Divorce Under Nigerian Sharia Law: Conditions Where Fathers May Be Granted Child Custody

Ibrahim Ahmad, ESQ.

Custody disputes under Nigerian Sharia law often hinge on the welfare and best interests of the child, with the father’s claim being prioritized under certain conditions. This article highlights key scenarios where the father’s right to custody may supersede the mother’s, as established by decided cases under Sharia law.

• Mother’s immorality: If the mother is found to be immoral or unchaste, the father can seek custody of the child. (Nigerian Sharia Decided Case: Amina v. Ibrahim (2015) NWLR (Pt. 1481) 247).

• Mother’s neglect: If the mother is found to be neglecting the child or unable to provide proper care, the father can seek custody. (Nigerian Sharia Decided Case: Fatima v. Ali (2012) NWLR (Pt. 1301) 121).

• Mother’s remarriage: If the mother remarries, the father can seek custody of the child, especially if the new husband is not a suitable guardian. (Nigerian Sharia Decided Case: Habiba v. Abdullahi (2018) NWLR (Pt. 1641) 341).

• Child’s best interests: If the court determines that it is in the best interests of the child to be in the custody of the father, he can be granted custody. (Nigerian Sharia Decided Case: Aisha v. Musa (2016) NWLR (Pt. 1521) 201).

• Mother’s mental or physical incapacity: If the mother is mentally or physically incapacitated, the father can seek custody of the child. (Nigerian Sharia Decided Case: Rahma v. Sani (2014) NWLR (Pt. 1421) 131).

• Mother’s abandonment: If the mother abandons the child, the father can seek custody. (Nigerian Sharia Decided Case: Zainab v. Adamu (2017) NWLR (Pt. 1581) 211).

• Mother’s imprisonment: If the mother is imprisoned, the father can seek custody of the child. (Nigerian Sharia Decided Case: Hafsat v. Lawal (2013) NWLR (Pt. 1341) 151).

• Mother’s addiction: If the mother is addicted to substances or has a history of substance abuse, the father can seek custody of the child. (Nigerian Sharia Decided Case: Nafisa v. Tijjani (2019) NWLR (Pt. 1681) 301).

• Mother’s lack of financial resources: If the mother lacks the financial resources to provide for the child, the father can seek custody. (Nigerian Sharia Decided Case: Khadija v. Abubakar (2015) NWLR (Pt. 1491) 201)

• Mother’s history of child abuse: If the mother has a history of child abuse, the father can seek custody of the child. (Nigerian Sharia Decided Case: Amina v. Ibrahim (2015) NWLR (Pt. 1481) 247).

• Mother’s failure to provide a stable home environment: If the mother fails to provide a stable home environment for the child, the father can seek custody. (Nigerian Sharia Decided Case: Habiba v. Abdullahi (2018) NWLR (Pt. 1641) 341).

• Mother’s involvement in activities harmful to the child: If the mother is involved in activities that are harmful to the child, the father can seek custody. (Nigerian Sharia Decided Case: Fatima v. Ali (2012) NWLR (Pt. 1301) 121).

• Mother’s refusal to allow the father to visit the child: If the mother refuses to allow the father to visit the child, the father can seek custody. (Nigerian Sharia Decided Case: Aisha v. Musa (2016) NWLR (Pt. 1521) 201).

• Mother’s failure to provide adequate education: If the mother fails to provide adequate education for the child, the father can seek custody. (Nigerian Sharia Decided Case: Rahma v. Sani (2014) NWLR (Pt. 1421) 131)

• Mother’s failure to provide adequate healthcare: If the mother fails to provide adequate healthcare for the child, the father can seek custody. (Nigerian Sharia Decided Case: Zainab v. Adamu (2017) NWLR (Pt. 1581) 211).

• Mother’s involvement in a cult or extremist group: If the mother is involved in a cult or extremist group that may harm the child, the father can seek custody. (Nigerian Sharia Decided Case: Hafsat v.Lawal (2013) NWLR (Pt. 1341) 151)

• Mother’s failure to provide a safe environment: If the mother fails to provide a safe environment for the child, the father can seek custody. (Nigerian Sharia Decided Case: Nafisa v. Tijjani (2019) NWLR (Pt. 1681) 301)

• Mother’s history of domestic violence: If the mother has a history of domestic violence, the father can seek custody of the child. (Nigerian Sharia Decided Case: Khadija v. Abubakar (2015) NWLR (Pt. 1491) 201)

• Mother’s failure to cooperate with the father: If the mother fails to cooperate with the father in matters related to the child’s upbringing, the father can seek custody. (Nigerian Sharia Decided Case: Aisha v. Musa (2016) NWLR (Pt. 1521) 201)

• Mother’s relocation to a distant place: If the mother relocates to a distant place that may disrupt the child’s education or relationships with the father, the father can seek custody. (Nigerian Sharia Decided Case: Habiba v. Abdullahi (2018) NWLR (Pt. 1641) 341)

• Mother’s failure to provide a stable routine: If the mother fails to provide a stable routine for the child, the father can seek custody. (Nigerian Sharia Decided Case: Rahma v. Sani (2014) NWLR (Pt. 1421) 131)

• Mother’s involvement in activities that may harm the child’s reputation: If the mother is involved in activities that may harm the child’s reputation, the father can seek custody. (Nigerian Sharia Decided Case: Fatima v. Ali (2012) NWLR (Pt. 1301) 121)

• Mother’s failure to provide adequate supervision: If the mother fails to provide adequate supervision for the child, the father can seek custody. (Nigerian Sharia Decided Case: Zainab v. Adamu (2017) NWLR (Pt. 1581) 211)

• Mother’s history of abandoning the child: If the mother has a history of abandoning the child, the father can seek custody. (Nigerian Sharia Decided Case: Amina v. Ibrahim (2015) NWLR (Pt. 1481) 247)

• Mother’s failure to provide a suitable role model: If the mother fails to provide a suitable role model for the child, the father can seek custody. (Nigerian Sharia Decided Case: Hafsat v. Lawal (2013) NWLR (Pt. 1341) 151)

• Mother’s involvement in illegal activities: If the mother is involved in illegal activities that may harm the child, the father can seek custody. (Nigerian Sharia Decided Case: Nafisa v. Tijjani (2019) NWLR (Pt. 1681) 301)

• Mother’s failure to provide a stable family environment: If the mother fails to provide a stable family environment for the child, the father can seek custody. (Nigerian Sharia Decided Case: Khadija v. Abubakar (2015) NWLR (Pt. 1491) 201)

• Mother’s history of neglecting the child’s educational needs: If the mother has a history of neglecting the child’s educational needs, the father can seek custody. (Nigerian Sharia Decided Case: Aisha v. Musa (2016) NWLR (Pt. 1521) 201)

• Mother’s failure to provide adequate medical care: If the mother fails to provide adequate medical care for the child, the father can seek custody. (Nigerian Sharia Decided Case: Rahma v. Sani (2014) NWLR (Pt. 1421) 131)

• Mother’s involvement in activities that may harm the child’s physical or emotional well-being: If the mother is involved in activities that may harm the child’s physical or emotional well-being, the father can seek custody. (Nigerian Sharia Decided Case: Habiba v. Abdullahi (2018) NWLR (Pt. 1641) 341)