Imam Ousman Jah Calls for Codified Cadi Court System to Tackle Divorce and Child Maintenance Disputes

Written by: Alieu Jallow

Islamic scholar Imam Ousman Jah has called for the establishment of a codified Cadi Court system in The Gambia, arguing that it would help address rising divorce cases, persistent child maintenance disputes, and the weak enforcement of family court decisions.

Speaking during a Mobile Legal Clinic on the rights of women and children organised by the Female Lawyers Association of The Gambia (FLAG) in partnership with the Clooney Foundation for Justice in Lamin over the weekend, Imam Jah said many women continue to suffer the consequences of marital breakdowns, including sexual and gender-based violence, abandonment, and the failure of some fathers to fulfil their maintenance obligations.

Drawing lessons from Morocco, the respected preacher said The Gambia could strengthen family justice by introducing a codified Cadi Court system to regulate divorce, child maintenance, and polygamous marriages while ensuring court orders are effectively enforced.

“I learned a system in Morocco that, if The Gambia adopts it, many of these problems will end. In Morocco, a man cannot simply wake up and divorce his wife. He must apply to the court, which summons the wife and hears both parties. If the divorce proceeds, the court ensures that the woman’s rights are protected. She is not forced out of the matrimonial home immediately, and the husband remains responsible for her upkeep. Where necessary, the court assesses the man’s assets and can require him to provide suitable accommodation for his wife,” Imam Jah explained.

In The Gambia, Cadi Courts hear family matters involving Muslims, including divorce, child custody, and maintenance, in accordance with Islamic law. Imam Jah argued that the country could learn from Morocco, where reforms to the Family Code (Moudawana) introduced greater judicial oversight of family matters while seeking to strengthen legal protections for women and children.

He further noted that Morocco’s legal framework also places polygamous marriages under judicial oversight. According to him, before a man can marry another wife, the court hears the views of the existing wife and assesses whether the prospective husband has the financial capacity to treat both wives fairly and fulfil his obligations before granting approval.

“If you cannot adequately care for two wives, the court will not permit you to marry another. You cannot simply wake up and decide to take a second wife without considering the consequences. The court examines your financial capacity and ensures the rights of the first wife are protected. She retains her home, continues to receive maintenance, and is not compelled to live with another wife against her wishes. The second wife is equally entitled to her rights. This kind of responsibility is what we need,” he said.

Imam Jah argued that adopting a similar system in The Gambia would help reduce arbitrary divorces, strengthen the enforcement of child maintenance obligations, and provide greater protection for women and children, who are often bear the social and economic burden of family breakdowns.

He concluded by urging the Female Lawyers Association of The Gambia to champion legal reforms aimed at establishing a codified Cadi Court system that would better safeguard the rights of women and children while promoting justice and accountability in family matters.