Nigeria Islamic Law Journal (NILJ) Essays in Honour of Hon.

Justice MM Akanbi, CFR,

PCA (Rtd)
ISSN 2350-1960

1 Nigeria Islamic Law Journal

AN EXAMINATION OF THE EFFECT OF DIVORCE AND

THE ISLAMIC LEGAL FRAMEWORK FOR ITS
PREVENTION
Olayinka Ibrahim Babalola

While marriage can be referred to as the legal union of a couple as husband and
wife1 or a legally accepted relationship between a woman and a man in which
they live as husband and wife, or the official ceremony which results in this2,
divorce on the other hand refers to the legal dissolution of marriage3.

In Islam there can be no divorce without a valid marriage, thus for a divorce to
occur there must be a marital relationship recognised by Shariah between the
parties.

There are different Islamic terminologies for the different method that may be
adopted in dissolving marriage.

In other words, when the court imposes separation on the unwilling party to
divorce it is called taliqul qadi, where the couple mutually agree to dissolve the
marriage it is called Mubarat. Talaq refers to dissolution at the instance of the
husband while Khul refers to dissolution of marriage at the instance of the wife or
third party who offers to pay a ransom in kind or cash to free the woman from the
bond of marriage.

Illai Occurs where the husband takes oath and refrains from having affairs with
his wife for more than four months while Zihar occurs when the husband equates

1
Black's Law Dictionary 8th edition
2
Cambridge Advanced Learner’s Dictionary, Third Edition
3
Black's Law Dictionary 8th edition: When used without qualification the term [divorce] imports a
dissolution of the marriage relation between husband and wife, that is, a complete severance of the
tie by which the parties were united. However in its common and wider use, the term includes the
dissolution of a valid marriage, a formal separation of married persons, and the annulment of a
marriage void from the begining.

Edited by Prof. Zakariya I. Oseni, Ph.D, Nurein T. H. Dindi, Ph.D,

Abdulmajeed Abdulrazaq Alaro, Ph.D, Dalhat Adamu, LLM
ibrahimbabalolao@gmail.com
 2 Essays in Honour of Hon. Justice MM Akanbi, CFR, PCA(Rtd)

the wife to someone unlawful to him for marriage (Mahram) such as his sister,
mother, foster mother etc.4

Since the object of this paper is to examine the effect of divorce on the society, I
will not dwell much on the process and time when a divorce should be effected
although a cursory glance at talaq and khul will be taken so as to show the extent
to which divorce is allowed as well as the precautions laid down by Allah and the
Prophet.

The general rule in Islamic family Law is that divorce is allowed even though it is
not a joyful act. This can be better expressed by the hadith of the Prophet when he
said “the lawful thing which is most distasteful to Allah is talaq, i.e.( man to
terminate marriage contract or divorce).

Divorce at the Instance of the Husband (Talaq)

Just as we have circumstances regarding when to and when not to marry, so does
talaq. Talaq is allowed where the wife behaves in a manner that will provoke her
husband to beat her and insult her parents. It is compulsory (wajib) where the man
is financially incapable of maintaining his wife and she is not ready to bear with
him or where the man is unable to satisfy her emotionally due to illness or old age
and the wife is unwilling to live with him.

It is commendable (mandub) where the wife is morally bankrupt, shameless or

transgresses deliberately the limits set by Allah, for instance where she forsakes
the five daily prayers (solat), refuses to fast, fails to guard what Allah has
ordained to be guarded etc.

Divorce at the Instance of the Wife (Khul)

A woman has the right to seek divorce when she feels she can no longer cope with
her marital obligations to her husband for any reason whatsoever. This right can
be found in Q2:229 which states thus;

…….Then if you fear that they would not be able to keep the limits
ordained by Allâh, then there is no sin on either of them if she gives
back (the Mahr or a part of it) for her Al-Khul' (divorce)[]. These are
the limits ordained by Allâh, so do not transgress them. And whoever

4
Ambali M.A. The Practice of Muslim Family Law in Nigeria, 2003 Tamaza Publishing
Company Ltd, Zaria 978-2104-60-4
Nigeria Islamic Law Journal (NILJ) Essays in Honour of Hon. Justice MM Akanbi, CFR,
PCA (Rtd)
ISSN 2350-1960

3 Nigeria Islamic Law Journal

transgresses the limits ordained by Allâh, then such are the Zâlimûn
(wrong-doers, etc.).

The authority for the exercise of this right can be found in the Hadith narrated by
Ibn Abbas which goes thus

Narrated Ibn 'Abbas: The wife of Thabit bin Qais came to the Prophet
and said, "O Allah's Apostle! I do not blame Thabit for defects in his
character or his religion, but I, being a Muslim, dislike to behave in
un-Islamic manner (if I remain with him)." On that Allah's Apostle
said (to her), "Will you give back the garden which your husband has
given you (as Mahr)?" She said, "Yes." Then the Prophet said to
Thabit, "O Thabit! Accept your garden, and divorce her once."5

This hadith was reported in different wordings but the contents are identical. It has
been said that based on the above hadith that a woman can keep the reason for her
action as personal to herself and that a woman who demands release from her
husband does not need to give reason(s) for her action and it does not matter if the
reason(s) is flimsy.6 It is left between her and her God. The Prophet has warned
that any woman who seeks divorce from her husband without suffering any
hardship will never smell paradise.

Caution and Restrictions on Divorce

Islam while allowing divorce, it also provides precautions and restriction in

respect of divorce which serve as guidelines for couples. These precautions and
restrictions can be found in the two primary sources of Law in Islam i.e. the
Qur’an and the Sunnah. An examination of these precautions and restriction
shows that even though Islam permits divorce, it tilts more to the fact that couples
should find other means of resolving marital issues and the right of divorce should
only be exercised as last resort when all other means of resolving their conflict has
failed.

5
Bukhari :: Book 7 :: Volume 63 :: Hadith 197
6
M.A. Ambali, The Practice of Muslim Family Law in Nigeria, Tamaza Publishing Company
Limited, Zaria, Nigeria 978-2104-60-4

Edited by Prof. Zakariya I. Oseni, Ph.D, Nurein T. H. Dindi, Ph.D,

Abdulmajeed Abdulrazaq Alaro, Ph.D, Dalhat Adamu, LLM
ibrahimbabalolao@gmail.com
 4 Essays in Honour of Hon. Justice MM Akanbi, CFR, PCA(Rtd)

Before a divorce can be effective, there must be intention to divorce (al-qasdu)

and divorce must not be made under duress. Where divorce is made under duress,
such divorce is unenforceable based on the hadith which states that “the divorce
made under duress is not talaq (la talaq fi iglaq). Also where a spouse intends
divorce but has not expressed it to his/her spouse; such intention does not suffice
to constitute a divorce. Although intention to divorce is an essential element of
divorce it is not enough to constitute divorce unless it has been expressed. 7

The essence of this is that where a man or woman gets provoked and during the
heat of passion he formed the intention of divorcing his wife, it may be that he or
she may change such intention when the anger subsides, this will prevent him
from making use of his limited slot of divorce.

Legal Framework for Dispute Resolution

(a) Disciplinary Action

If a dispute has arisen between the husband and the wife and their living together
as husband and wife is becoming difficult, in such a situation the direction of
Islam is that the decision to give divorce should not be taken immediately, but all
efforts should be made for reconciliation between the two disputants. And if it
becomes necessary for example where the wife is guilty of misbehaviour, suitable
disciplinary action should be taken. The procedures to be adopted are given in the
verse of the Qur’an below:

“As for those women from whom you fear defiance, admonish them,
leave them alone in their beds, and beat them (lightly). Then if they
obey you, seek not an excuse against them. Verily Allah is Most High,
Great.”8

In this verse, three remedial measures have been directed to be adopted by the
husband in the case of a disobeying or defiant wife. The first one is to admonish
her i.e. some soft words should be spoken to her to ease her mind and heart in
order to accept the reformatory attempts. If this attempt fails, then the second
measure should be adopted, i.e. she should be isolated in her bed so that she

7
Ramatu Aduke Issa v. Issa Alabi, Suit no. CA/C/16S/85 of 9th October, 1985.
8
Q4:34
Nigeria Islamic Law Journal (NILJ) Essays in Honour of Hon. Justice MM Akanbi, CFR,
PCA (Rtd)
ISSN 2350-1960

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should realize that her husband is displeased with her. If this measure is also
unsuccessful, then the husband should raise his hand to hit her. But this hitting
should not be to satisfy his anger, but with a view to disciplining and reforming
her. It should be borne in mind that the husband should not hit her hard, but
lightly. For beating the wife in an aggressive and tyrannical way is strictly
forbidden. In a hadith it is stated:

“Do not hit her face. Do not abuse, and do not leave her alone except
in the home.”9

In a hadith narrated by Muslim the Prophet was held to stated:

“Hit them but not in a way that would be hard and painful for them.”

This authority has been given to a husband to keep his wife within the limits of
morality and to maintain a healthy discipline in the house. It is not given for the
purpose of allowing the husband to beat his wife on petty and flimsy grounds and
for misusing it in any way he likes. The beating (lightly) serves as an indicator of
how displeased the husband is for his wife’s action or behaviour.

(b) Arbitration

The Qur’an recommends that the couple appoint an arbiter where they are unable
to settle their differences by themselves. This is aimed at ensuring that the couple
explore other means of resolving issues before resorting to divorce. In this way,
couples are to ensure that divorce should be the last thing to consider in the event
of breach between them.

If you fear a breach between them twain (the man and his wife),
appoint (two) arbitrators, one from his family and the other from
her's; if they both wish for peace, Allâh will cause their reconciliation.
Indeed Allâh is Ever AllKnower, WellAcquainted with all
things.Q4:35

9
Abu Dawood

Edited by Prof. Zakariya I. Oseni, Ph.D, Nurein T. H. Dindi, Ph.D,

Abdulmajeed Abdulrazaq Alaro, Ph.D, Dalhat Adamu, LLM
ibrahimbabalolao@gmail.com
 6 Essays in Honour of Hon. Justice MM Akanbi, CFR, PCA(Rtd)

(c) Revocation of Divorce

Where the arbitration fails and the couple proceed to divorce, the Shariah still
gives them opportunity to reconcile on the expiration of the waiting period. This is
provided for

And when you have divorced women and they have fulfilled the term
of their prescribed period, do not prevent them from marrying their
(former) husbands, if they mutually agree on reasonable basis. This
(instruction) is an admonition for him among you who believe in Allâh
and the Last Day. That is more virtuous and purer for you. Allâh
knows and you know not.Q2:228

Shariah gives opportunity to a couple to reunite even after divorce has been
pronounced this can be found in different verses of the Qur’an. For instance Allah
says

Those who take an oath not to have sexual relation with their wives
must wait four months, then if they return (change their idea in this
period), verily, Allâh is Oft-Forgiving, Most Merciful. Q2:226

The import of “then if they return (change their idea in this period), verily, Allâh
is Oft-Forgiving, Most Merciful” is for them to reconcile if they still desire each
other and think they can make the marriage work.

And divorced women shall wait (as regards their marriage) for three
menstrual periods, and it is not lawful for them to conceal what Allâh
has created in their wombs, if they believe in Allâh and the Last Day.
And their husbands have the better right to take them back in that
period, if they wish for reconciliation. And they (women) have rights
(over their husbands as regards living expenses, etc.) similar (to those
of their husbands) over them (as regards obedience and respect, etc.)
to what is reasonable, but men have a degree (of responsibility) over
them. And Allâh is All-Mighty, All-Wise.Q2:228 (underlining mine)

And when you have divorced women and they have fulfilled the term
of their prescribed period, either take them back on reasonable basis
Nigeria Islamic Law Journal (NILJ) Essays in Honour of Hon. Justice MM Akanbi, CFR,
PCA (Rtd)
ISSN 2350-1960

7 Nigeria Islamic Law Journal

or set them free on reasonable basis. But do not take them back to
hurt them, and whoever does that, then he has wronged himself. And
treat not the Verses (Laws) of Allâh as a jest, but remember Allâh's
Favours on you (i.e. Islâm), and that which He has sent down to you
of the Book (i.e. the Qur'ân) and Al-Hikmah (the Prophet's Sunnah -
legal ways - Islâmic jurisprudence, etc.) whereby He instructs you.
And fear Allâh, and know that Allâh is All-Aware of everything
Q2:231

(d) Limitation on Divorce

The above verses did not just give the couple an opportunity to reconcile but it
also warns against taking the woman back in order to hurt her. The verse has
taken into consideration the possibility of making use of that opportunity to
perpetrate evil against the woman. It is for this reason and others that Islam puts a
seal on the number of times divorce can be made.

Shariah puts a seal on divorce and is contained in Qur’an 2:229 which provides
thus divorce

The divorce is twice, after that, either you retain her on reasonable
terms or release her with kindness. And it is not lawful for you (men)
to take back (from your wives) any of your Mahr (bridal money given
by the husband to his wife at the time of marriage) which you have
given them, except when both parties fear that they would be unable to
keep the limits ordained by Allâh (e.g. to deal with each other on a
fair basis). Then if you fear that they would not be able to keep the
limits ordained by Allâh, then there is no sin on either of them if she
gives back (the Mahr or a part of it) for her Al-Khul' (divorce)[]. These
are the limits ordained by Allâh, so do not transgress them. And
whoever transgresses the limits ordained by Allâh, then such are the
Zâlimûn (wrong-doers, etc.).

Problems and Effects of Divorce

Problems and Effects on the Couple

Edited by Prof. Zakariya I. Oseni, Ph.D, Nurein T. H. Dindi, Ph.D,

Abdulmajeed Abdulrazaq Alaro, Ph.D, Dalhat Adamu, LLM
ibrahimbabalolao@gmail.com
 8 Essays in Honour of Hon. Justice MM Akanbi, CFR, PCA(Rtd)

Couples facing a marriage break-up will have to cope with some of the following:

Anxiety, Anger, Sadness, Weariness, Guilt, Low self esteem, Worry,

Frustration/Disappointment, Loneliness, distrust etc. Among estranged partners,
these feelings are unavoidably present before, during and after the divorce and if
not checked could lead to hatred, commission of crime, psychological disorders
and other complications. Sometimes in a bid suppress these feelings or to spite at
the divorced spouse a spouse may rush into another marriage which may suffer
similar fate as the previous marriage.

Divorced couple may also suffer social stigma which may be inevitable, for
example, it is not unusual for divorces to be derided by community, friends and
relatives will ask awkward questions, the estranged couple will lose each other’s
relatives and friends, the help of relatives, welfare and other organizations to look
after the children may have to be sought.10 Due to low self esteem and loneliness,
there is the likelihood for the woman to be sexually assaulted.

A divorced husband or wife may be saddled with added responsibilities and roles,
particularly with regard to care of the children; he or she has to be both father and
mother to the children. Some mothers may even have to go out and work to
maintain their children while those working may have to find another job so as get
better income to maintain the children.

Problems and Effects on the Children

In every divorce, the children are likely to be affected psychologically most. They
are the victims of the differences of their parents. This is because at tender age,
children are very sensitive and good observers. Divorce introduces a massive
change into the life of a boy or girl no matter what the age. Witnessing loss of
love between parents, having parents break their marriage commitment, adjusting
to going back and forth between two different households, and the daily absence
of one parent while living with the other, all create a challenging new family
circumstance in which to live. In the personal history of the boy or girl, parental
divorce is a watershed event. Life that follows is significantly changed from how
life was before. Somewhat different responses to this painful turn of events occur
if the boy or girl is still in childhood (up through about age 8 or 9) or has
entered adolescence (beginning around ages 9 - 13). Basically, divorce tends to

10
http://app2.syariahcourt.gov.sg/syariah/front-end/AbtDivorce_EffectsOfDivorce_E.aspx
Nigeria Islamic Law Journal (NILJ) Essays in Honour of Hon. Justice MM Akanbi, CFR,
PCA (Rtd)
ISSN 2350-1960

9 Nigeria Islamic Law Journal

intensify the child's dependence and it tends to accelerate the adolescent's

independence; it often elicits a more regressive response in the child and a more
aggressive response in the adolescent.11

Due to divorce and its associated problems, divorced couples may think more of
their own feelings while disregarding their children’s feeling, thus making the
children feel unwanted and if this is not corrected, they may develop a negative
attitude towards their parents and marriage.

The effects of divorce on the children includes amongst others

Anti Social behaviours

These behaviours may include misbehaving to the parents, disrespecting them,

hating them, not listening to them or taking their advice, disliking and haven
distrust for the opposite sex, etc. Disregard for the parents will not allow for the
proper training of the children but rather will lead to development of poor
perspective of life. While some children may marry early due to loneliness and
eagerness to be free from parental control, some other children may detest
marriage and take up promiscuity in its stead.

Smoking Habits

In a study published in the March 2013 edition of Public Health, researchers at

the University of Toronto found that both sons and daughters of divorced families
are significantly more likely to begin smoking than peers whose parents are
married. In an analysis of 19,000 Americans, men whose parents divorced before
they turned 18 had 48 percent higher odds of smoking than men with intact
families. Women had 39 percent higher odds of picking up the habit. Lead author
Esme Fuller-Thomson called the link "very disturbing."12

Poor Math and Social Skills

11
Carl Pickhardt, http://www.psychologytoday.com/blog/surviving-your-childs-
adolescence/201112/the-impact-divorce-young-children-and-adolescents
12
http://theweek.com/article/index/242059/9-negative-effects-divorce-reportedly-has-on-children

Edited by Prof. Zakariya I. Oseni, Ph.D, Nurein T. H. Dindi, Ph.D,

Abdulmajeed Abdulrazaq Alaro, Ph.D, Dalhat Adamu, LLM
ibrahimbabalolao@gmail.com
 10 Essays in Honour of Hon. Justice MM Akanbi, CFR, PCA(Rtd)

A 2011 study by the University of Wisconsin-Madison found that children of

divorced parents often fall behind their classmates in math and social skills, and
are more likely to suffer anxiety, stress, and low self-esteem. The reason that math
skills are affected is likely because learning math is cumulative. "If I do not
understand that one plus one is two," lead researcher Hyun Sik Kim says, "then I
cannot understand multiplication." Kim says it is unlikely that children of divorce
will be able to catch up with their peers who live in more stable families.13

An Increased likelihood of Dropping out of School

A 2010 study found that more than 78 percent of children in two-parent

households graduated from high school by the age of 20. However, only 60
percent of those who went through a big family change — including divorce,
death, or remarriage — graduated in the same amount of time. The younger a
child is during the divorce, the more he or she may be affected. Also, the more
change children are forced to go through, like a divorce followed by a remarriage,
the more difficulty they may have finishing school.14

A Propensity for Crime

In 2009, the law firm Mishcon de Reya polled 2,000 people who had experienced
divorce as a child in the preceding 20 years. And the results did not paint a
positive picture of their experiences. The subjects reported witnessing aggression
(42 percent), were forced to comfort an upset parent (49 percent), and had to lie
for one or the other (24 percent). The outcome was one in 10 turned to crime, and
8 percent considered suicide.15

Greater Chance of Getting Divorced

University of Utah research Nicholas H. Wolfinger in 2005 released a study
showing that children of divorce are more likely to divorce as adults. Despite
aspiring to stable relationships, children of divorce are more likely to marry as
teens, as well as marry someone who also comes from a divorced
family. Wolfinger's research suggests that couples in which one spouse has
divorced parents may be up to twice as likely to divorce. If both partners
experienced divorce as children they are three times more likely to divorce
13
Ibid.
14
Ibid.
15
Ibid.
Nigeria Islamic Law Journal (NILJ) Essays in Honour of Hon. Justice MM Akanbi, CFR,
PCA (Rtd)
ISSN 2350-1960

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themselves. Wolfinger said one of the reasons is that children from unstable
families are more likely to marry young.16

In addition to these, children could suffer the following:

(i) Sense of being deprived of parental love

(ii) Separation from siblings
(iii) Sense of guilt, embarrassment, insecurity and loss of self confidence
(iv) Depression
(v) Anxiety
(vi) Loss of concentration in studies

Problems and Effects on the Society

Violence: Divorce encourages violence, this is because upon divorce, the

relationship between the families of the divorced couple may turn sour, leading to
hatred and mistrust between them and thus they tend to be aggressive to each
other and may not hesitate to unleash their vengeance even on very trivial issues.

Disunity: Divorce encourages disunity in the society, this is so where the couple
are from different tribes (inter tribal marriage) and where such marriage was
dissolved due to irreconcilable dispute. Each family point accusing finger at the
other family for breaking the marriage and they adopt the inductive reasoning by
using the marriage of their child to another tribe as a general authority for
marriage to that tribe. They discourage not only their family but any person who
cares to listen from marrying from such tribe. It is due to this that we hear
statements such as the Hausa, Yoruba, Igbo, Fulani, Nupe, Ijaw, Benin, Tiv are
these or that.

Sexual assault and Child abuse: Where either of the spouses after divorce fails
to shoulder his or her responsibility (most especially the man), the children might
not be catered for therefore exposing them to abuses while striving to make a
living. For instance where the maintenance of the children is left solely on the
mother who has little income, the children might have to start fending for
themselves at a very tender age. They may be trafficked, sexually assaulted,
16
Ibid.

Edited by Prof. Zakariya I. Oseni, Ph.D, Nurein T. H. Dindi, Ph.D,

Abdulmajeed Abdulrazaq Alaro, Ph.D, Dalhat Adamu, LLM
ibrahimbabalolao@gmail.com
 12 Essays in Honour of Hon. Justice MM Akanbi, CFR, PCA(Rtd)

forced into child labour, begging etc., the mother is also not left out as she is also
prone to sexual assault.

Crime: where divorce leads to lack of proper moral up bring, there could be an
increase in children with anti social behaviours which thus increase the crime rate,
since such children are likely to treat laws and morals with impunity and take
crimes such as stealing, robbery, prostitution, financial crimes etc. as a lifestyle.

Poverty: Where a father fails to discharge his financial obligation towards his
children, there will be a financial strain on the woman which makes her poor since
she has to spend more without an increase in income. The children will not be
exposed to much opportunities, since good living increases opportunities. For
instance an educated person who is also an artisan has more opportunities than a
stack illiterate and an educated person who has no skill. Where such children are
unable to complete their education, they will have to limit themselves to menial
job.

Conclusion

We have seen from the brief exposition above the conditions when divorce can be
sought as well as the various methods laid down by Islam for the resolution of
marital conflicts as a means of preventing divorce.

Divorced couple must rise to their responsibility and support each other in respect
of the children’s wellbeing.

While it is true that in many cases a partner in marriage has to take this painful
decision (divorce), it is also true that a divorce may not be the best solution to the
problem.

It is clear that even though divorce is lawful, Islam strongly discourages divorce.
Divorce always has negative effects on the affected couples, on their children,
their families and the community at large.

It also pertinent that a spouse fulfil his or her obligation despite the fact that the
marriage has been dissolved, this is because some spouses tend to abandon their
responsibilities which Allah (swt) has placed upon them, for instance there are
cases where women abandon their infant child who may still be sucking in total
disregard to Shari'ah. Divorce does not discharge the duties of the mother to nurse
her children; it should also be borne in mind that divorce does not discharge the
duty of maintenance of the children which has been placed upon the husband.
Nigeria Islamic Law Journal (NILJ) Essays in Honour of Hon. Justice MM Akanbi, CFR,
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Islamic law puts the burden of maintenance of male and female children on the
shoulders of their fathers, while that of the male lasts until he attains puberty that
of the female terminates when she is married and will revert back to the father if
she is divorced. The aforesaid is based on the Injunction of Allah (swt) when He
said Q2:233

"The mothers shall give suck to their children for two whole years,
(that is) for those (parents) who desire to complete the term of
suckling, but the father of the child shall bear the cost of the mother's
food and clothing on a reasonable basis. No person shall have a
burden laid on him greater than he can bear. No mother shall be
treated unfairly on account of her child, nor father on account of his
child. And on the (father's) heir is incumbent the like of that (which
was incumbent on the father). If they both decide on weaning, by
mutual consent, and after due consultation, there is no sin on them.
And if you decide on a foster suckling-mother for your children, there
is no sin on you, provided you pay (the mother) what you agreed (to
give her) on reasonable basis. And fear Allâh and know that Allâh is
All-Seer of what you do."

This verse goes further to discourage frivolous and punitive request by women for
the maintenance of the children this is so because some women tend to make
exorbitant financial request from their divorced husband so as to punish him. Also
some men may refuse to provide maintenance for the children thereby causing
emotional and financial strain on the divorced wife. This is why it has been stated

Q2:233 "No mother shall be treated unfairly on account of her child,

nor father on account of his child".

Divorce is not a simple matter and therefore it should not be treated lightly. It is
important to note base on the authorities that every couple should avoid divorce
by all means and to seek it only as a last resort when it is totally impossible to
keep the marriage.

Also, due to the problems and effects of divorce, it is therefore necessary for
couples contemplating divorce to also put into consideration the fate of their
children before pronouncing divorce. Where however, divorce is unavoidable, the

Edited by Prof. Zakariya I. Oseni, Ph.D, Nurein T. H. Dindi, Ph.D,

Abdulmajeed Abdulrazaq Alaro, Ph.D, Dalhat Adamu, LLM
ibrahimbabalolao@gmail.com
 14 Essays in Honour of Hon. Justice MM Akanbi, CFR, PCA(Rtd)

couple should ensure that the divorce does not sever the relationship between
them and their children.

Children are sensitive and thus when they lose something; they become angry,
anxious and tend to hate those responsible (intentionally or unintentionally) for
their problems.

The contempt or dislike parents have for each other must not be made known to
the children or expressed through them.

Let us always bear in mind the hadith of the Prophet

“the lawful thing that is most detested by Allah is divorce.” (Narrated

by Abu Daud and Hakim).