The application and practice of Islamic law of divorce:a case study of the Wanga Muslim Community of Western Kenya

Abstract

This thesis is a result of field work undertaken in Mumias and Matungu Divisions of Kakamega District in Kenya. The study attempted to establish the extent of application and practice of Islamic Law of Divorce amongst the Wanga Muslim Community. The objectives of the study were, to identify and examine the grounds for divorce in Shari' a, identify and examine the grounds of divorce in the Wanga Customary practice, assess reasons why the Wanga Customary practice has resisted Change despite the Wanga Muslims requirement to observe Sharia, determine the compatibility and incompatibility of Shari' a and the Wanga Customary practice. This study also attempted to show how the Kadhi's court plays a significant role in solving matrimonial disputes. Wanga community was introduced to Islam since late nineteenth century when caravans of Muslim traders started arriving in the Wanga land. Islam grewstronger when Nabongo Mumia (the King of Wanga) embraced the new faith in the kingdom. Most Wanga, later on, emulated their leader and accepted their King's new faith. In acceptance of Islamic faith, the Wanga Muslims assimilated Islamic teachings gradually in place of their customs. However, it was not easy for them to accept the replacement of customary practiceof divorce. This study has shown that the Wanga Muslims are more inclined towards traditional practices as opposed to the application of Shari'a on matters concerning matrimonial disputes which humiliates women. Most divorce cases were conducted customarily as opposed to Shari'a, although Shari'a was observed in most of the marriages. At the same time ignorance of religious teachings prevailed in most of my respondents. The data analyzed in this study shows that majority of the respondents never attended madrasa except for a few who know the basic religious requirements. The data for the study was collected through Library research, filling in questionnaires and interviews conducted amongst the Wanga people in the locations of Mumias and Matungu Divisions of Kakamega District. Sages, Muslim officials, divorcees and the Kadhis were the respondents of this study. Later, data was analyzed through descriptive method and distributed to relevant chapters. The study explained the nature of Islamic Law of Divorce in chapter two as revealed in the Muslims' scriptures. It also explained how that Law is put in practice in the Kenyan Law Courts. The Wanga customary practice of divorce is expounded in chapter three. Chapter four dealt with the current practice of the Wanga Muslim community in matters concerning matrimonial problems. The study recommended that the Government should provide the Kadhis' Courts with sufficient equipment and manpower to enable them serve the people more efficiently. It also suggested that the Kadhis' Courts should be increased to the District level. The Kadhis should also be allowed to act as counsellors at times to help in creating awareness amongst the people. The area represented by the Kadhis should also be differentiated from the administrative boundaries and create Kadhis' zones instead. This would help the people in seeking assistance from these offices more effectively