Abstract
Marriage according to Islamic law is a special contract, concluded on the basis of love, which causes compassion between the spouses and others. However, there may be circumstances in which a couple can no longer live together in harmony in their marital relationship; therefore, their continuation is no longer considered desirable. Divorce is allowed as a solution to prevent the greatest evil that can result from the continuation of the marriage. In Islamic law, men have the direct power to divorce, while women have the same power; by HUL (self-recovery), who asks him to make amends instead of parting. The assessment of the amount of compensation to be paid by the wife remains a matter of great controversy, even among the judges of the Sharia court of appeal in Kano state, Muslim scholars and legal practitioners in Kano state. For example, in its decision, the court grants hula an amount equal to Sadak paid, while in other; other cases, he grants a higher amount to Sadak paid, even if all the cases have the same fact and the same circumstances, and the court usually does it without any justification. The criteria used by the judges of the Kano State Sharia Court of Appeal to determine the amount of Hula payable by the wife therefore remain uncertain and unclear. In addition, the increasing divorce rate in Kano state under the KHUL process is alarming. These anomalies are at the origin of this study aimed at determining the criteria used by the Sharia Court of Appeal to evaluate the remuneration to be paid for the HUL, to determine the level/magnitude of the increase in the number of HUL in Kano state and to propose recommendations to solve the problem(s).The work combines two types of methodologies: doctrinal (text-based method) and empirical (includes the administration of the investigation and the observation of the minutes).It was found that, although the judges of the Court of Appeal; Kano State Sharia courts respect the provisions of Sharia law, they don't have standard criteria in this regard. For example, in most of the court decisions examined, the amount was increased by the court without explaining the reasons for the increase. The incidence rate of hula in Kano state increased between 2014 and 2016, but with fluctuations. The work therefore recommends that the Grand Hadi of Kano State incorporate into the rule of the court that all judges must indicate in their decision a factor that they have taken into account and evaluated to determine the amount granted.
CHAPTER ONE
INTRODUCTION
Background of the study
One of the very unique attributes of Islamic law that distinguishes it from other so-called laws is its completeness. It covers all aspects of human life, ranging from the act of worship (Ibadat), social transactions (muamalat) and other issues/disciplines to which marriage refers. For example, Islam establishes, among other things, rules governing the marriage contract, the settlement of family relations and termination when it becomes necessary.
The institution of marriage in Islamic law is one of the most important institutions that is receiving considerable attention, as a legitimate means of emotional and sexual satisfaction, as a mechanism for reducing tensions and control, as a means of having legitimate children and as a means of achieving equality; love, peace and tranquility between the spouses concerned.1 Other wisdom or goals behind marriage include the defense of morality, socialization and value orientation, as well as motivation for efforts and self-sacrifice.2 . in
Chickens"in 30, verse 21 says: ةدىم مكُب معجو بهُنإ اىىكستن بجوصأ مكسفوأ هم مكن قهخ نأ هتَاءهمو "...تمحسو"and of his signs-that he created for you of yourselves, that you could stay at peace with them; and he put love and mercy between (Harts)
...") 3 (this position was legally confirmed by the Court of Appeal in the case of Usman V. Usman (2003) NWLR (article 830), which ruled as follows: "The Institution of marriage in Islam is of great importance, it aims to promote love, peace, tranquility, kindness, unity, harmony, the progress of tolerance and prosperity It is discouraging
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