An Upper Sharia Court in Kano State, presided over by Abdullahi Halliru, has dismissed the preliminary objection filed by counsel to Inuwa Uba, husband of Asiya Ganduje, challenging the jurisdiction of the court to hear the case.
Asiya, a daughter of Kano State Governor, Abdullahi Ganduje, approached the court through her counsel, Barrister Ibrahim Nassarawa, praying for the dissolution of her marriage through an Islamic means (Khul’i), claiming that she was tired and fed up staying with her husband.
She expressed her willingness to return the N50,000 dowry the husband gave her during the wedding Fatiha.
When the court resumed on Thursday, for ruling on jurisdiction, the presiding judge declared that his court has jurisdiction to receive, hear and decide a matter related to divorce.
The judge asked counsel to the defendant to know how much his client paid as dowry at the time of the wedding prayer.
Umar said he was not aware of the exact amount his client paid to the plaintiff.
Meanwhile, both parties have urged the court for a stand down to further confirm from Asiya and Uba the amount of dowry they all agreed on during the wedding Fatiha.
After the court stood down, each counsel made calls outside the courtroom.
Consequently, when the court reconvened, Umar told the court that he couldn’t reach his client, Uba, on phone and sought an adjournment to clarify the actual amount he paid as dowry, in addition to responding to the claim of his wife, Asiya.
On his side, Barrister Nassarawa insisted that his client received N50,000 as a dowry, stressing her readiness to return it back for the marriage to be dissolved.
After he heard the submissions of both parties, the presiding judge adjourned the case to January 19, 2023, for Barrister Umar to tell the court the actual amount his client paid as dowry to enable the court to proceed to the next step.
In a chat with journalists after the court proceeding, Nassarawa explained that every woman who is living under strange conditions has a right under Islamic law to approach the court and seek for her marriage to be dissolved with the condition of returning the dowry the husband paid to her during their wedding Fatiha.
He said this is not a new principle in Islamic Shari’ah Law.
On his side, Barrister Umar said the issue was beyond the payment of dowry alone, stating that his client has conditions regarding some of his belongings, before coming to the issue of divorce.
He, however, said his client was ready to reconcile with the plaintiff.
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