Ms Halima Masheko, 21, supports her self with crutches. She says her former husband filed for divorce when she suffered a serious motor accident and was left with no one to fend for her. PHOTO | ESTHER MNGONDO
By Esther Mngodo The Citizen ReporterIN SUMMARY
- MARRIAGE: Deputy Chief Kadhi says the rate of divorce in Zanzibar is still high despite government intervention
- As the largest Kadhi Court in Zanzibar, Mwanakwerekwe District Kadhi Court had issued 160 talaks from July to September, 175 talaks from April to June and 180 talaks from January to March this year
Zanzibar. More than 500 divorces (talak) have been issued in just one Kadhi court in Zanzibar from January to September 2014, The Citizenhas learnt.
As the largest Kadhi Court in Zanzibar, Mwanakwerekwe District Kadhi Court had issued 160 talaks from July to September, 175talaks from April to June and 180 talaks from January to March this year. The cases keep on growing and experts warn it is reaching unprecendted levels.
Deputy Chief Kadhi Hassan Othman Ngwali, says the rate of divorce in Zanzibar is still high despite government intervention. The Kadhi said 1,600 talaks were issued last year by six Kadhis in Unguja alone. However, Zanzibar has a total of 11 Kadhi courts, five in Pemba. Kadhi courts resolve cases that involve inheritance issues, marriage and children.
Although the statistics are alarming, Kadhi Ngwali says that it is hard to say how high the divorce rate is. “We cannot say that there is an increase compared to other years since not all are issued in court. There are some that are done outside the court and still considered valid,” he said.
However, a study released in 2013 by the Ministry of Social Welfare, Youth, Women and Children Development in Zanzibar indicates a rate of 31.8 per cent among the respondents. The districts leading are Mjini 19.3 per cent; Kaskazini B 15.2 per cent; Kati 10.9 per cent and Kusini 10.5 per cent.
Activists are blaming the government for delaying the process of reviewing the Kadhi Law of 1985 that is ongoing. It is not so hard to get divorced in Zanzibar. If you are a man, all you need to do is to write threetalaks and return the dowry you paid. If you are a woman, all you need to do is ask your husband to divorce you and return the dowry he paid, usually, just a token.
Speaking to The Citizen, Ms Jamila Mahmoud, Executive Director Zanzibar Female Lawyers Association (Zafela), blames the Kadhi courts for the ease in ganting divorce.
The problem, she says, is that most Kadhis are not knowledgeable in secular laws. “Kadhis are not well conversant with the civil procedures because the first qualification in being a Kadhi is that you have Islamic knowledge. It becomes hard to manage the cases using the required civil procedures. Kadhis simply give counsel but this isn’t enough,” she says.
The study found that the laws for matrimonial issues are scattered and are not comprehensive. It adds that Islamic law on marriage is not codified and is left for the Kadhis to interpret as they deem fit. Moreover, the Kadhi court doesn’t have any legal powers to summon the accused or execute judgement. The accused may decide to do or not to do what the court has ordered.
One of the recommendations made by gender activists and legal bodies in the isles is to incorporate secular laws so that women are able to enjoy their rights fully. “If someone is not satisfied with the Kadhi court’s ruling, they should be able to appeal to the district court where their case will be heard in the presence of four Kadhis and a magistrate,” Jamila says.
She says that things are slowly changing. “We are thankful that there are recently new graduates from Zanzibar University with a degree in Sharia Law. This is good because it means that they are well conversant with both – Islamic procedures and civil procedures. We want the law to state these qualifications so that it is binding. If not, they might be temporal,” says Jamila.
Kadhi Ngwali says that the court has seen the need to educate couples before they marry in trying to reduce the number of cases. “Christians are accustomed to pre-marital counseling. We Muslims only have somo for women, where they learn how to care for their husbands. But little is taught about the realities of marriage life. We want to start doing these sessions,” he explains.
The court of love
Halima Masheko, 21, wonders why her marriage couldn’t be saved there. Her husband left her after she was involved in an accident and hurt her legs. He thought she wouldn’t walk again; but she is now recovering.
Halima’s mother, Fatma Abeid, thinks that Halima settled for Sh40,000 that her ex-husband is to provide monthly for their two children because she loves him still.
“She loves him. That’s why she couldn’t be too hard on him. The court should have strict rules when it comes to financial care since the wife might be clouded by emotions,” she says.
But Kadhi Ally Hamis Musa, in-charge of Mwanakwerekwe Kadhi Court, refutes this. “I don’t know the binding clauses or which are being reviewed but I do know that this isn’t a ‘court of love’ as they call it. Its proper name is a ‘Kadhi Court’ and that is what it should be called,” he said.
Jamila says that this is one of the things that has been recommended for revision. Although Kadhi Ngwali says the law has made it clear. “It says that you shouldn’t give more than Sh50,000 per month. You would be breaking the law if you gave more than Sh500,000 a year,” he said.
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