Jaafar Jaafar
16 November 2008
Kano — A 50-year-old resident of Dawakin Kudu local gov ernment area in Kano State, Malam Adamu Hassan has dragged his wife, Saude Auwalu to a Shariah court sitting in Dawakin Kudu over bigamy, praying that the court should put back their marriage.
According to him, Saude eloped and got married to a lover while she was legally married to him, saying he had not in any way issued her divorce warrant.
The judgment, presiding magistrate, Ibrahim Sarki asked the accused to present witness, who would testify that her estranged husband had divorced her and could verify the handwriting on the warrant purportedly issued by him.
The accused presented two witnesses, among whom was her brother. The plaintiff objected, arguing that her brother would give testimony against him.
The court did not admit the said witnesses, saying in Islamic jurisprudence, a blood relation of an accused could not stand witness him or her.
The presiding magistrate asked Saude to present a neutral witness but Saude said the one she was going to present again was her sister, who lived in Lagos.
The magistrate therefore, dissolved the second marriage, ordering that she completed her iddah.
This is a hundred-day period a woman who had mating or consummated a marriage union with a late or divorced husband takes before getting married to somebody else.
Explaining the reasons she was not put under oath, Magistrate Sarki said a "matrimonial matter is not a land issue where an accused is put under oath, and Allah has already taken his decision on the matter."
He therefore, asked her to appeal the case within 30 days if she was not satisfied with the court decision.
But after the court's ruling Hassan make bold to write a divorce letter upon realising that defiant and unfazed Saude had opted for the appeal.
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