Islamic cleric, Sheikh Ahmad Gumi, has raised concerns that procedural delays, evidentiary requirements and limited access to justice in some Sharia courts in Nigeria may be forcing women in abusive marriages to sacrifice their legal and financial rights to secure freedom.
Gumi, who spoke in Kaduna on Monday, said women should not be compelled to remain in marriages that expose them to abuse, harm or toxic conditions, stressing that Islamic law provides several lawful mechanisms for ending such unions.
According to him, some women who may have valid grounds for judicial annulment often resort to khul‘, a form of divorce initiated by the wife, because it can provide a quicker route out of a troubled marriage.
He explained that under khul‘, a woman may return her dower or provide compensation to her husband to obtain a divorce, even where she is unable to establish specific fault or harm.
Gumi, however, noted that women facing abuse could, in appropriate circumstances, qualify for faskh, or judicial annulment, which may allow them to dissolve the marriage without surrendering their dower.
He identified physical, emotional and psychological abuse, failure by a husband to provide maintenance, prolonged abandonment and certain serious marital defects among grounds that could justify judicial annulment.
The cleric lamented that corruption, case backlogs, procedural delays and stringent evidentiary requirements in some Sharia courts could prevent vulnerable women from accessing timely justice.
He said the situation could result in women who have legitimate grounds for judicial dissolution choosing khul‘ simply because they want a faster exit from an abusive marriage.
Gumi argued that when such women are forced to forfeit their dower despite having grounds that could potentially entitle them to retain it, the gap between Islamic legal principles and their practical application becomes a major concern.
He therefore called for improved access to justice and greater awareness among women about the legal remedies available to them under Islamic law.
Gumi also stressed the importance of arbitration and mediation where reconciliation remains possible, citing Qur’an 4:35, which provides for the appointment of arbitrators from both families when marital disputes become serious.
However, he maintained that where reconciliation is no longer possible and a marriage has become harmful, Islamic law provides lawful avenues for separation and women should not be trapped indefinitely.
