Polygamy and Marital Property Rights: An Examination of Legal Gaps and Judicial Interpretations in Northern Nigeria

Islamic, customary and statutory law all impact the way marriages work in Northern Nigeria where polygamy is still the most common type of marriage. Polygamous marriages are tolerated in some cultures but they create complicated problems with the rights of spouses to marital property especially for women. This study looks at the laws that govern polygamous marriages and how property rights are understood and enforced in statutory, Islamic and customary settings. The study adopts a doctrinal approach to look at statutory provisions, Shariah principles, customary norms and court decisions to show important legal gaps and contradictions that make it harder for spouses especially women, to settle property disputes. The study also looks into how formal law and traditional practices interact with each other, showing how these tensions make property claims more difficult in polygamous homes. It says that spouses in polygamous marriages will still have weak property rights until there are major changes to the law and better ways to enforce it. The report ends by suggesting legal changes that take into account cultural differences and try to balance protecting property rights with respecting religious and cultural traditions. The results add to the continuing debates in Northern Nigeria concerning family law reform, gender justice and legal pluralism.