ISLAMIC LAW AND THE RIGHTS OF WOMEN IN POLYGYNOUS MARRIAGES: AN EMPIRICAL STUDY OF ILORIN METROPOLIS, KWARA STATE, NIGERIA

Abstract

Polygyny is a legally recognized form of marriage under Islamic law, provided the husband adheres to the conditions and responsibilities set by the Sharīʿah, including justice, maintenance, fair treatment, and respect for each wife’s rights and dignity. While permitted in Islam, its practice in modern Muslim communities has raised concerns about the effective protection of women’s rights. This research evaluates the rights of Muslim women in polygynous marriages in Ilorin Metropolis, Kwara State, Nigeria. It examines the rights afforded to women under Islamic law, including maintenance, fairness, dower (mahr), inheritance, emotional and physical health, dignity, respect, and safety, and assesses how well these rights are upheld in practice. Using a qualitative approach, the study draws on primary data—collected through interviews and questionnaires in Ilorin—and secondary sources, including the Qur’an, Sunnah, Islamic legal texts, legislation, court rulings, and scholarly works. Guided by Sharīʿah principles such as justice, family preservation, human dignity, and harm prevention, the study expects to identify a gap between the rights recognized by Islamic law and their enforcement in some polygynous marriages. Factors such as limited awareness of Islamic marital rights, financial hardship, unequal treatment, emotional neglect, communication issues, and cultural customs may lead to violations or the denial of women’s rights. Accordingly, the study recommends enhanced Islamic legal education, greater awareness of women’s marital rights, responsible practice of polygyny, and stronger family and community measures to address violations. It concludes that, when practiced in accordance with the Sharīʿah, polygyny should not compromise the rights and dignity of Muslim women.