Court orders woman to return estranged husband’s bride price

A Gudu Grade I Area Court in Abuja has ordered a housewife, Amina Abdullahi, to return the N50, 000 her estranged husband, Abdulhakeem Adepoju paid as her bride price.

Amina had approached the court seeking the dissolution of her marriage to Adepoju on the basis of ‘Khul’ (also called Khula, a procedure through which a woman can divorce her husband in Islam by returning the dower).

She told the court that she was not interested in the marriage since her husband has decided to bring in a new wife.

The judge, Ado Muktar, then asked the petitioner if she was willing to refund the dowry as a form of compensation to leave the marriage.

In reply, Amina told the court that she was willing to pay back the N50, 000 to Adepoju.

However, Adepoju informed the court that he didn’t want the money, but that he would grant her the divorce if she gives him custody of their two children.

The respondent requested that the children aged four and one be given to him so that he can raise them himself, adding that “this is the only way I can grant her the divorce.”

Amina objected to the request, saying she will not give up her children “over her dead body.”

In his ruling, the judge, Ado muktar, said that under Islamic law, children cannot be used as bargaining chips in a divorce settlement, declaring that “according to Islam, children cannot be used either by the mother or the father, as a tool of trade.

“They are not the cause of the break in the marriage and as such cannot be made to pay for your actions. Moreover, they are too young to be given to you (Adepoju) because they need their mother’s care, attention and love.

“I Ado Muktar, a principal of Area Court, Wuse, sitting in Gudu, hereby deny your counter-offer and grant the request for the dissolution of your marriage. I hereby order the plaintiff applicant to pay the sum of N50, 000 to the respondent applicant.”