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Preface

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140<br />

At this juncture we requested the respondent- Baba to bring two witness.(1)<br />

Idriss Jammeh and (2) Karamo Fofana to testify before this panel as to the<br />

existence of a valid and subsisting marriage in Islamic Law before her baptisation.<br />

On this adjourned date 10-5-11 the two witnesses appeared in court and we<br />

took the first witness Idriss Jammeh. Adult; Businessman of Bonto village. He<br />

promised to tell the truth.<br />

Idris Jammeh said the marriage between Silva (Isatou) the appellant and<br />

Baba Dembajang was properly contracted according to Islamic Rights. When<br />

asked about the dowry he said D325 was paid to Isatou/Silva as dowry another<br />

D25 was paid to the Imam who tied the marriage. Idris Jammeh the witness said he<br />

was a guardian of Silva at the marriage. He said there were many witnesses but<br />

could not remember how many.<br />

The first witness said in their tradition since the would-be husband and the<br />

would-be wife came to an agreement and witnesses were there with sadaq we<br />

simply asked the Imam to pray for the marriage contract and that was what<br />

happened. The marriage took place in my compound in Bundung. Silva/Isatou<br />

herself gave me the authority to execute the marriage contract as her guardian in<br />

my compound but I cannot remember when. We asked Baba whether he agreed<br />

with the testimony of this witness and he said yes.<br />

We asked Isatou/Silva on this testimony and she said she did not agree with<br />

what the witness said. She said she was not given any money and I was not aware.<br />

We asked the first witness Idriss who he gave the dowry/sadaq to. He said he gave<br />

Silva in Baba`s house. The witness said Mariama Bajinka and Muktar Jameh were<br />

all witnesses in the marriage contract.<br />

Finally this witness said he came to know Isatou/Silva when we worked with<br />

her at Siffo Farms Bonto for six months with Lebanese. When she converted to

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