Court allows woman to divorce husband who asked her to find him a new wife first
Sharia Court
Court allows woman to divorce husband who asked her to find him a new wife first
The News Agency of Nigeria (NAN) reports that the judge, Muhammad Wakili, dissolved the marriage in accordance with Islamic law, following Hamza’s prayer for divorce on the said grounds.
Wakili also ordered Hamza to pay back Mohammed the ₦60,000 dowry he paid during the marriage, after which, he said, that a certificate of divorce would be issued.
He cited pages 93 and 94 of Tuhfatul Hukkam, an Islamic law book, which states that, “Whatever is given to a wife by her husband, such as clothes or jewellery, which are intended or in a nature of gifts, shall not be taken back from the wife; it is not refundable.”
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The judge said that based on that authority, the sum of ₦100,000 for clothes, which Mohammed asked his estranged wife to return to him, was not claimable. He, however, ordered Hamza to observe “Iddah,” an observation period of three months after the judgement before contracting another marriage.
Earlier, Mohammed had told the court that he would grant his wife a divorce if she paid him ₦160,000, following her petition for divorce.
“If she wants a divorce, she has to get me another wife. I want my wife to pay me all I spent on her at our wedding.
“I paid ₦60,000 as dowry to marry my wife and spent ₦100,000 for her clothes. I insist that she must pay me back the total sum,” he said.
In response, the plaintiff said that if it was appropriate for her, in accordance with Islamic injunctions, to get a wife for her estranged husband before she could be granted the divorce, she would do so.
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