A 55 year old woman has won a rare court ruling to keep her newly wedded groom, an 18-year old teenager on the ground that Islamic law had put no age barrier between man and woman engaging in marriage.
Hajia Aisha Abubakar the mother of the 18-year old teenager,Bashir Abubakar had dragged 55-year old Ai Maikare to court on the ground that the marriage between Bashir and Ai Maikare did not receive the blessings of the groom’s family.
The case was heard at Tudun High Sharia Cout in Gusau, Zamfara State in Northern Nigeria
Evidence given in the court revealed that teenager Bashir Abubakar had been courting 55-year-old Ai Maikare for some time before the final solemnisation of the marriage in a Sharia court.
His mother Hajia Aisha Abubakar, revealed that prior to the marriage, she became aware of the relationship between the couple which she out -rightly disapproved.
She said she became so worried that she even took the matter to the Ward Head of Tudun Wada area where Ai was summoned and cautioned to back off.
According to Hajia Aisha, the woman promised to let go but after a short while secretly renewed and continued the affair.
After a couple of months, Hajiya Aisha learnt that a marriage has been contracted between the woman and her son.
She therefore took a legal option, bringing the matter before a Sharia court where she prayed for the dissolution of their marriage.
Aisha argued that the bride, Ai used charms on her son and lured him into unwilling marriage linking their love to charms hypnotism.
She also cited the age disparity between the couple claiming that the Ai was old enough to be Bashir’s grandmother.
Hajia Aisha also claimed the marriage was solemnized without her consent and that there was no paternal or maternal representation from the groom’s family relations during the wedding solemnisation She concluded that the nuptial procedure was not properly
followed thereby seeking the court to dissolve the marriage
Four witnesses were summoned by the court and all of them including the representative of the cleric who solemnized the marriage, testified that the wedding was actually contracted at Zawiyya Islamic School in Gusau town.
Sharia Court judge, Bashir Danmaisule, delivering the judgement dismissed all grounds of objection put forward by Bashir’s mother.
Alkali Danmaisule saw no fault in the way the marriage was contracted claiming it was actually contracted according to Islamic rites and injunctions.
He cited Suratul Nisai verse 3 in the Holy Qur’an which mentioned no age barriers in marriage between partners. He also cited verses which allow a man to marry as many as four wives if he can do justice to them and treat them equally.
According to him,18 years old Bashir Abubakar was mentally mature to engage a woman in marriage and therefore there was no basis to void the marriage.
The claim by Hajai Aisha that Ai used charms on her son was dismissed as there was no evidence of prove
While giving an Islamic appreciation of representation of marriage partners at wedding prayers, the judge said from an Islamic point of view, it is only the
woman who is required to bring her representative at the wedding but a
man is not compelled to do so; and where he feels he should be
represented, he can even send a slave or an unbeliever if he so wishes.
He again cited some Islamic scriptures verses to buttress his point and in the
end, dismissed the case in totality.
Although during the judgement,
Hajiya Aisha who was absent during the final judgement was given 30 days by the judge
within which she can appeal at the Sharia Court of Appeal.
The Judge ordered Bashir to apologise to his mother for disobeying her wish.
Immediately after Alkali ended pronouncing the judgement, there was a chant of ‘Amarya da Ango’ (meaning bride and groom) by the crowd.
After the judgement, Bashir told Weekly Trust that he would obey the order by the judge to apologise to his mother, but said he would keep his wife because he loves her.
The new bride equally made the same statement in a cheerful mood.
Immediately, the couple picked two Okada and together headed straight to their home amidst a roaring
crowd perhaps to commence a new honeymoon.