• About
  • Advertise
  • Contact
Wednesday, May 28, 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

MURIC Commends Oyo State Customary Court Of Appeal For Upholding Sanctity Of Islamic Marriage

Vital News by Vital News
October 20, 2024
in Judiciary, Religion
0
Collapsed Mosque : MURIC Visits Site, Asks LASG To Rebuild Mosque, Compensate Parents Of Victim Within Six Months
Share on FacebookShare on Twitter

The Muslim Rights Concern (MURIC) has commended the Oyo State
Customary Court of Appeal for upholding the sanctity of marriages conducted under Islamic law.

The human rights organization gave the commendation in a statement signed by its founder, Professor Ishaq Akintola.

Akintola commended the judges who presided over a divorce case in which a Grade ‘A’ Customary Court attempted to dissolve a marriage contracted according to Islamic law.

However, the appellate court , declared that no customary court anywhere in Nigeria has the jurisdiction to determine a case involving an Islamic marriage or the custody of children of an Islamic marriage.

MURIC described the judgement as a landmark decision and an unprecedented eye-opener for Nigerian Muslims.

RelatedStories

GIMP Salutes Turner On Appointment As President Of Religious, Peace-centric University

Governor Uzodimma Sacks Imo Justice Commissioner, Akaolisa

Kogi Heads To Supreme Court Over N1.07 billion Award to Former State Deputy Governor, Simon Achuba

Hajj 2025 : NAHCON Transports 32,549 Pilgrims To Saudi Arabia

Akintola, Founder/Executive Director in the statement dated October 14, 2024 said : “The attempt by a Muslim woman to dissolve her Islamic marriage in a customary court has failed.

“Although, the marriage was conducted more than twenty years ago, the wife instituted suit No. OY/CCGA/IBN/5WD/2021 in a customary court for dissolution when it became clear that things were not working as expected.

“Not satisfied, the husband objected on the ground that their union was originally contracted as an Islamic marriage.

“His lawyer argued that a customary court had no jurisdiction to dissolve an Islamic marriage.

“But the customary court was determined to hear the case.

“The lower Customary Court ruling was delivered in favour of the woman on 26th August 2021.

“Dissatisfied, the husband instituted suit No. CCA/1/22/2022 at the Oyo State Customary Court of Appeal, Ibadan, which ruled in favour of the husband on Monday, 8th April, 2024.

“Counsel to the wife attempted to convince the court that the marriage was held in Yoruba traditional fashion, therefore the Grade A Customary Court had jurisdiction to hear the case.

“But the husband’s counsel contended that it was an Islamic marriage and supported his argument by presenting the marriage certificate which was written in Arabic (Exhibit ‘D’) and translated into English (Exhibit ‘E’).

“The Court considered the translated text of the marriage certificate which reads thus ‘In Islam, marriage is a contract.

“It is formalized with the consent of a guardian, payment of sadaq (dowry) and in the presence of witnesses.

“May the peace and blessings of Allah be upon our leader Muhammad (SAW) who says, ‘Marriage is my tradition and whoever disregards it is not of me.’

“This marriage is conducted in line with the Sunnah of Allah and His Prophet in the presence of a group of Muslims.

“It is held at (venue withheld to protect the identity of litigants),’

“The court inspected the marriage certificate, particularly the signatures of the husband, the wife, the wife’s father, representative of the husband’s father, the Imam and that of the Chief Missioner.

“The Islamic certificate was dated 2nd March, 2002.

“In particular, the learned judges sought to resolve the question whether the Customary court by the law establishing it has the power to determine cases involving Islamic marriage.

“The court relied heavily on Section 14(2) of the Customary Court Law 2018, which gives unlimited jurisdiction to customary courts in cases and matters between persons married under customary law as well as custody of children of couples married under customary law.

“The court interpreted this section of the Customary Court Law 2018 by citing the rule of ‘expressio unis exclusio alterius’ i.e. the mention of only one thing of a class means the silent exclusion of all other things of the class.

” The statue by mentioning marriages conducted under customary system as the special jurisdiction of Grade ‘A’ Customary Courts has excluded marriages conducted according to Islamic law.

“The court therefore ruled that Grade ‘A’ Customary Courts have no jurisdiction to entertain cases concerning Islamic marriage and matters relating to the custody of children of an Islamic marriage.

“To arrive at this conclusion, the court relied on cases determined in like manner by the Court of Appeal in Mandara Vs Amin (2004), Usman Vs Kareem (2006) and AbdusSamad Vs Abdullahi (2015).

“The decision of the Court of Appeal in these cases is that where a plaintiff’s claim is purely a matter of Islamic personal law, no High Court in Nigeria is saddled with the jurisdiction to hear and determine the claims.

“This is indubitably a landmark pronouncement and an unprecedented eye-opener for Nigerian Muslims, particularly those of the Southern part of the country.

“Many Muslim marriages have been wrongly dissolved while the children involved in those marriages had their Allah-given fundamental rights infringed upon as they were wrongfully given out.

“MURIC commends the judges of the Customary Court of Appeal for their boldness, erudition and deep research.

“The depth of analysis exhibited showed their commitment to the naked truth and objectivity.

“They deserve generous encomiums for upholding the sanctity of marriages conducted under Islamic law.

“But a dilemma has emerged with the court rulings.

“If customary courts have no jurisdiction to try cases involving Islamic marriage and the custody of children emanating from such marriage; if even the high courts cannot adjudicate in matters affecting Islamic marriage due to its nature as personal law, which court can Muslims go for family civil matters like divorce, inheritance, child custody, etc, particularly in the whole of Southern Nigeria where there is no single Shariah court.

“This case has exposed the weakness in the judicial system as practiced in Southern Nigeria.

“By failing or by refusing to provide Shariah courts, the state governments of Southern Nigeria (South-West, South-East, and South-South), have ostracized Muslim families in the region from the judicial system.

“Yet these states pride themselves as being upright in their practice of democracy. But can there be democracy in an exclusive system.”
(vitalnewsngr.com)

Tags: IslamicmarriageMURiCrights
Previous Post

TDF Faults World Bank VP’s Position On Obasanjo’s Economic Reforms Of 2003-2007

Next Post

Ododo Swears In 21 New LG Chairmen, Charges Them On Grassroots Development

Vital News

Vital News

RelatedStories

GIMP Salutes Turner On Appointment As President Of Religious, Peace-centric University
News

GIMP Salutes Turner On Appointment As President Of Religious, Peace-centric University

May 27, 2025
Police Arraign Ekiti Woman For Reneging On Marriage Promise After Collecting N607,500 From Suitor
Judiciary

Governor Uzodimma Sacks Imo Justice Commissioner, Akaolisa

May 26, 2025
Governor Ododo Urges Muslims To Imbibe Patience, Sacrifice Compassion As Ramadan Begins
Judiciary

Kogi Heads To Supreme Court Over N1.07 billion Award to Former State Deputy Governor, Simon Achuba

May 26, 2025
Hajj 2025 : CBN Approves Cash-based BTA For Pilgrims To Ease Travel Demands
Aviation

Hajj 2025 : NAHCON Transports 32,549 Pilgrims To Saudi Arabia

May 22, 2025
EFCC Secures Conviction Of 23-Year-Old Cybercrime Kingpin In Ilorin, Assets Worth Over N150mln Forfeited
Crime

EFCC Secures Conviction Of 23-Year-Old Cybercrime Kingpin In Ilorin, Assets Worth Over N150mln Forfeited

May 21, 2025
Next Post
Ododo Swears In 21 New LG Chairmen, Charges Them On Grassroots Development

Ododo Swears In 21 New LG Chairmen, Charges Them On Grassroots Development

LG Poll : 20 NNPP Chairmanship Candidates Test Positive For Drugs In Kano – NDLEA

How We Found Drugs In Kwara Senator's House, Oyelola Ashiru, Arrests His Aides - NDLEA

EFCC Re-arraigns  Ex-Kwara Governor Abdulfattah Ahmed,  Ex-commissioner Over Alleged N5.78bln Fraud

EFCC Re-arraigns Ex-Kwara Governor Abdulfattah Ahmed, Ex-commissioner Over Alleged N5.78bln Fraud

Leave a Reply Cancel reply

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

Follow Us

Recommended

Children Carnival To Foster Peace, Unity, Love – Organisers

3 years ago

MUSWEN Honours Prof. Noibi With Book Launch In Ibadan

3 years ago

Ronaldo Leaves Manchester United By Mutual Agreement

3 years ago
Nigeria Imposes 7.5pct VAT On Crypto Transactions

Nigeria Imposes 7.5pct VAT On Crypto Transactions

11 months 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 drugs Economy EFCC Election elections FG Fraud gunmen Hajj INEC Kano kidnap Kill Kogi Kwara Lagos NDLEA Niger Nigeria Ododo Ogun Oyo PDP Police Power refinery rescue road Security Senate students Tinubu
No Result
View All Result

Highlights

Kogi, FRSC Move To Reduce Carnage On Obajana-Kabba, Lokoja – Abuja Highways, Others

ANA Holds Election, MD Graphic Newspaper Vies For Chairmanship

Housing Minister Inaugurates Committee For Disposal Of 753 Housing Units Recovered From Abuja Estate

GIMP Salutes Turner On Appointment As President Of Religious, Peace-centric University

National Sports Festival’s Impact on Ogun Economy Massive – Abiodun

President Tinubu Departs To Lagos For Celebration of ECOWAS 50th Anniversary, To Commission Projects

Trending

Famous African Author,  Ngũgĩ wa Thiong’o Dies At 87
Culture

Famous African Author, Ngũgĩ wa Thiong’o Dies At 87

by Vital News
May 28, 2025
0

Famous African Author, Ngũgĩ wa Thiong'o has died at the age of 87 years. Ngũgĩ wa Thiong'o...

Dangote Cement Rewards Distributors, Customers With CNG-Trucks, N11billion Cash At Awards Nite

Dangote Cement Rewards Distributors, Customers With CNG-Trucks, N11billion Cash At Awards Nite

May 28, 2025
NSCDC Arrests 17 Illegal Miners In Kogi, Impounds 3 Trucks, 39 Motorcycles

NSCDC Arrests 17 Illegal Miners In Kogi, Impounds 3 Trucks, 39 Motorcycles

May 28, 2025
Kogi, FRSC Move To Reduce Carnage On Obajana-Kabba, Lokoja – Abuja Highways, Others

Kogi, FRSC Move To Reduce Carnage On Obajana-Kabba, Lokoja – Abuja Highways, Others

May 28, 2025
ANA Holds Election, MD Graphic Newspaper Vies For Chairmanship

ANA Holds Election, MD Graphic Newspaper Vies For Chairmanship

May 28, 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

  • Famous African Author, Ngũgĩ wa Thiong’o Dies At 87 May 28, 2025
  • Dangote Cement Rewards Distributors, Customers With CNG-Trucks, N11billion Cash At Awards Nite May 28, 2025
  • NSCDC Arrests 17 Illegal Miners In Kogi, Impounds 3 Trucks, 39 Motorcycles May 28, 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