World Class Higher Education: USIM LAW Undergraduate 7

World Class Higher Education: USIM LAW Undergraduate

 

1. Provide the origin and ratio decidendi of these cases:

 

ii. Mustapha v  Habeeba (10 marks)

 

Answer Scheme

 

In the Negeri Sembilan case of Mustapha v Habeeba,(1 mark)the learned kadi who heard the case held that three divorces had been effected (1 mark)

when the husband as alleged pronounced,

‘I divorce you. I divorce you. I divorce you’

to the wife.(1 mark)

The learned kadi did not call any witnesses to support the husband’s statement.(1 mark)

The Appeal Board ordered

the case to be retried (1 mark)

as the case had not been heard

and adjudged correctly,(1 mark)

because no witnesses had been called.(1 mark)

They held that the mere statement (iqrar) of the husband could not be accepted (1 mark)

as it was not conclusive (1 mark)

and the circumstances and conditions of the making of the statement were not considered.(1 mark)

 

Sample answer by USIM LAW undergraduate 1050637

 

This case is about talaq divorce. In this case, the husband was divorce his wife and the Kadi was held that the divorce was effected. The husband appealled. He alleged that at that time he was not in proper sense and was induced by black magic. The appeal committee was allowed the appeal and held that the previous Kadi was not considered the husband’s allegation. The court, in determining the divorce cases must taken into consideration the reason from the husband. The Kadi also must investigate the husband whether the allegation made by him is true or not.

 

In divorce cases, the Kadi must consider the arguement from both parties and not only from one party only. 

 

(Marks earned: One (1) out of Ten)

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