Banjul Muslims and the Islamic Court

By Walter Hawthorne and Bala Saho




Divorce

Divorce is the recognition by a legal and/or religious authority to end a marriage. In Islam, there are many ways men may divorce their wives and wives may terminate their marriages. Principally, the man declares his intention to divorce (Talaq) his wife by writing or pronouncement. Also common is (Faskh-e-nikah) where a wife can annul her marriage through the qadi court as long as she can prove her husband's mistreatment towards her or the husband's failure to fulfill his marital duties. It is also usual for a husband and wife to separate by way of consent (khula). This can happen at the instigation of the husband or wife. When initiated by the woman, she accepts to return the bridewealth. Another way through which divorce can occur is (Tafweedh–e–talaq) where the authority to divorce is transferred to the wife.

Bojang VS Fye: Court Transcript (1927)

Date: June 2, 1927
On June 6, 1927, Muhammad Bojang appeared before the qadi of Bathurst to enter a claim against his wife, Isatou Fye. He took oath that Isatou was "mischievous" and "uncooperative."

Demba VS Jobe: Court Transcript (1954)

Date: March 30, 1954
Mariama Demba brought her husband Muhammad Jobe and complained that Muhammad converted to Islam but after a month, he converted to Christianity. The Qadi ordered divorce.

Faal VS Darbo: Court Transcript (1927)

Date: August 16, 1927
Njagga Faal brought his wife Aminata Darbo before the Qadi of Bathurst asking for a divorce and requesting the return of or right to all the money and property he had given to her, her relatives and friends. Aminata in her defense rejected most of what Njagga claimed. The Qadi ordered divorce and asked the wife to return five pounds and 10 shillings to the husband.

Hydara VS Mbacke: Court Transcript (1953)

Date: December 1, 1953
The claimant, Isatou Hydara complained that her husband Ousman Mbacke accused her of fornication and criticized her ethnic origins. She cited these are the reasons she left the marriage and household. Ousman said that he did not ask her to leave. The Qadi ordered divorce and asked the husband to pay 20 pounds and 9 shillings to the woman and also 20 shillings each mon  Show More

Jaw VS Jallow: Court Transcript (1927)

Date: May 19, 1927
Kumba Jaw brought her husband Muhammad Jallow before the Qadi of Bathurst claiming that Muhammad molested and insulted her. The Qadi asked Kumba Jaw to return to Muhammad but she chose divorce.

Njie VS Secka: Court Transcript (1954)

Date: December 19, 1954
Muhammad Njie brought his wife Rohey Secka before the Qadi of Bathurst in order to divorce her. The Qadi ordered divorce and asked the husband to pay the wife the remainder of the dowry.
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