
resolution in Nigeria, neither was there any on its validity
or even the legality or otherwise. This is because there
has not being any reference of disputes relating to
Islamic customary arbitration to court for adjudication or
any dispute relating to or connected with or arising from
arbitration.
The fact however remains that Islamic legal system is
one of the three recognized and enforceable legal system
in Nigeria and evidence abound in Shariah of arbitration
as one of the practical method of dispute settlement.
Historically, it is established that in the early stage of
Islam and after the death of Prophet Mohammed (PBUH),
arbitration was employed in dispute resolution in Islam.
The practice of customary Islamic arbitration in the
Northern Nigeria has it legal basis and foundation from
the primary source of law; that is, the Holy Quran, the
Sunnah of the Holy prophet Muhammed (PBUH), Ijma’a,
Qiyas, Ijitihad, Istihisan, etc. More importantly, the
Nigerian Muslims particularly the North where Muslims
are predominant, follow the Maliki school of jurisprudence
and where arbitration is regarded as Tahkim or sulh as a
form of contract where by parties agree to bring any
dispute/conflict or disagreement arising from the terms of
a contractual agreement before hakim or arbitration for
settlement (Abdul, 1990).
THE ORIGIN OF THE NIGERIAN LEGAL SYSTEM
The Nigerian legal system comprises a number of
different layers of law, being based significantly on
English law whilst incorporating also local Customary and
Islamic (Shari‟a) law. Customary law in particular adds a
great deal of complexity to the legal system on account of
the fact that it is not uniformly applied; rather, the
customs which are recognized as law are often
recognized only at the localized geographic level and do
not apply to all groups throughout the country. In short,
the customary law in one region will differ from that
elsewhere. Nigeria‟s periods of military rule have further
complicated the legal system because of the Decrees
4
and Edicts which were issued during these periods. Many
of these items of legislation remain in force despite the
fact that they conflict with other laws, indeed often with
the Constitution of the Federal Republic of Nigeria, 1999.
Establishing the
customary law
existence
and
application
of
Customary law is, as stated above, recognized by the
Nigerian legal system. The question of what constitutes
the applicable Customary laws in relation to a particular
matter is often, however, a difficult question. If a party
wishes to invoke the application of a rule of customary
law in court proceedings, Section 14(1) of the Evidence
Act 1990 requires the party first to establish the existence
and content of the customary rule as a matter of fact
which is to be proved by appropriate evidence.
Appropriate evidence will include the following sources of
customary law: opinions of persons having special
knowledge of native law and custom; opinions of native
chiefs or imam; any books and any manuscript. An
exception is created for those rules of customary law
which have been recognized and applied by Courts of
superior or coordinate jurisdiction so often that the Court
asked to apply the relevant rule now would be justified in
assuming that the persons or class of persons concerned
in the area look upon the relevant rule as binding in
relation to circumstances similar to those under the
Court‟s consideration (see Section 14(2) of the Evidence
Act 1990). By this latter approach, a Court is able to take
“judicial notice” of the existence of a particular customary
law without the need for its proof by specific evidence.
ISLAMIC MATRIMONIAL
PRACTICE IN NIGERIA
DISPUTE
SETTLEMENT
Dispute according to advanced learner‟s dictionary, is an
argument or a disagreement between two people, groups
or countries; discussion about a subject where there is
disagreement. However, Islamic law considers marriage
„an important contract, a strong bond, a challenging
commitment in which both parties find mutual fulfillment
and self-realization (Najim-din, 2000). This is because
marriage in Islam is regarded first and foremost as a
religious act, an act of responsible devotion. But Islam
does not make the contract absolutely indissoluble. If it
cannot work well for any valid reason, it may be dissolved
(Abdallati, 1998). Therefore, in every form of Islamic
matrimonial dispute settlement in Nigeria, the possibility
of breakdown of the marriage can lead to divorce.
ARBITRATION (ṢULH) PRACTICE UNDER NIGERIA
LAW
The practice of Ṣulh in matrimonial dispute settlement
Peak J. Soc. Sci. Humanit.
under Nigeria law can be divided into three namely:
1. Ṣulh process of marriage dispute settlement under
customary court in Nigeria.
2. Ṣulh of customary marriage by the Customary and
Area Courts in Nigeria.
3. Ṣulh under Islamic Law Marriage.
5
amicable settlement of family dispute. Except in cases of
matrimonial misconducts, which are considered grave
(e.g. adultery or pregnancy by a wife for another man,
attempt of one spouse to kill another), most matrimonial
feuds are settled at this level.
Reconciliation (Ṣulh) of customary marriage by the
customary and area courts in Nigeria
Reconciliation (Ṣulh) process of marriage dispute
under customary court in Nigeria
First of all, customary laws can be defined as follows:
Customary law is a practice which by common adoption
and long unvarying habits, have come to have the force
of law. It is also a rule which in a particular community
have from long usage obtained the force of law. It can
also be defined as a body of customs, accepted by
members of the community as binding upon them.
Furthermore, it is and organic or living laws of the
indigenous people, which regulate their lives and
transactions. Finally, it is the Usage or practice of the
people, which by common adoption and acquiescence
and long and unvarying habits, have become compulsory
and have acquired the force of law with respect to place,
or the subject matter to which it relates (Oyakhiromen,
(2009).
Generally, in all disputes at customary law, the customs
place a lot of emphasis on negotiation and arbitration but
more importantly in disputes relating to family matters
which includes marriage. Marriage is considered a very
important social institution upon which the web of societal
associations is built in most customs in Nigeria. It is
certain that customary marriages are dissoluble under the
law. Divorce at customary law may be effective without
judicial intervention (Oyewo, 2009). The general
conception of marriage at customary law is that family is
a corporation made up of people of common descent,
and marriage is a compact between two families
(Akintude, 1997).
The family head and the principal member as well as
friends of a couple and their religious leaders are all key
players in any reconciliatory efforts in estranged
marriages in Islam or customary law (Akintude, 1997).
Because of the power or respect exhibited by such
people, their reconciliatory efforts often yield positive
results leading to a reunion of the couple. The basic
nature of customary law and practice is the concept of
yielding and compromise. Most Nigeria families adhere to
the concept of good relationship thus they will try their
best to resolve the problem among themselves within the
family without seeking outside assistance.
Upon the failure of intra family mediation, the dispute
may be reported to the formal or institutional mediation
like mosque (imam), the Oba (King) in Yoruba cultures
who is seen as the father of all. He adjudicates with the
aid of his chiefs and endeavors to bring the feud to an
Customary marriages are conducted under the various
customary laws applicable in each locality. The
customary and area courts are generally established for
the administration of customary law which includes
customary marriages. While these courts are designated
area courts in the southern states, they are designated
area courts in the northern states (Obilade, 1979). The
various customary and area courts laws regulate the
proceedings of these courts (Obilade, 1979). These laws
contain identical provisions about the jurisdiction of the
courts.
For instance, the Lagos State law (Obilade, 1979)
provides in section 16 (1) read with second schedule part
I that the civil jurisdiction of customary courts includes
„unlimited jurisdiction in matrimonial causes and other
matters between persons married under customary law
or arising or connected with a union contracted under
customary law (Identical provision, 1968). The courts in
the exercise of their power therefore adjudicate over
matrimonial causes. Section 18 of the law provides that
„in civil cases and matters, a customary court may
promote reconciliation among the parties thereto and
encourage and facilitate amicable settlement thereof
(Ambali, 2003). While these courts have the power to
embark on reconciliatory mission, it is only when parties
are properly before them that this duty can be performed.
Reconciliation under Islamic law marriage
Marriage in Islamic Law may be dissolved by divorce in
the case of a permanent marriage or waiver of the
remaining period in the case of a temporary marriage
(Ambali, 2003). Dissolution of the Islamic marriage can
take different forms (Qur‟an 2:228). From the principles
governing the dissolution of Islamic marriages, there are
vestiges of an attempt at the entrenchment of a
reconciliatory process. Two forms of reconciliation can be
identified:
Reconciliation by revocation of divorce
Talaq is one of the processes of dissolving an Islamic
marriage. The husband in Moslem marriage to sever the
union adopts it. It involves making a legal statement by
which the divorce is pronounced with the requisite
intention. It is a requirement of the law that it should not
Malik et al.
be pronounced in a manner that does not leave room for
reconciliation. The man should therefore control his
emotion when pronouncing it. One of the attributes of
talaq Sunnah is that it allows for reconciliation. The
woman waits for three periods of cleanliness after a
revocable divorce (Talaq raj’iy). During this period of
iddah, the man can rescind his decision to divorce the
woman (Customary Courts Law, 2003). The condition for
the exercise of this right by the husband is that he did not
make the separation total at the time it was pronounced.
Reconciliation through the iddah period
Iddah refers to the waiting period during which women,
who are separated from their husbands as a result of
death or divorce, count the prescribed days and month of
menstrual periods or periods of cleanliness. It is that
period within which women should not enter into a new
marriage contract till the stipulated period expires (AlQur‟an 65:1). The first purpose of iddatul talaq is
reconciliation (Babatunde, 2003). The essence is to
afford the estranged couple a period for peaceful and
amicable reconciliation. Such reconciliation may be
initiated by the parties themselves or by close associates
and relatives. A party is therefore afforded the opportunity
to change his mind. In order to ensure that the iddah
period affords an opportunity for reconciliation, Islamic
law stipulates that the woman in the man‟s house and
under his care must observe the iddah (Al-Qur‟an 65:2)
Causes of marital discord in Nigeria
The causes of matrimonial dispute in Nigeria can be
divided into three namely:
1. Causes of matrimonial dispute from the husband.
2. Causes of matrimonial dispute from wife.
3. Causes of matrimonial dispute from both.
Causes of matrimonial dispute from the husband
The following comprises the behaviors exhibited by the
husband which in turn leads to matrimonial or marital
dispute:
(a) Oppression and rough treatment.
(b) Refusing to maintain her financially.
(c) Injustice among wives in polygamous family.
(d) Breaching pre-marital agreements.
(e) Abandonment.
(f) Financial problem.
Causes of matrimonial dispute from wife
(a) Being disobedient to and garrulous with her husband.
6
(b) Being negligent in carrying out domestic chores and
duty to her husband.
(c) Going out without her husband‟s permission.
(d) Lack of domestic skill.
(e) Lack of proper dress or dress up alluring for her
husband.
Causes of matrimonial dispute from both
(a) The nature of the husband‟s or wife„s work.
(b) Difference in personal and career goal.
(c) Unnecessary jealousy and suspicion.
(d) Transgressing against the matrimonial rights of one
another.
(e) Unfriendly to cleanliness and adornment by either of
the spouse.
(f) Child-rearing issue.
(g) Religious and cultural deference.
(h) Sexual incompatibility.
CONCLUSION
In conclusion, Sulh simply is a means of settling or
reconciliation of marital discord between husband and
wife. For this reason, Sulh was very much applicable in
Nigeria, as it reduces the number of divorce in Nigeria
and it is usually applied before the court of law. However,
Sulh (settlement) or reconciliation can be a divorce at any
time, or agreement on mutual ferns between the two
parties. The needed thing and important need of such is
to make sure that both parties do not end up harming
each other. Therefore, when sulh (reconciliation or
amicable settlement) is at best to divorce, we will take
sulh in position of divorce and when it is in position of
keeping them together, sulh will work in making sure that
they stick together as a united family. For this reason,
Islamic family law and matrimonial dispute settlement
practice in Nigeria depends on the best option of the sulh
in each case.
Furthermore, it is by advised that parents and family in
Nigeria should quickly rush or strive into the mediation
between the husband and wife before the situation
should be getting out of control. The couple also should
be quick in informing their parents immediately one of
them notice any strange character and behaviour from
the other, after he or she has being trying his or her effort
to settle or reconcile the rift. It is better for the husband to
report his wife‟s mistakes to her parents instead of
husband‟s parent to make things easier and better,
likewise the wife in order to avoid separation between the
couples. However, couples should not put in their minds
that they cannot solely manage their crisis without others
intervention as recommended by Almighty Allah, and it is
the best reconciliation from Allah rather than taking
yourself to the court.
Peak J. Soc. Sci. Humanit.
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