A Court of Appeal sitting in Kano, last week, ruled that a marriage between a Muslim to a Christian lady does not nullify the religion of the husband.
In a unanimous ruling, the court said the fact that a Muslim married a woman with another religion is allowed, but cannot change the religion of the husband.
The court rulings follow an appeal against another judgement by an Appeal Court in Kwara state over the inheritance of an army Major who died while in service.
Late Major Mohammed Arogun Adeniyi died and left behind three wives, and his aged parents.
However, one of the wives, who is the first wife and a Christian approach the court that she was the only person with her children that has the right to the late Major Mohammed inheritance, excluding the other wives, and children, including the aged parents.
She approached the court to allow her and her children have all the decease’s inheritance according to Christianity laws.
The late Major during his life time had married two other women, Maimuna Mohammed, and Inna Fatima Mohammed according to Islamic laws, while the first wife, Evangelist Mrs Olabisi Mohammed was married under the Marriage Act.
The army promptly paid the late solider’s entitlements and gratuity, to the decease’s first daughter, Nike, as the next of kin.
The Appeal Court after listening to the submission of the learned counsel for the appellants, Tajudeen Oladoja SAN, ruled that the administration of estate of a person who lived and died as a Muslim, but married a Christian under the marriage act is governed by Islamic laws.
The deceased Major though married to his first wife under the marriage act, was born a Muslim and died as one and the late officer being a Muslim was rightly entitled to more than one wife, but not exceeding four at a given time, and he was also free to marry a Christian .The fact that the late Major Mohammed married a Christian under the marriage act does not mean he renounced his Islamic Faith. His subsequent marriages to Maimuna Mohammed and Inna Fatima Mohammed under the Islamic laws, were in consonance with his constitutional guarantee right. The court hereby accept the submission of the learned counsel that the inheritance of the late Major Mohammed is for all those he left behind, including his aged parents.
Summary of the Court Ruling
A Kano Court of Appeal recently ruled that:
- A Muslim marrying a Christian does not change the husband’s religion.
- The ruling was made in response to a case regarding the inheritance of Late Major Mohammed Arogun Adeniyi.
Key Details of the Case:
- Background:
- Late Major Mohammed had three wives:
- Evangelist Mrs. Olabisi Mohammed (first wife, married under the Marriage Act)
- Maimuna Mohammed (married under Islamic law)
- Inna Fatima Mohammed (married under Islamic law)
- He passed away while in service, leaving behind his wives and aged parents.
- Appeal:
- The first wife, a Christian, sought exclusive rights to the late Major’s inheritance for herself and her children based on Christian laws.
- Court’s Findings:
- The court determined:
- The deceased was a Muslim at birth and death, and his marriages were lawful under Islamic law.
- A Muslim can marry a Christian and still retain their Islamic faith.
- Inheritance matters for a Muslim who married under the Marriage Act are governed by Islamic laws.
- The court ruled that all parties, including the aged parents, have rights to the inheritance.
- Outcome:
- The army paid the late soldier’s entitlements to his first daughter Nike as the next of kin.
- The court confirmed that the late Major’s estate is to be distributed among all his heirs, including his wives and parents.
