Preface

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”