Preface

142
cover and having observed what happened before us in the court; we members of
the CADI Appeals Panel agree that the issues for the determination of the appeal
are:
1. Whether there was a subsisting and valid marriage between the appellant and
respondent before the appellant reverted to Christianity?
On this ground of appeal we referred to page 3(printed copy) of the Brikama Cadi
Court proceedings where we find the appellant repeatedly saying and admitting
that she was married with the respondent Baba Dembajang.
It is generally provided in Islamic Law that admission/confession is higher
in terms of admissibility than witnesses. See Tuhfa p.35
(2) Secondly, it is a settled law that Marriage is contracted with the provision
of
(4) Guardian of Marriage
(5) Dowry
(6) And witnesses
All these were available in the marriage between Baba Dembajang and
Isatou/Silva as clearly stated by two witnesses before this court Idris Jameh and
Karamoh Fofana. This Ground of Appeal has therefore failed. There was a
subsisting and valid marriage between the two parties.
(3) Ground number one has equally failed because the child born out of
wedlock Fatou was given to the appellant while HAWA AND ADAMA were
given to the respondent by the lower court in compliance with a prophetic Hadith
“... Lawful child is the child found in a legal marriage...”
(4) The issue of the lower court- Brikama Cadi Court disallowing the
appellant to give her side of the story before judgment was clearly rebutted by the
fact that if one peruses through the proceedings of Brikama Cadi Court, one will