Preface

72
UIN THE HIGH COURT OF THE GAMBIA
UIN THE CADI APPEALS PANE
UHOLDEN AT BANJUL
APPEAL NO. AP/5/2011
BETWEEN:
ALIEU BARRY………………………………………………….APPELLANT
AND:
FATOUMATA DAFFEY …………..………………….....……RESPONDENT
{Before: Justice Omar A. Secka Chairman, Justice Aminu Sa’adu, Alh. Ousman
Jah Panelist and Alh. Masohna Kah Panelist at Banjul on Tuesday, March 8, 2011}
UPRINCIPLES:
1. As long as a divorced woman does not re-marry, she has right of custody
over her female child from her erstwhile husband.
2. In a Muslim community, the right to name a newly born baby is the exclusive
right or responsibility of the father in consultation with his wife or parent as
the case may be and not the mother. See on this Tuhfatul Wadud Fi Ahkamil
Maulud Lil Imam Ibn Qayyim Al-Jauziyyah p. 96
3. The position under Islamic law is that in determining the amount of
maintenance generally, regard must be had to the financial status of the
husband. See Quran - Talaq Verse 7
UJUDGMENT
Written and delivered by Justice Aminu Sa’adu