Comparative Analysis of Spousal Rights Within Nigeria's Pluralist Legal System: A Desk-Based Study with Focus on Zamfara State

Abstract : The tripartite legal system of Nigeria, which consists of Sharia law, customary law, and statutes, has produced a sophisticated framework for controlling family relationships. This complexity is most apparent in the determination and safeguarding of spousal rights, particularly in areas such as Zamfara where Islamic law is officially enforced. This study conducts a rigorous, desk-based examination of the definition, interpretation, and enforcement of spousal rights and obligations within various concurrent legal systems. This study examines the conceptual underpinnings and practical ramifications of legal pluralism on marital relationships in Zamfara State, relying exclusively on secondary sources including as legal documents, scholarly commentaries, court rulings, and human rights reports. Special focus is placed on fundamental matters including maintenance, marital relations, spousal consent, and divorce. The comparative study shows not only where the laws are similar, but also where they are at odds, which makes it harder for women to get justice and preserve their marriages. This study argues that Nigeria’s fragmented legal system needs to be clearer and more consistent so that it can be more fair and uphold a more consistent vision of justice in marriages.