Author(s): Magaji Chiroma , Mohammed Idris

In 2021 Journal VoL. 6

By UNIMAID JICOL

ABSTARCTIt is an established fact that women are the most vulnerableand severely targeted group during and after armedconflicts. Frequently, they are faced with different forms ofhuman rights violations including Gender Based Violence(GBV) or better put as Violence Against Women (VAW).In most cases such violence if committed during armedconflicts will constitute different levels of grave breachesof international humanitarian and human rights laws.Although, GBV/VAW, apart from being a violation ofhuman rights, can equally be considered as a threat to peaceand eventually amounts to inequality and injustice. To thiseffect, several attempts, including setting up legalmechanisms have been made by the international, regionaland national bodies to tackle the menace but to no avail. Anumber of treaties and resolutions intended specifically toprevent these violations with a view to bringingperpetrators to book have been severally adopted by manystakeholders including penal repression and provision ofadequate compensation. To this effect therefore, this article  is aimed at unravelling this lingering problem bedevillingprotection against GBV through the law with a view toproviding pragmatic and realistic measures. However, ithas been identified that apart from the legal mechanismsput in place, other measures too are significant andnecessary. In fact, they always play more significant roletowards effective protection against GBV during and afterarmed conflicts than the strict legal measures; as such, thedemands for injecting moral values in people through civiceducation is considered as necessary. 

Author(s): Magaji Chiroma

In 2022 Journal VoL. 7

By UNIMAID JICOL

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Author(s): Magaji Chiroma , Aishatu Kyari Sandabe

In 2016 Journal VoL.1

By UNIMAID JICOL

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Author(s): Magaji Chiroma , Yusuf Mohammed Yusuf , Goni Usman

In 2017 Journal VoL.2

By UNIMAID JICOL

Marriage is an institution that brings about love, joy, affection and sexualsatisfaction to both husband and wife. One of the objectives of marriage is to promoteprocreation of human nature on the surface of the earth. This obviously stems from thelawful union between the married couples. In Islamic law, the term marriage is referredto as “aqd al-nikah” i.e. the formal contract which signifies the commitments andconsent of both parties to abide by the terms, conditions and lawful stipulations of theagreement as contained in Shari‘ah (Islamic law). Consent is one of the essentials ofmarriage contract under the Islamic corpus juris. Once parties have unequivocallyconsented to get married to one another, they should equally be bound by what theyhave consented to. As a matter of the religious injunction both husband and wife havesimilar and reciprocal rights and duties to one another. One of such rights is the right ofsexual relationship. It is indeed an obligation on a wife to allow her husband have andfulfill his sexual desire, and vise-versa. However, such right and obligation can bederogated and/or waived in some circumstances enumerated by shari‘ah itself. In lightof this therefore, the paper examines the husband’s right to sex under the shari‘ah witha view to analyzing the legal implication, scope and effects of “a marital consent” inIslamic marriage contract. In the end, the paper juxtaposes the position of shari‘ah onthe husband’s right to sex from the notion of marital rape. Finally, the paperrecommends for the enactment of an Islamic Family Code in Muslims dominatedcommunities, with emphasis on provisions of stringent physical punishment on theperpetrators as well as issues of compensation, forfeiture and apology to the victims ofthe violence should be made compulsory.