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The consequences of family breakdown in post-independence Nigeria : a case study of Borno state

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Usman, Hamidu Bagwan (1989) The consequences of family breakdown in post-independence Nigeria : a case study of Borno state. PhD thesis, University of Warwick.

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Abstract

This is a study of the social and legal consequences of
family breakdown in Nigeria as a whole but with specific
reference to Borno State. It examines the effects of family
breakdown on the husband and wife or wives and their children
under the General Laws, Customary Law and Islamic Law of the
people of Maidugurij Biu, and Gwoza areas of Borno State. The
study covers the post-Independence period-i. e from 1960 to
today.
The aim of the study is to show how the social and
economic changes in society affect the family at divorce.
Although social change is part of any society, this study
shows that the formal law on family breakdown and its
consequences have not kept pace with social change, and that
the dichotomy between state law and customary or Islamic law
on family breakdown exists only in court. Thus the authority
of the extended family, and within it, the dominance of men
over womens, has not been specifically disturbed by the
increasing Westernisation and rural-urban migration that has
taken place since Independence. It is under this situation
that the rights of women, property settlement on divorce,
maintenances, and custody of children, as the main indicators
of the consequences of family breakdown in any society has to
be gauged.
The role of the law and the state is also discussed. We
argue that all the post-Colonial governments in the Federation
were responsible for the present deplorable condition of
victims of family breakdown not only in Borno State but
throughout the country. Thus there has been no state-provided
Social welfare to cater for deserted wivest children, and
destitutes despite the ever increasing needs of such persons
in a society that is rapidly changing. It is within this
context that the effect of family breakdown on the people of
Borno State is examined. The study argues that the various
state authorities in Nigeria tend to abandon their
responsibility to the family to the traditional customary
institutions, such as the extended familyf which are now
incapable of meeting the needs of victims of family breakdown.
Moreoveri, the traditional family based economic system does
not help women on divorce because it is predicated on the
traditional power structure within the home which is in favour
of men. on divorce, women are invariably left high and dry#
and with few alternatives than to return home to their parents
or other extended family members for support.

Item Type: Thesis (PhD)
Subjects: H Social Sciences > HQ The family. Marriage. Woman
K Law [LC] > KN Asia and Eurasia, Africa, Pacific Area, and Antarctica
Library of Congress Subject Headings (LCSH): Divorce -- Nigeria -- Borno (State), Welfare state -- Nigeria, Nigeria -- History -- 1960-
Official Date: December 1989
Dates:
DateEvent
December 1989Submitted
Institution: University of Warwick
Theses Department: School of Law
Thesis Type: PhD
Publication Status: Unpublished
Supervisor(s)/Advisor: Paliwala, Abdul
Extent: xxii, 406 p.
Language: eng

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