PROCEDURAL LAW IN MARITAL DISPUTES UNDER SHAFII AND MALIKI JURISPRUDENCE IN KADHI’S COURTS IN ZANZIBAR TANZANIA AND KWARA STATE OF NIGERIA

This paper explores the dynamics of procedural law in marital disputes under Islamic jurisprudence. Procedural law is an essential aspect of Islamic justice system; it is of divine flavor and of classic origin. In some Muslim regions of the world Islamic procedural law are still in use, particularly in regions with sizeable Muslim population. Marital disputes settlement are common matters handled by the Kadhi’s Courts. The courts system adopts the jurisprudence peculiar to each region. In Zanzibar, Muslim Courts also known as Kadhi’s Courts while in Nigeria Kadhi’s courts are Sharia or Area Courts. The official jurisprudence of Zanzibar is Shafii jurisprudence while the Constitution of Nigeria recognizes Maliki jurisprudence on Muslim personal matters such as marriage, divorce, inheritance, and other related matters. This paper highlights the variations between the Shafii and Maliki jurisprudence on marital disputes. The paper uses Zanzibar and Kwara State of Nigeria as the case studies. Recently decided cases from the two regions of Africa used to illustrate the dynamics of procedural law under Islamic jurisprudence.