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A Higher Sharia Court in Tsafe Local Government Area of Zamfara State on Tuesday dissolved the 23 year old marriage of a man identified as Alhaji Musa Tsafe with his granddaughter.
The Zamfara state Hizbah commission had earlier sued the couple (Alhaji Musa Tsafe and Hajiya Wasila Isah) after they de-ligitimised the union citing injunction of the Holy Qur’an and other books of Islamic jurisprudence.
The local government Shura council, backed by the emirate council, had asked the couple to separate after they found out that the union was illegal according to Islamic laws.
However, months after the couple were notified of the illegality of their marriage, they refused to separate insisting that the marriage was legitimate. The couple gave birth to eight children.
Passing the judgement, Justice Bashir Mahe said the court after hearing both the plaintiff and defendants, found out that the marriage between the couple was contrary to the teachings of Islam
Justice Bashir Mahe said the marriage between the couples was contrary to verse 73 of Suratul Nisa’i, and Injunctions on page 79 of Ashalul Madariki and page 77 of Ihkamil Ihkami.
He explained that the verdict came after the inability of the counsel to the defendants to convince the court with witnesses on the legality of the marriage.
The judge however said the defendants reserve the right to appeal the case if they are not satisfied with the judgement.
Counsel to the state Hizbah Commission, Barrister Muhammad Sani, expressed satisfaction with judgement and thanked everyone that contributed to the success of the case.
Justice Bashir Mahe had earlier ordered the arrest of Wasila Isah after she refused to obey his order that she should move out of her matrimonial home to her father’s house pending the determination of the case by the court. The wife resisted attempt to arrest her and has gone into hiding since then.
