It's clear you can't marry a woman against her will.

But,

What's shocking is that a man would happily stay married to a woman whom he knows doesn't consent to the marriage. This is not marriage - it's slavery!

Islamically is wrong to marry a woman against her will or already engaged Narrated by Abdullah Ibn Abass
"A virgin came to the Prophet Mohamed Peace Upon Him and mentioned that  her father married her against her will So The Prophet Peace Upon Him allowed her to exercise her choice    Reference  :   (   Sunan Abu Dawud  Kitab Al Nikah (Marriage ) Book 11 Number 2091)

The judge is definitely right the matter should be taken to a sharia court that is the most competent avenue to resolve this issue.

The ruling is 100 percent in line with our federal constitution so let us all stop disturbing ourselves.

RyanGiggs:

Thanks man.

I think you all except for Jarus got it wrong. Analyse the text first b4 you post. Stop been bigots.

1. Forced marriage has no place in Islam. This is therefore alien to Islam and an attempt to abuse religion. If anything, spousal consent is the first condition in Muslim marriage, followed by parental consent.

2. According to the text. All the parties involved are Muslims.
3. She says she has never met him and her father knew she was already engaged with someone else (engaged to another man for five years) i.e. Agreed to be married to someone else. How can she be engaged for 5 years with the consent of her parent and the other man's parent and her father will still to marry her to someone else? Half truth. Let her tell the whole truth before we judge

4. Judge Isiyaku Mohammed said under the constitution, the federal court could not intervene in the affairs of an Islamic court. Well if you are not okay with the country recognizing Islamic courts that has been there for years even b4 some of us were born, go to the N/Assembly and ask for a change instead of abusing the judge. After all the constitution is supreme and it must be obeyed and followed to the letter.

5. Ms Mayana was not in court for the ruling, but her lawyers told the BBC they would not relent in their efforts to dissolve the marriage as she was not married to a man of her choice. They said they would file a new case at "an appropriate court", which by implication would be an Islamic court, our reporter says. What a set of incompetent lawyers. They should have known these before going to the Federal High Court. They would have spent less than half the cost, time and energy spent at the F.H. Court if they had gone directly to an Islamic court. It is a very simple case. No marriage in Islam is binding without the consent of the Man and Woman. There are text both in the Qur'an and Hadith to back these up.
e.g.

Narrated AbuHurayrah: "The Prophet (peace_be_upon_him) said: An orphan virgin girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2088)"

Narrated Abdullah ibn Umar: "The Prophet (peace_be_upon_him) said: Consult women about (the marriage of) their daughters. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2090)"

Narrated Abdullah ibn Abbas: "A virgin came to the Prophet (peace_be_upon_him) and mentioned that her father had married her against her will, so the Prophet (peace_be_upon_him) allowed her to exercise her choice. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2091)"

Khansa Bint Khidam said “My father married me to his nephew, and I did not like this match, so I complained to the Messenger of Allah (May Allah bless him and grant him peace). He said to me “accept what your father has arranged.” I said “I do not wish to accept what my father has arranged.”
He said “then this marriage is invalid, go and marry whomever you wish.” I said “I have accepted what my father has arranged, but I wanted women to know that fathers have no right in their daughter’s matters (i.e. they have no right to force a marriage on them). (Fathul Bari Sharah Al Bukhari 9/194, Ibn Majah Kitabun Nikah 1/602)

At first, the Prophet (May Allah bless him and grant him peace) told Al Khansa to obey her father, and this is as it should be, because the concerns of fathers for the well being of their daughters is well known. But when he realized that her father wanted to force her in to marriage she did not want, he gave her the freedom to choose, and saved her from the oppression of a father who wanted to force her into an unwanted marriage.


6. Forceful marriage is prevalent across the country be it north, south, west or east. So don't label it a northern/Islamic issue.

It is most prevalent among Northern Muslims.

Sagamite:

Sorry, since when did sharia law become a compulsity for muslims in Nigeria?

If one is a muslim, once cases have to heard in a sharia court?

Sharia law is no more for those that wish to use it, but compulsory if one is muslim?

Will somebody with a good knowledge of Sharia Law answer Sagamite? or at least answer the questions? I dey wait o!

BECAUSE I need someone to convince me that the shyte I just smoked caused me to read this:

Judge Isiyaku Mohammed said under the constitution, the federal court could not intervene in the affairs of an Islamic court.

WHAT!!!!

Ok, I will not pretend, I suspected that OBJ and the Federal Government's gutless kowtowing to the proponents of unbridled Sharia law back in 1999 was going to lead to stuffs like this, but WHAAATTTT!!!

Ok, It is time for Sango laws o!

We the children of Olodumare demand to be the governed by the dictates of Orunmila as given to us by IFA and as directed by Obatala

We also demand that our laws must supersede any Federal law, we want Zero federal intervention when we do our sacrifices and perform our OROs!!

And this man is a senator!
May this woman get justice.

If I were the woman,I will pack my loads and Bleep the person I engage in and run back to Lagos or my lovely EKITI state where No Sharia ,

Poor woman!

Hope she gets justice at the end.

She is not a woman but a child,a suckling that needs parental love and guidance

This is worse than paedophilea b/cos atleast paedophiles hide their evil acts. In this case, it's a state sanctioned padophilea and that same state is fuming over alan sugar's comment that hardly anything good comes out of nigeria. What an irony.

The country's status is still like this today, because of this nonsensical law. The aboki's, the north itself. They have always kost focus and wants tins by force. Either by religion or by ignorance. The fact still remains that this so called shjarie or sharia/maria affects brutally the poor ones that dy send out to fight the non muslims.

Guys, why worry for these people. More over, the people we re draggin these gist for, might be from niger.

Try and watch 'body of lies, and u would understand the fool in d fools.

Pharoh:

The judge is definitely right the matter should be taken to a sharia court that is the most competent avenue to resolve this issue.

The ruling is 100 percent in line with our federal constitution so let us all stop disturbing ourselves.

Our constitution says muslims should be forced to use sharia court even if they don't want one?

Kilode?!:

Ok, It is time for Sango laws o!

We the children of Olodumare demand to be the governed by the dictates of Orunmila as given to us by IFA and as directed by Obatala

We also demand that our laws must supersede any Federal law, we want Zero federal intervention when we do our sacrifices and perform our OROs!!

Wa she're, baba mi!!! (May you do well, my elder)

Wa she're!!! (May you do well)

AHHH, ati de!!! (We have arrived)

Awa omo Orunmila! (We the children of the Yoruba God)

Ati wa gba nkan wa! (We have come to take over our thing)

Ani she eru iwa Oyinbo ati Arabu mor! (We will not be slaves to the ways of Whites and Arabs anymore)

Sagamite:

Our constitution says muslims should be forced to use sharia court even if they don't want one?

Yes because that is what you get when you have different legal systems without clearly defining the boundaries.Muslims living in a sharia state are bound forcefully under the  sharia law and it doesn't matter if they like it or not. Customary law in Nigeria is divided into two aspects  ( Traditional/Religious ) and they deal with the area of personal and family relations like marriage, divorce, guardianship and custody of children and succession in leadership like emirs, obas, baale, eze's and chiefs.

Traditional deals strictly based on culture, if they are of the same ethnic group then they are bound by the customary laws of that group but if they are from different ethnic group then the general customary law will be used in addition to the other  customary laws of the parties involved. Religious is based mostly on religion and unfortunately Christianity did not have a developed system that could be integrated into our constitution whereas the Muslims had such advantage so it was infused into our constitution.

It would interest you to know that all these customary laws were just recognized and left to develop on their own with proper documentation of the laws but we are just so lazy to do that. Traditional customary law is almost dead in southern Nigeria ( even in northern Nigeria ) and the general law takes precedence but the judge also takes the traditional and religious aspects into account when presiding over a case. The sharia states has already forcefully separated and presented the sharia law as the only customary law in those states.

So by definition any case involving two Muslims in a sharia state  that has to deal with personal, family and cultural relations are under the jurisdiction of the sharia legal system only. There is no provision for choice in our constitution so automatically cases involving two Muslims are under the sharia legal system.  All these southern Muslims shouting here  should go to those sharia states to drink beer (alcohol)  or steal something and see if they will not amputate their hands or flog them publicly. Please the judge is right because there are no legal precedence established by the supreme court. You remember we had some legal precedents from the supreme court when things went bad with omehia, ararume and peter obi. So lets us wait till any sharia case gets to the supreme court or higher court before passing judgment.

^^^ That is madness.

Sharia law should be inferior to general law in Nigeria that is a secular nation and should be reflected in our constitution. THIS SHOULD BE MADE CLEAR AND WRITTEN IN CONCRETE.

All people of Nigeria, irrespective of whether they are muslims or not, should have access to the general law and SHOULD ONLY be judged on sharia law if they ELECT to.

The federal government SHOULD FORCE all states to provide this facility at magistrate level.

I am shocked you are saying some Northern states have usurped all customary courts with sharia law, so what happens when non-muslims living in the state need to go to court? They will have to have their case tried in another state? Surely there must be an extant general legal system for non-muslims (in, for example, Zamfara).

Yet we elect this type of people to make law for us. Nigerian wise up use your vote wisely.

^^

Yes there is a general law for non-muslims in sharia states and sorry my first response was in the context of Muslims only. In sharia states the sharia legal system is´binding on all muslims and when it comes to marriage as well if both parties are muslims. They don't have a choice because it is a sharia state and the best you can do is to leave such places. It is more or less a state religion now and they even have their own sharia police called hisbah. Here are some examples of sharia judgment and it even covers criminal law.

http://www.simonbaker.me/2/hi/africa/2587039.stm

http://www.huffingtonpost.com/ademola-bello/who-will-save-amputees-of_b_532949.html

http://www.independent.co.uk/news/world/africa/nigeria-thiefs-hand-amputated-724477.html

http://en.wikipedia.org/wiki/Amina_Lawal

http://en.wikipedia.org/wiki/Sani_Yakubu_Rodi

Islamic law does not recognise forced marriages so the judge could have dissolved the marriage using that line of reasoning.

If nigerian constitution allows such a vile act to be law, it means nigerian constitution is dead,immuned to innovative and reasonable changes just like nigerian government itself-a waiking corspe

Pharoh:

^^

Yes there is a general law for non-muslims in sharia states and sorry my first response was in the context of Muslims only. In sharia states the sharia legal system is´binding on all muslims and when it comes to marriage as well if both parties are muslims. They don't have a choice because it is a sharia state and the best you can do is to leave such places. It is more or less a state religion now and they even have their own sharia police called hisbah. Here are some examples of sharia judgment and it even covers criminal law.

That is still rubbish.

Nigeria is a secular country, every muslim should have a choice. THAT RIGHT TO A CHOICE SHOULD BE WRITTEN INTO THE CONSTITUTION.

That is why I am calling the Judge a retard if it is in the constitution and since he did not allude to that in his judgement!

nigerian law has failed us hence the need for this sharia law.
if cecilia ibru cld get six months in the hospital(jail) as her punishment for stealing over N195b and bode george was punished with just 2 yrs for stealing over N100B then we have no laws.
it is important that everybody will go out there in search of their own laws bcs our nigerian law has failed us.

how can sharia law over turn the federal law .these are one of the things people don't like .
i wonder how we can progress if we have two sets of laws in the same country.

Sagamite:

That is still rubbish.

Nigeria is a secular country, every muslim should have a choice. THAT RIGHT TO A CHOICE SHOULD BE WRITTEN INTO THE CONSTITUTION.

That is why I am calling the Judge a retard if it is in the constitution and since he did not allude to that in his judgement!

It is not written in the law that it is binding but because Obasanjo did not care as far as it was not practiced in the south and it does not affect non muslims in the north. So the sharia states were allowed to implement it as they wished hence the binding effects on all muslims in sharia states according to my own understanding. The constitution does not have a written part where muslims can claim the right to choose or reject the binding and this useless judge should established a legal precedent here but he is a muslim as well so i am not surprised. I just hope they fight it to the end up to a higher court and the matter will then be settled finally but trust me it will not be easy. It is a very delicate issue and that's why obasanjo just gave them what they want and looked the other side.

DIRTY Senator

What is even wrong with this our so called senator NA BY FORCE DEM MARRY, HABA!!!!!!!!! This people like to bring their glory into muld what a SHAME!!!!!!

Sagamite:

Wa she're, baba mi!!! (May you do well, my elder)

Wa she're!!! (May you do well)

AHHH, ati de!!! (We have arrived)

Awa omo Orunmila! (We the children of the Yoruba God)

Ati wa gba nkan wa!   (We have come to take over our thing)

Ani she eru iwa Oyinbo ati Arabu mor! (We will not be slaves to the ways of Whites and Arabs anymore)  

HAHAHAHA! Exactly my bro!! This is the opportunity the Irunmoles were waiting for   Ase!

Unfortunately, I still see some folks arguing for a general or universal secular law. They better seize the opportunity!

I hope the worshippers of Arochukwu Long-juju will Join with the children of Olodumare to demand for the return of our ancestral laws.

Since sharia imperialists have won their battle and have succeeded in rubbishing the Secular system we had, it is time to roll out the Okija shrine laws and the Irunmole codes.

It is time Eboras put on "judicial gown" and decide cases. Secular Nigeria died on the sword of this phrase:

Judge Isiyaku Mohammed said under the constitution, the federal court could not intervene in the affairs of an Islamic court.

Let's quit trying to wake it up.

its wrong to force someone into a marriage with a unhappy heart
just take note, this is not shareeah, this is dictatorship

namfav:

its wrong to force someone into a marriage with a unhappy heart
just take note, this is not shareeah, this is dictatorship

thanks for saying that!!!

we should always condemn what is bad. you cannot always support your leader. i want the northern youths to get up and seize control of their destiny.

zubeyr:

Islamically is wrong to marry a woman against her will or already engaged Narrated by Abdullah Ibn Abass
"A virgin came to the Prophet Mohamed Peace Upon Him and mentioned that  her father married her against her will So The Prophet Peace Upon Him allowed her to exercise her choice    Reference  :   (   Sunan Abu Dawud  Kitab Al Nikah (Marriage ) Book 11 Number 2091)

So marrying off 9 year old girls to 60 year old men is in accordance with their will abi?

Why should anybody, regardless of religion, force a 26 year old to marry someone? She is no longer a minor and can choose who she marries, when, how and where! Sharia law needs to be put back in it's place - in subjection to Federal law.

Pls read the news article properly b4 u make comments or else u might sound off. The judge dismissed the case bc the court doesnt hav jurisdiction to hear it. is there anything wrong with that?
The issue force marriage is an ancient practice in Africa even in this generation must us can't claim 2 be ignorant on how influencial some of our parents are when it comes to the choice of who we want to marry. Some parents dictates what tribe and even the village/ the family the guy/lady must come from.
But things are changing now: if it were some few yrs ago, they would have threatened her life ,
I kno certainly that a competent court will rule the case in her favor, it just the matter of time.