Judgment, 17 March 1983.
The parties were the mother of three children and their paternal grandmother, who both sought custody of the children after the children's father died. The grandmother claimed custody on the basis of Islamic customary law, which gives custody of children to the paternal side of the family after the children reach the age of seven. The State Court of Niger ruled that custody should not be determined on the basis of customary law, but on the basis of what was best for the children. Although it did not give custody to the mother, it did give it to the mother's mother, who the Court believed would be in the best position to raise them properly.
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