Posted by Amarachi on Thu 13th Apr, 2023 - tori.ng
The defendant told the court that he only had four wives because he had divorced the fourth a month before marrying the fifth.
A businessman, Awaisu Jibril has been arraigned by a Shari’a Court sitting at Rigasa, Kaduna, for allegedly marrying five wives, contrary to Islamic teaching.
The prosecutor, Insp. Sambo Maigari had told the court on Wednesday, April 12, that one Musa Abdullahi, a community leader, had reported the matter to the Rigasa Police Division.
The defendant told the court that he only had four wives because he had divorced the fourth a month before marrying the fifth.
He, however, stated that the fourth wife had not finished her waiting period (Iddah) as she was supposed to observe three menstrual cycles.
The fifth wife Naja’atu Kabir told the court that she wasn’t aware he was still married to the fourth, stating that she was one month pregnant.
The judge, Malam Anass Khalifa, said it was wrong to add another wife, knowing well that the fourth wife had not finished Iddah.
He ruled that the fifth marriage was invalid as it was not permissible in Islam to have more than four wives. However, he added that the pregnancy of the fifth wife was legitimate.
“After thorough investigation and testimony by witnesses, the court has realised that the fourth defendant is ignorant of the ruling of Islam regarding marriage and divorce.
“Therefore, he will continue to take care of Naja’atu Kabir and the pregnancy until she gives birth; he will also take care of the child after birth because the child is his.
“He shall inherit his father because he was not conceived out of wedlock but as a result of ignorance and lack of investigation from both parents,” he said.
The judge also confirmed the one pronouncement of divorce of the fourth wife.
He adjourned to April 19 for a ruling on the defendant.