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International Journal of
Law
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VOL. 8, ISSUE 6 (2022)
Examining the judicial divorce application under the Kadhis’ courts in Zanzibar
Authors
Humoud Said Humoud, Abbas Mohamed Omar
Abstract
The rate of divorce has been increasing extremely in Kadhi’s Court in Zanzibar, whereby early marriage along with little marriage knowledge are considered as among main factors for this critical challenge. The aim of this paper is to address the application of judicial divorce under the Kadhis’ Courts in Zanzibar. The study used a case study design, whereas a qualitative method was used to collect, analyze and interpret data. Primary data was collected through focus group discussions. A total of 30 divorcees and 15 staff from Kadhi’s Court were involved in this data. A non-probability sampling under purposive sampling techniques was applied for selecting respondents for this study. The study found that Fasakh and Khulu were the main judicial devises applied in the courts to end a marriage contract. Many women in Zanzibar are aware of Khulu and this trend is strongly associated with a wife’s responsibility for the breakdown of the marriage and the return of the dower to her husband. Moreover, the general behavior of wives or husbands contributed to the increasing rate of divorce granted by Kadhis which left no room for mutual adjustment for themselves as well as when the matter reached the Kadhis for reconciliation.
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Pages:69-75
How to cite this article:
Humoud Said Humoud, Abbas Mohamed Omar "Examining the judicial divorce application under the Kadhis’ courts in Zanzibar". International Journal of Law, Vol 8, Issue 6, 2022, Pages 69-75
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