against the Appellant for the paternity of the child (a baby girl) born by his daughter named Zalihatu, the
Appellant's former wife.
The Respondent alleged that before the wedding was officially solemnized between the Appellant and
his daughter in accordance with the Islamic rites, the Appellant had an affair with his daughter and
impregnated her. After seven weeks of the wedding, when the Appellant realized that his wife was
pregnant, he returned her back to her elder sister's house. (See page 1 of the English version of the
records of appeal).
1
When the substance of the complaint was read to the Appellant, he denied the allegation that he ever
had an affair with the Respondent's daughter before the marriage was officially solemnized. The
Appellant further stated that it was his mother who informed him that the Respondent's daughter was
pregnant and he took her to a hospital in Yauri where she was confirmed to be seven (7) months
pregnant and later she was taken to another hospital and the result showed she was five (5) months
pregnant and later went to another hospital in Tambuwal for the third medical opinion and the
Respondents daughter was confirmed to be five (5) months and five (5) days pregnant. The Appellant
further stated that their marriage was only two (2) months old.
The Respondent as well admitted the fact that the marriage was then two months old as stated by the
Appellant, but that the dowry was paid about seven (7) months before the marriage and the Appellant
was the only person who used to see her and that they used to isolate themselves, that is why they
suspect the Appellant to be responsible for the pregnancy because she was prevented from going
anywhere.
2
The trial Court adjourned the matter sine die pending when the Respondent's daughter puts to bed.
After delivery, the Court invited both parties, conducted I'izar and entered judgment against the
Appellant confirming the paternity of the child on the appellant relying on the authority in Tuhfatul
Hukkam Vol. 1 page 346.