• About
  • Advertise
  • Contact
Friday, June 20, 2025
  • Login
Vital News
  • Frontpage
  • Business
  • Economy
  • Politics
  • National
  • Opinion
  • Sports
  • More
    • Crime
    • Judiciary
    • Security
No Result
View All Result
  • Frontpage
  • Business
  • Economy
  • Politics
  • National
  • Opinion
  • Sports
  • More
    • Crime
    • Judiciary
    • Security
No Result
View All Result
Vital News
No Result
View All Result
Home Judiciary

Can A Muslim Man Marry More Wives If He’s Married Under The Marriage Act Or To A Christian? By Victor E

Vital News by Vital News
September 24, 2024
in Judiciary, Opinion
0
How Ogun PDP Gave Out Prepaid Cards on Election Day – Party Agent Tells Court
Share on FacebookShare on Twitter

Can A Muslim Man Marry More Wives If He’s Married Under The Marriage Act Or To A Christian?

By Victor E

CASE TITLE: MOHAMMED & ORS v. MOHAMMED & ANOR (2024) LPELR-62831(CA)

JUDGMENT DATE: 23RD AUGUST, 2024

JUSTICES: MUHAMMED LAWAL SHUAIBU, JCA,

RelatedStories

The Folly Of A War With Iran by Chris Hedges

OF PROPHECIES AND REALITIES IN TODAY’S WORLD by Taiye Olaniyi

LPPC Shortlists 74 Lawyers For SAN Rank, Calls For Public Scrutiny

Gender Equity In Judiciary : Lagos, Kano Lead In Female Judge Appointments

ABUBAKAR MUAZU LAMIDO, JCA

MOHAMMED AHMED RAMAT, JCA

DIVISION: KANO

PRACTICE AREA : ISLAMIC LAW AND PROCEDURE

FACTS :

This appeal challenges the judgment of the Sharia Court of Appeal of Kwara State, which overturned an earlier ruling by the Upper Area Court I, Ilorin.

The appellants, as plaintiffs, had initiated a suit seeking the distribution of the estate of the late Major Mohammed Arogun Adeniyi in accordance with Islamic law, including a claim for 23.5 million naira and the return of the deceased’s personal belongings.

The 2nd respondent, the deceased’s wife, contested the jurisdiction of the Upper Area Court, arguing that the deceased was a Christian married under the Marriage Act and his estate should be inherited according to the Administration of Estates Law of Kwara State, excluding the appellants.

The Upper Area Court dismissed this objection, assuming jurisdiction to apply Islamic law.

However, the Sharia Court of Appeal reversed this decision, ruling that Islamic law did not apply, as the deceased was not Muslim. Dissatisfied with this ruling, the appellants filed the present appeal.

ISSUES FOR DETERMINATION:

The Court considered:

Whether the Court below was right in holding that the Administration of Estate Law of Kwara State was the applicable law to govern the administration of estates of the late Major Mohammed Adeniyi and not Islamic Law.

Whether the learned Kadis of the Court below were not in error when they held that the Appellants’ suit was an abuse of Court process having regard to the suit No. KWS/2/2020 before High Court of Kwara State.

COUNSEL SUBMISSIONS:

The appellants’ counsel argued that the trial Court had jurisdiction to entertain their claims under Islamic law, as the appellants sought the surrender of the deceased’s entitlements and personal belongings for distribution according to Islamic law. Citing Section 17 of the Area Court Law Cap A9 Laws of Kwara State, 2006, counsel maintained that the Upper Area Court had unlimited jurisdiction in succession matters involving Islamic law, regardless of the estate’s value.

Counsel disagreed with the trial court’s ruling that the deceased’s marriage under the Marriage Act meant the Administration of Estates Law of Kwara State applied rather than Islamic law.

He contended that the deceased, being Muslim, was bound by Sharia law and could not opt for another legal framework for estate distribution, citing the Quran and Islamic legal principles.

He also argued that denying the application of Islamic law infringed upon the appellants’ constitutional right to religious freedom, relying on Section 38 of the 1999 Constitution.

Furthermore, counsel submitted that the trial Court’s interpretation of the Marriage Act, which deemed the deceased’s marriage monogamous and not subject to polygamy, was incorrect. He contended that Section 35 of the Marriage Act only addresses marriages under customary law, not Islamic law, and cited cases to support this distinction.

Finally, the appellants’ counsel emphasized that Islamic law is distinct from customary law, as it is a universal system not limited to any particular tribe, quoting the Supreme Court’s decision in Alkamawa v. Bello & Anor.

The respondents neither appeared nor filed any process.

DECISION/HELD :

The appeal was allowed.

RATIO :

ISLAMIC LAW AND PROCEDURE: ISLAMIC LAW MARRIAGE: Whether marriage under the Marriage Act or marriage to a Christian by a Muslim man implies a renunciation of his Islamic faith or prevents him from marrying other legally permissible wives, “it is also pertinent to note that there is no argument as to the fact that the deceased, who lived and died as a Muslim, was free to marry a Christian woman.

The fact that he married the 2nd Respondent under the Marriage Act does not mean that he renounced his Islamic faith.

Furthermore, the deceased, being a Muslim, was also entitled to marry up to a maximum of four wives at a given time.

Thus, his subsequent marriages under Islamic Law, which he had chosen, were therefore in consonance with his constitutionally guaranteed right under Section 38 (1)(a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
(BarristerNG/ vitalnewsngr.com)

 

 

Tags: actMarryMuslimwives
Previous Post

Adeleke Reduces Work Days To Three, Four Days For Osun Workers

Next Post

CBN Hikes Interest Rate From 26.75pct To 27.25pct

Vital News

Vital News

RelatedStories

The Folly Of A War With Iran by Chris Hedges
Foreign

The Folly Of A War With Iran by Chris Hedges

June 19, 2025
OF PROPHECIES AND REALITIES IN TODAY’S WORLD by Taiye Olaniyi
Opinion

OF PROPHECIES AND REALITIES IN TODAY’S WORLD by Taiye Olaniyi

June 18, 2025
LPPC Shortlists 74 Lawyers For SAN Rank, Calls For Public Scrutiny
Judiciary

LPPC Shortlists 74 Lawyers For SAN Rank, Calls For Public Scrutiny

June 18, 2025
Gender Equity In Judiciary : Lagos, Kano Lead In Female Judge Appointments
Judiciary

Gender Equity In Judiciary : Lagos, Kano Lead In Female Judge Appointments

June 18, 2025
Police Arraign Ekiti Woman For Reneging On Marriage Promise After Collecting N607,500 From Suitor
Judiciary

Two Lawyers, Real Estate Developer Arraigned For Forgery Of Demolition Notice From Governor’s Office

June 17, 2025
Next Post
CBN Hikes Interest Rate From 26.75pct To 27.25pct

CBN Hikes Interest Rate From 26.75pct To 27.25pct

Labour Party Condemns NLC Over Secretariat Invasion

Labour Party Commends INEC Over Free, Fair, Credible Edo Guber Poll, Says Obi Intellectually Dubious, Dishonest To Condemn Outcome

Police Ban Sanusi, Ado Bayero From Conducting Durbar Activities During Eid -el-kabir

5 Police Officers Killed, 11 Others Injured In Kano Road Crash

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Follow Us

Recommended

Nigerian Troops Eliminate Over 50 Terrorists

Nigerian Troops Eliminate Over 50 Terrorists

2 years ago
No Single Nation Can Walk The Road To Sustainability Alone – Tinubu To Global Audience In Abu Dhabi

No Single Nation Can Walk The Road To Sustainability Alone – Tinubu To Global Audience In Abu Dhabi

5 months ago
Tinubu Denies Secret Meeting With G-5 Governors, Off To Saudi For Lesser Hajj

Tinubu Parleys NESG, Unveils Economic Plans

2 years ago
Only Candidates Recognise By Me Will Participate In Kogi, Imo, Bayelsa Guber Election – Apapa

Only Candidates Recognise By Me Will Participate In Kogi, Imo, Bayelsa Guber Election – Apapa

2 years ago

Instagram

    Please install/update and activate JNews Instagram plugin.

Categories

  • Agriculture/ Water/ Mineral
  • Aviation
  • Business
  • Crime
  • Culture
  • Economy
  • Education
  • Entertainment
  • Environment
  • Football
  • Foreign
  • Gender
  • Health
  • Judiciary
  • Labour
  • National
  • News
  • Oil & Gas
  • Opinion
  • Opinion
  • Politics
  • Power
  • Religion
  • Security
  • Sports
  • Transport
  • Uncategorized

Topics

Abiodun Abuja APC arrest Atiku Bandits Bello Benue Buhari CBN Court Dangote death dies drugs Economy EFCC Election elections FG gunmen Hajj INEC Kano kidnap Kill Kogi Kwara Lagos NDLEA Niger Nigeria Ododo Ogun Oyo PDP Police Power refinery rescue road Security students Tinubu Women
No Result
View All Result

Highlights

The Folly Of A War With Iran by Chris Hedges

Current Economic Hardship Should Not Be Blamed On President Tinubu – Sunday Babalola

At Real Estate Federation World Congress, Osinbajo, Sanwo-Olu Commend Housing Professionals

Advocate Urges FG To End Conflict-related Sexual Violence

OF PROPHECIES AND REALITIES IN TODAY’S WORLD by Taiye Olaniyi

Joint Task Force Arrests 26 Suspected Kidnappers In Kogi

Trending

Environment

Lagos Shuts Oko Oba Abattoir Over Poor Sanitary Condition, Waste Mismanagement

by Vital News
June 19, 2025
0

Lagos State Government has shut down the popular Oko Iba Abattoir at Agege area of the state...

Aliko Dangote Foundation Donates 40,000 Bags Of Rice to PLWDs, Vulnerable In Ogun

Aliko Dangote Foundation Donates 40,000 Bags Of Rice to PLWDs, Vulnerable In Ogun

June 19, 2025
Oyo Community Leader, Alhaja Nusirat Kadewolu Adeyemi Dies At 98

Oyo Community Leader, Alhaja Nusirat Kadewolu Adeyemi Dies At 98

June 19, 2025
The Folly Of A War With Iran by Chris Hedges

The Folly Of A War With Iran by Chris Hedges

June 19, 2025
Current Economic Hardship Should Not Be Blamed On  President Tinubu – Sunday Babalola

Current Economic Hardship Should Not Be Blamed On President Tinubu – Sunday Babalola

June 19, 2025
ADVERTISEMENT
Vital News

Vital News is an online newspaper with a mission to uphold professional journalism by reporting and publishing only facts and figures-based news reports across Nigeria and beyond.

Recent News

  • Lagos Shuts Oko Oba Abattoir Over Poor Sanitary Condition, Waste Mismanagement June 19, 2025
  • Aliko Dangote Foundation Donates 40,000 Bags Of Rice to PLWDs, Vulnerable In Ogun June 19, 2025
  • Oyo Community Leader, Alhaja Nusirat Kadewolu Adeyemi Dies At 98 June 19, 2025

Categories

  • Agriculture/ Water/ Mineral
  • Aviation
  • Business
  • Crime
  • Culture
  • Economy
  • Education
  • Entertainment
  • Environment
  • Football
  • Foreign
  • Gender
  • Health
  • Judiciary
  • Labour
  • National
  • News
  • Oil & Gas
  • Opinion
  • Opinion
  • Politics
  • Power
  • Religion
  • Security
  • Sports
  • Transport
  • Uncategorized

© 2022 Vital News - . All Rights Reserved.

No Result
View All Result
  • Frontpage
  • Business
  • Economy
  • Politics
  • National
  • Opinion
  • Sports
  • More
    • Crime
    • Judiciary
    • Security

© 2022 Vital News - Vital News by Vital News.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In