Preface
Preface Preface
76 she confirmed what the appellant said. At this juncture, we asked the appellant how much would he afford to pay to the maintenance of his pregnancy and the appellant stated that he can afford D2,000.00. It is important to pose here, and examine briefly the extent of the appellant responsibility to provide maintenance to the respondent for his pregnancy which is not undisputed that he is responsible for it. Under Islamic law the respondent is entitle to be maintained for her pregnancy even though she has been divorced, up to the time of delivery, regard less of the appellant physical or financial condition, he is under an obligation to maintain the respondent even where he is ill or undergoing imprisonment unless she voluntarily forego her right to be maintained. See Muslim law of Divorce by K.N. Amount p. 715. Also Ibn Asim Al-Andalusi said in Ihkamul Ahkam page 120 Meaning: ‘’Providing accommodation to a divorced wife whose marriage was consummated up to the time of expiration of her iddah is an obligation on the former husband while for a pregnant women, feeding is added as well as clothing up to the time of her delivery which the Islamic scholars are unanimous on that. In the light of the foregoing and in consideration of the appellant financial status, we here by review downward the amount awarded by the lower to D2, 700.00. We arrived at this figure by awarding D300.00 monthly for 9 month as the normal period of pregnancy against the 15 month awarded by the lower Court. Coming to the second issue of change of name of the new born baby between the appellant and the respondent, ordinarily in a Muslim community,
77 naming of a new born baby is the responsibility of a father either in consultation with his wife or parent as the case may be. It is un Islamic to change the name given by a father to a different name under whatever circumstances as long as the paternity of the child remain with the father who named his child. See on this Tuhfatul Wadud Fi Ahkamil Maulud Lil Imam Ibn Qayyim Al-Jauziyyah p. 96. We therefore align our self with the decision of the lower Court in this regard. The name of the baby girl born between the appellant and the respondent should remain Naffy Barry and should be so maintained. We further ordered that all relevant documents either previous or in future relating to the said Naffy Barry should bear the name chosen by the appellant. While on the issue of who is entitled to have the custody of the said Naffy Barry between the appellant the respondent? Islamically, the respondent is the one entitled to have the custody of her daughter Naffy Barry unless she re-married to somebody else. The Hadith of Holy prophet S.W.A. reported by Abdullahi Bin Amru Lend credence to this position. Meaning a woman said ‘O apostle of Allah, this son, my stomach was his place of abode, my thighs were his playing ground, and my breast is the source of quenching his thirst, his father claim to snatch him from me. The prophet S.W.A replied her by saying as long as you have not re- married you have the right of custody over him”
- Page 26 and 27: 26 Secondly, we accepted the decisi
- Page 28 and 29: 28 Musa Sabily shall have D112962.5
- Page 30 and 31: 30 5. Evidence is invalidated if sh
- Page 32 and 33: 32 disputing the right of these peo
- Page 34 and 35: 34 estate among his heirs, this pro
- Page 36 and 37: 36 This Panel has gone through the
- Page 38 and 39: 38 Shares: Share: 1. 10 7 27 D175,0
- Page 40 and 41: 40 …………………………
- Page 42 and 43: 42 at Street 45 Stanley Banjul belo
- Page 44 and 45: 44 “I was called there in the cou
- Page 46 and 47: 46 About the submission by the appe
- Page 48 and 49: 48 UIN THE HIGH COURT OF THE GAMBIA
- Page 50 and 51: 50 house of one Kebba Kebbeh at San
- Page 52 and 53: 52 a while and satisfy itself on wh
- Page 54 and 55: 54 From the totality of the foregoi
- Page 56 and 57: 56 for joinder as an interested par
- Page 58 and 59: 58 the rate of D8,250.00 and D25.00
- Page 60 and 61: 60 UIN THE HIGH COURT OF THE GAMBIA
- Page 62 and 63: 62 The claimant’s oath in (c) and
- Page 64 and 65: 64 Islam to exclude her from the va
- Page 66 and 67: 66 of the subject matter of the cla
- Page 68 and 69: 68 The above issues were not proved
- Page 70 and 71: 70 how well conducted. The non-comp
- Page 72 and 73: 72 UIN THE HIGH COURT OF THE GAMBIA
- Page 74 and 75: 74 2. That the change of name was w
- Page 78 and 79: 78 On this note, we hereby declared
- Page 80 and 81: 80 JUDGMENT Written & delivered by
- Page 82 and 83: 82 2- That the exclusion of Assan S
- Page 84 and 85: 84 4- That if the appeals Court wil
- Page 86 and 87: 86 Mr. Ousman Sarr (paternal brothe
- Page 88 and 89: 88 Rules 2010 which states that: Su
- Page 90 and 91: 90 stripes, and reject their testim
- Page 92 and 93: 92 allegation as stated in the Hadi
- Page 94 and 95: 94 guided by their provisions with
- Page 96 and 97: 96 properties one in Allen street o
- Page 98 and 99: 98 the appellant. As such the appli
- Page 100 and 101: 100 I find no difficulty in resolvi
- Page 102 and 103: 102 same way other cases are commen
- Page 104 and 105: 104 '' Under Islamic Law, the subje
- Page 106 and 107: 106 R. 77 (4) Any distribution of a
- Page 108 and 109: 108 single witness was called in th
- Page 110 and 111: 110 before judgment is entered agai
- Page 112 and 113: 112 A judge shall on no account rel
- Page 114 and 115: 114 these primary sources of Islami
- Page 116 and 117: 116 same lower court (Principal Cad
- Page 118 and 119: 118 4. The appellant being pregnant
- Page 120 and 121: 120 that she was not given the oppo
- Page 122 and 123: 122 their marriage was done by the
- Page 124 and 125: 124 (c) That when the appellant was
76<br />
she confirmed what the appellant said. At this juncture, we asked the appellant how<br />
much would he afford to pay to the maintenance of his pregnancy and the appellant<br />
stated that he can afford D2,000.00.<br />
It is important to pose here, and examine briefly the extent of the appellant<br />
responsibility to provide maintenance to the respondent for his pregnancy which is<br />
not undisputed that he is responsible for it. Under Islamic law the respondent is<br />
entitle to be maintained for her pregnancy even though she has been divorced, up<br />
to the time of delivery, regard less of the appellant physical or financial condition,<br />
he is under an obligation to maintain the respondent even where he is ill or<br />
undergoing imprisonment unless she voluntarily forego her right to be maintained.<br />
See Muslim law of Divorce by K.N. Amount p. 715. Also Ibn Asim Al-Andalusi<br />
said in Ihkamul Ahkam page 120<br />
Meaning: ‘’Providing accommodation to a divorced wife whose marriage was<br />
consummated up to the time of expiration of her iddah is an obligation on the<br />
former husband while for a pregnant women, feeding is added as well as clothing<br />
up to the time of her delivery which the Islamic scholars are unanimous on that.<br />
In the light of the foregoing and in consideration of the appellant financial<br />
status, we here by review downward the amount awarded by the lower to D2,<br />
700.00. We arrived at this figure by awarding D300.00 monthly for 9 month as the<br />
normal period of pregnancy against the 15 month awarded by the lower Court.<br />
Coming to the second issue of change of name of the new born baby<br />
between the appellant and the respondent, ordinarily in a Muslim community,
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