A Grade I Area Court in Kubwa, Abuja on Monday granted a housewife, Nafisat Ya-Shuaibu, custody of her four children based on child custody rights under the Shari’a law.
In his ruling, the judge, Malam Ibrahim Rufai held that the Shari’a law recognises the mother first and foremost adding that a person with custody must be sane,honest and free of immorality .
”The children are ages nine, seven, five and three years old and the law is clear on this issue, it is the right of the mother for the custody of the children first, then her mother( the children’s grandmother) if the mother dies.
” On accommodation, the Islamic law states that a father is saddled with the responsibility of maintenance for his children which includes feeding, clothing and accommodation,” Rufai said.
He ordered the respondent, Zakari Ya- Shuaibu to return the children to their mother with immediate effect including her cellphones and personal belongings.
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He also ordered the respondent to rent a place according to his means to take care of the children and provide maintenance.
Earlier, Ya-Shuaibu said that the respondent divorced her on April 29 and took their four children away from her including her cellphone and personal belongings.
She prayed for an order for the respondent to return her belongings and rent a house for her and the children.
The respondent admitted the allegations against him saying that he would return their children if the plaintiff can take care of them according to Islamic injunction.
He added that he would return her belongings but should have access to his children.
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