Preface

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section (4) of the 1997 Constitution of the Gambia which limits the jurisdiction of
Cadi Courts to matters of marriage, divorce and inheritance were the parties or
other persons interested are Muslims. Also see Edi Touray V Alhaji Malick Gaye
and others Unreported Appeal No. 12/2011 of Cadi Appeals Panel. Based on this
the lower Cadi Courts has no Jurisdiction to look into the matter of joint ownership
of property. This ground also fails.
Coming to the issue no 4 where the counsel argued that the lower Court did
not address properly the issue of ejectment, as we said earlier that the divorce took
place for the first time before the lower Court on 22rd / 3/ 2011 the date of
Judgment.
From that time the lower Court was to explain to them the type of Iddah
(Waiting period) that should be observed because Iddah differs from woman to
another as stated in suratu Talaq.
Which means: such of your woman as have passed the age of monthly courses, for
them the prescribed period, if ye have any doubts is three months, and for those
who have no course For those who are pregnant their period is until they deliver
their burdens. Also in Suratul Baqarah. Stated that
Which means: divorced woman shall wait concerning themselves for three
monthly periods these are stating clearly that the woman in terms of Iddah are four
types:
1. The pregnant one and their period are until they deliver.
2. Those who have passed the age of monthly courses. And their period is three
months.