An Upper Shariah Court 2 in Kpakungu, Minna has rejected a bid to dissolve a marriage between a Muslim woman and her Christian husband.
Presiding Judge, Mohammed Baba Enagi, ruled on Tuesday that the court lacked jurisdiction because the marriage was not contracted under Shariah law.
The plaintiff, Halirat Adebisi, approached the court seeking formal dissolution of her marriage to Segun Adedoyin after years of marital problems.
The couple, both from western Nigeria, were married by an Islamic cleric and have four children.
In his ruling, the judge said a Shariah court can only dissolve marriages where both parties are Muslims and the union was conducted according to Islamic law.
“The plaintiff, a moslem approached this Court seeking for confirmation of divorce while the man is a Christian (defendant) sought for time to seek legal advice”, the Judge said .
He addied that the Court could have entertained the matter if both of them were moslems and if the union were contracted according to Shariah law.
Reacting to the judgment, Counsel to the plaintiff, Hamza Mohammed said he accepted the outcome of the case.
Counsel to the defendant, Jacob Ahmadu said he is happy that the court acted in accordance with his position that it lacked jurisdiction to entertain the case because, though the marriage has likelihood of islamic rites when it was contracted but both parties are not moslems.
He added: “Contentious issue here is that my client or former husband to the plaintiff is not a Muslim. Being a Christian he refused to concent in writing as required by the Shariah law the conditions to meet before the case can be entertained by the court”.