Khu’Lu as a Process of Dissolution of Marriage under Islamic Law

CASE TITLE: YUGUDA v. ABDULLAHI (2022) LPELR-58160(CA)

JUDGMENT DATE: 14TH JULY, 2022

PRACTICE AREA: ISLAMIC LAW AND PROCEDURE

LEAD JUDGMENT: ABUBAKAR MAHMUD TALBA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the dissolution of marriage through the process of Khu’lu under Islamic Law.

FACTS

This appeal is against the judgment of the Sharia Court of Appeal Yola, Adamawa State delivered on 20th June 2019 in Suit No: ADS/SCA/CV/46/YL/2018 between Abdullahi Yuguda and Hauwa’u Abdullahi.

The respondent instituted an action against the appellant at Gurin Area Court and the same was transferred to Jimeta Civil Area Court, (hereinafter referred to as the trial Court). The respondent/plaintiff claimed that she was the wife of the defendant for five years and due to the misunderstanding she constantly has with him, she wanted a divorce from khul as she is prepared to pay him his Sadaqi.

The respondent/plaintiff claim was read and explained to the appellant/defendant and he denied the claim. He said he will not divorce her until she told him the reason and he still wants his wife. The respondent told the Court that she does not like him and no longer wanted to be married to him. The Court adjourned to 31/05/2018 to enable both parties to come with their marriage guardians. At the resumed sitting of the Court on 31/05/2018, Alhaji Aliyu the father of the respondent told the Court the efforts he made to resolve the issue between the couples but it failed. The respondent insisted she does not love her husband. She even threaten to run away or kill herself if he insisted that she must stay with him.

Lamdo Katsina, a brother to the appellant and his Waliyi told the Court that the respondent met him and told him that she has no love for her husband and he should tell him to divorce her. He told her to go back to her husband’s house and she refused. He later met her father who told him that his daughter said she is not interested in going back to her husband’s house. The solution is for him to tell his brother to divorce his wife and they all tried to resolve their issue but it failed. The Court adjourned to 4/06/2018 to enable the two Waliyi to sit with the respondent and the appellant to solve the issue and to report the outcome to the Court.

​On the resumed sitting on 4/06/2018, the respondent and her Waliyi were in Court while the appellant and his Waliyi were not in Court, with no reason for their absence. Later on, the learned trial Judge received a letter from the Deputy Chief Registrar’s office directing him to suspend any action and he obeyed the instruction. On 21/06/2018 the learned trial Judge received a letter that said he should continue with the case. He complied with the instruction and summoned the appellant to appear in Court for the continuation of the cases. All parties were present in Court and the learned trial Judge ordered the respondent to go back to the house of the appellant. The respondent started crying in the Court hall.

On 25/06/2018, the appellant reported to the Court that his wife did not obey the Court order. She refused to go to his house. The learned trial Judge asked the respondent why she refused to obey the Court order. The respondent replied that she does not love her husband. The learned trial Judge asked the appellant what he has to say. And the appellant said, “let her pay me what I spend.” In response, the respondent said she will pay him his Sadaqi, N20,000.00. The appellant replied that she will pay him N2,100,000.00, one cow and one startime. The respondent said she will give him his Sadaqi N20,000.00 and one cow.

In his judgment the learned trial Judge held thus:

“Court give judgment in favour of the complainant that she will give the defendant:

1. Instead of N20,000.00 Sadaqi she will give the defendant the sum of N80,000.00.

2. He made a gift of a cow and he claim it before the Court, Court give ordered that the complainant give him his cow to have peace.

3. She has to give him his star time as he claims.

This order should be made within 14 days as from today 25/6/2018.”

Being aggrieved by the decision of the trial Court, the appellant appealed to the lower Court. The lower Court affirmed the decision of the trial Court. And upon being further aggrieved by the decision of the lower Court, the appellant appealed to this Court after obtaining an order for an extension of time to appeal which was granted on the 10th November, 2020.

ISSUES FOR DETERMINATION

The Court considered the appeal on the following issues for determination;

“i. Whether the lower Court was right to have affirmed the decision of the trial Court dissolving the marriage between the appellant and the respondent even where the trial Court ordered the respondent to return to her matrimonial home as she failed to prove her case.

ii. Whether the lower Court was right to have affirmed the decision of the trial Court for the payment of compensation of N80,000.00 only by the respondent in favour of the appellant as opposed to the sum of N2,100,000.00 sought by the appellant at the trial Court.”

DECISION/HELD

In the final analysis, the Court held that the appeal lacked merit and it was accordingly dismissed.

RATIOS:

• ISLAMIC LAW AND PROCEDURE – ISLAMIC LAW MARRIAGE: Meaning of Khu’lu; the position of the law as regards the dissolution of marriage through the process of Khu’lu
• ISLAMIC LAW AND PROCEDURE – ISLAMIC LAW MARRIAGE: Position of the law as regards the sums of money or items which are regarded as refundable or claimable in the case of Khu’lu divorce
• ISLAMIC LAW AND PROCEDURE – ISLAMIC LAW MARRIAGE: Position of the law as regards the dissolution of marriage through the process of Khu’lu