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 Mohammeden Marriage vs. Civil Marriage
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Nyarikangbanna

United Kingdom
1382 Posts

Posted - 06 Jul 2008 :  16:57:16  Show Profile Send Nyarikangbanna a Private Message
quote:
Originally posted by gambiabev

This topic is interesting for anyone in UK...because once again it is in the news about allowing Kadi type court in UK.

Personally I am against it. I think if you choose to live in a country you should live by the laws of that country. If you don't like it you should go and live somewhere else! I bet I get called Racist for that!

If I lived in a country I would try really hard to integrate and conform to the laws. If I couldnt do it I would go home.

The UK has a legal system that is respected around the world. In my view in shouldn't be under mind by bringing in different systems.





It is illegal to import and/consume Alcahol in Saudi Arabia but the big British expertarate community living there constantly flout this law blatantly. May be their British/English conscience should tell them to leave that country for good.

Gambiabev's argument above is just one of those typical English arrogance. They want every to live like them and yet when they go to other countries particularly the gulf states they don't live like them. They keep their western way of life.

Typical!




I do not oppose unity but I oppose dumb union.

Edited by - Nyarikangbanna on 06 Jul 2008 16:59:59
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mbay

Germany
1007 Posts

Posted - 06 Jul 2008 :  17:23:54  Show Profile Send mbay a Private Message
If you marriage with a different side of yours then you most be ready for the consequence of difficulty.
This or that, the best is to marriage some one that belongs to your religion so that the problems of this hick-hack of living can prevents.
Yes we as man can marry outside of Islam ,like jews or Christian. but i have experienced this with my south African sister for what difficulty is behind it.
I would not accept a pork or alcohol in my refrigerator or and how can some one tell me that she /he can share a bed with some one with alcohol smiling?.

Edited by - mbay on 06 Jul 2008 17:24:41
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Sister Omega



United Kingdom
2085 Posts

Posted - 06 Jul 2008 :  19:55:04  Show Profile  Visit Sister Omega's Homepage Send Sister Omega a Private Message
Mbay not all Christians drink neither do all Muslims refrain from Alcohol.
As for the Pork that can't be excused.



Peace

sister Omega

Peace
Sister Omega
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gambiabev

United Kingdom
3091 Posts

Posted - 06 Jul 2008 :  23:39:32  Show Profile Send gambiabev a Private Message
Nyarikangbanna...you talk alot about 'they'....is that english people? Are you stereotyping?

I have only travelled from Uk for holidays, I have never lived in another country. If I ever did I would respect the laws of the country and if I didnt feel able to do that I wouldnt accept a job there in the first place.
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mansasulu



997 Posts

Posted - 07 Jul 2008 :  04:25:54  Show Profile Send mansasulu a Private Message
quote:
Originally posted by njucks

quote:
Originally posted by turk

What if you want to appeal? Can you appeal decision by Kadi Court? If yes, where? To Saudi Arabia or something?



Turk, i dont think your question on Appeal has been answered. Marriages in a mosque are legally recognised as well whether they are registered or not. i have seen a certificate from a Kadi Court before. my take on this is that the Legal system as a whole makes special recognition for Sharia law limited to Inheritance and Marriage. Thus any decisions by a Sharia court would stop there.

Then the interesting bit about one's Constitutional right to appeal? Maybe the Kadi courts have higher and upper Courts?

Most gambians are Sunni muslims but with immigration foreigner who also marry and divorce as well in The Gambia.

interesting question.

i agree with SO that they are not 'sham marriages'.



Njucks is right as far as appeals to. The supreme court does not have jurisdiction over the rulings of the Cadi Cort. My bad for the confusion and error in my earlier posting.


"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)

...Gambian by birth, Muslim by the grace of Allah...

Edited by - mansasulu on 07 Jul 2008 04:28:05
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mbay

Germany
1007 Posts

Posted - 07 Jul 2008 :  07:36:40  Show Profile Send mbay a Private Message
Hi SIS, sorry but when i refer these then i means just them.
understand me that am not beating them all with the same stick, no no no. I remember growing up with aku boys from Bo to Banjul.
we are shearing gifts to each other in every occasion and that is still going on till today.(hmm Remembers Nanibouro/Nanoboru?)
that is aku best food i love and missed it.
Indeed some of them takes life in right familiars way than some of Muslims that's is why we are allowed to marry with good chr. or jws.(simply. A people of the books)

and for me a Muslim that drinks is not a Muslim or at least good one because we know is forbidding and what is broking the rules should not be taking as simple thing.

quote:
Originally posted by Sister Omega

Mbay not all Christians drink neither do all Muslims refrain from Alcohol.
As for the Pork that can't be excused.



Peace

sister Omega

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toubab1020



12312 Posts

Posted - 07 Jul 2008 :  12:46:42  Show Profile Send toubab1020 a Private Message
[quote]Originally posted by mbay
[ I remember growing up with aku boys from Bo to Banjul.
we are shearing gifts to each other in every occasion and that is still going on till today.(hmm Remembers Nanibouro/Nanoboru?)

mbay,
Did you ever come across a grand old lady called Winifred who used to teach at a school in England before she retired,when she was quite old she married I think Sam Sarr,who has since died,is Winifred still about? I had tea with her one day in her house in Banjul.

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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mansasulu



997 Posts

Posted - 07 Jul 2008 :  15:05:22  Show Profile Send mansasulu a Private Message
Sis Omega, I am not insinuating that any Gambian who marries a foreigner is engaged in a sham marriage. Undoubtedly there legitimate ones. The ones I am referring to are cases where a gambian marries a tourist twice their age just for the opportunity to go overseas. I believe the license fees to a marriage between citizens and aliens was increased because there is a general feeling that such marriages are sham marriages. Furthermore, there is enough evidence to shoe that such marriages do not last more than a couple of years. Usually, they collapse when it is no more convenient to either party.

"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)

...Gambian by birth, Muslim by the grace of Allah...
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MADIBA



United Kingdom
1275 Posts

Posted - 07 Jul 2008 :  15:58:58  Show Profile Send MADIBA a Private Message
quote:
Originally posted by Janko

I have never seen or heard of a marriage couple belonging to two different religions(in Gambia), one converts to the other’s religion before marriage. In my knowledge a case of this kind would never happen. Things may change now; if so accept my lack of knowledge in the matter.



There are many of such marriages these days. i know a few

madiss
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mansasulu



997 Posts

Posted - 07 Jul 2008 :  16:25:09  Show Profile Send mansasulu a Private Message
There was an interesting case in 1967 when Haddy Goddard (a muslim) married Ebrima Goddard (then a christian) allegedly in a muslim marriage (illegal under shariah). They had a daughter (Mary Goddard) later on in the marriage who was christian. Twenty years later, Haddy Goddard converted to christianity and they contracted their marriage under civil law. Anyway, to cut a long story short, Ebrima Goddard later on converted to islam and married a second wife under islamic law and the first wife sued because under statutory law he committed bigamy.

"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)

...Gambian by birth, Muslim by the grace of Allah...
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MADIBA



United Kingdom
1275 Posts

Posted - 07 Jul 2008 :  16:29:18  Show Profile Send MADIBA a Private Message
quote:
Originally posted by mansasulu

There was an interesting case in 1967 when Haddy Goddard (a muslim) married Ebrima Goddard (then a christian) allegedly in a muslim marriage (illegal under shariah). They had a daughter (Mary Goddard) later on in the marriage who was christian. Twenty years later, Haddy Goddard converted to christianity and they contracted their marriage under civil law. Anyway, to cut a long story short, Ebrima Goddard later on converted to islam and married a second wife under islamic law and the first wife sued because under statutory law he committed bigamy.



Great historical piece. There are families like that in Banjul and environs

madiss
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toubab1020



12312 Posts

Posted - 07 Jul 2008 :  16:59:59  Show Profile Send toubab1020 a Private Message
So.... to cut a long story short, be careful what you do,the law is all powerful,weather is a "sham marriage" or a "love marriage" or any other kind of marriage, as you say Madiba:
"Great historical piece. There are families like that in Banjul and environs"

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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njucks

Gambia
1131 Posts

Posted - 07 Jul 2008 :  18:32:12  Show Profile Send njucks a Private Message
quote:
Originally posted by Nyarikangbanna

[quote]

It is illegal to import and/consume Alcahol in Saudi Arabia but the big British expertarate community living there constantly flout this law blatantly. May be their British/English conscience should tell them to leave that country for good.




NyarinK,

perhaps to borrow a phrase from gambiabev '' there is an element of truth in every stereotype''

Imagine, being british, born in the UK, and being a muslim being told to pack and leave sinply because you dont conform to the Anglican ''state religion''.

this dabate, shows the right of the individual (constitutional rights) and rights under Acts of Parliament whether it recognises religious laws or not.

thats whats makes it interesting not arrogant statementS about other citizens being different and/or where they should go back to.
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Nyarikangbanna

United Kingdom
1382 Posts

Posted - 07 Jul 2008 :  22:46:38  Show Profile Send Nyarikangbanna a Private Message
quote:
Originally posted by mansasulu

There was an interesting case in 1967 when Haddy Goddard (a muslim) married Ebrima Goddard (then a christian) allegedly in a muslim marriage (illegal under shariah). They had a daughter (Mary Goddard) later on in the marriage who was christian. Twenty years later, Haddy Goddard converted to christianity and they contracted their marriage under civil law. Anyway, to cut a long story short, Ebrima Goddard later on converted to islam and married a second wife under islamic law and the first wife sued because under statutory law he committed bigamy.



You got to remember that by 1967,The Gambia was not a republic and had no constitution of its own. Acts of Westminster Parliament in London were still transposed into our legal system through royal ordinance.

After 1970 when we became a republic with a written constitution, bigamy would have been non-justiceable in our courts as it is a custom recognised and preserved by both the 1970 and 1997 Consitutions.

Thanks

I do not oppose unity but I oppose dumb union.

Edited by - Nyarikangbanna on 07 Jul 2008 22:50:14
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mansasulu



997 Posts

Posted - 08 Jul 2008 :  05:11:53  Show Profile Send mansasulu a Private Message
This case made it all the way to the supreme court and even then and there the laws of Shariah were used to determine the outcome of the appeal. Even though we were not a republic by 1967, the prevailing legal system recognized the Cadi system.

Just this year, a briton was charged with Bigamy in Gambia so bigamy is apparently still "justiceable" in our courts under Section 154 of the Criminal Code.

"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)

...Gambian by birth, Muslim by the grace of Allah...
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