Abuja – A mother of six, Maryam Wagani, on Monday, prayed the Grade 1 Area Court in Gudu, Abuja, to grant her the custody of four of her children from her ex-husband, Kalli Zaji.
Wagani, through her counsel, Shuaibu Umar, also prayed the court to order her ex-husband to provide monthly N300,000 allowance for maintenance and accommodation for her and the children.
Umar said that under Islamic law, when there is a divorce or separation, the right to the custody of children is that of the mother.
The counsel said the marriage, contracted in March 1987, produced six children and by Jan. 1, 2012, the couple was divorced and the plaintiff was restrained frequent visits to the see her children.
Umar cited page 165, Volume 3 of Mudawamatul Fiqh Malik (an Islamic book) stating that the custody of male children starts from their date of birth to when they reach the age of puberty.
He, however, added that the custody of female children starts from their date of birth till they get married.[pro_ad_display_adzone id=”10″]
According to the counsel, the two older children are male and have already attained puberty, while the four younger children were two unmarried females, age 23 and 15 respectively and two males aged 12 and nine respectively.
He also cited Chapter 2, Verse 234 of the Quran, which states that to “a man whom a child is born. he shall be responsible for the feeding and clothing of his children”.
Umar said that his client asked for N300,000 monthly allowance considering the capability of the defendant, the luxury to which the children have been exposed to and the cost of living in Abuja.
He said the allowance, however, excluded medical expenses and school fees.
Umar supported his plea with the Quran Chapter 65, Verse 7 where Allah says “let the rich man spend according to his means and let the one whose means are restricted spend from what Allah has given him.”
Umar, therefore, prayed that a decent and befitting accommodation be provided for the plaintiff and the children within the FCT.
Counsel to the defendant Bakari Mohammed concurred that the authorities were binding on all Muslims but that it did not apply with the case at hand.
Mohammed, however, prayed for an adjournment to enable him to address the court finally on the issue.
The Judge, Mr Isah Imam adjourned the case to Aug. 21, for the defendant’s counsel to address the court. (NAN)