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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Gender discrimination in the division of property on divorce in Nigeria
Author:Ashiru, M.O.A.
Year:2007
Periodical:Journal of African Law
Volume:51
Issue:2
Pages:316-331
Language:English
Geographic term:Nigeria
Subjects:gender inequality
divorce
marriage law
property rights
women's rights
Abstract:This paper considers how the law in Nigeria discriminates against women in respect of the distribution of property on divorce. In Nigeria, a claim to property on divorce depends on the type of marriage the parties celebrated. There are basically three types of recognized marriages in the country to reflect the multicultural and multiethnic society. These are marriages under statutory law, customary law and Islamic law. The paper considers the property rights of women on the dissolution of marriage under the three different forms of marriage. It also looks at the relevant international and regional instruments and how the judiciary may seek to challenge culturally enshrined discrimination in order to ensure equality in property rights on the dissolution of a marriage between a man and a woman. The paper concludes that women have hardly used the mechanism procedures provided in international human rights instruments. It goes to show that it is not sufficient just to enact laws which affirm the principles of equality and nondiscrimination, but that women must also be given access to justice as laws on their own do not necessarily change beliefs. It also means educating both men and women on these laws. Notes, ref., sum. [ASC Leiden abstract]
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