Muslim Marriage under Islamic Law after Registry Marriage in Nigeria: Legal Clarifications
Summary: 1. Registry marriage under the Marriage Act does not prevent a Muslim man from marrying additional wives under Islamic law. 2. Islamic law is distinct and codified, unlike customary law. 3. The right to marry multiple wives under Islamic law is protected as a fundamental religious right under Section 38 of the Nigerian Constitution. 4. Courts uphold the coexistence of statutory and Islamic marriage laws, ensuring religious freedom and legal pluralism.
Recent landmark rulings by the Nigerian Court of Appeal and Supreme Court have clarified the legal position of Muslim men who marry under the statutory Marriage Act (registry marriage) and subsequently marry additional wives under Islamic law.
In Mohammed and others vs Muhammed and others (2024), the Court of Appeal affirmed that a Muslim man who has married under the Marriage Act is still entitled to marry up to four wives under Islamic law. The registry marriage does not extinguish or limit his right to contract further marriages according to his religion. This ruling underscores the constitutional protection of religious freedom under Section 38 of the 1999 Constitution of Nigeria, which guarantees the right to freely practice one’s religion.
The Alkama vs Bello case further distinguishes Islamic law from customary law. Islamic law is codified and written, whereas customary law is largely unwritten and subject to validity tests. The courts have emphasized that Islamic law is a distinct legal system with its own rules and protections, especially regarding marriage and family matters.
Importantly, the courts have ruled that denying a Muslim man the right to marry up to four wives under Islamic law after a registry marriage constitutes a violation of his fundamental right to religion. This decision reinforces that Islamic marriage laws operate alongside statutory laws without conflict, respecting Nigeria’s plural legal system.
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