The Islamic Law of Marriage and Inheritance in Kenya
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Date
2021
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Cambridge University
Abstract
Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the
extent strictly necessary for the application of” Islamic law “in matters relating to
personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act
provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under
Islamic law”. The Law of Succession Act states that it is generally not applicable
to the estate of a deceased Muslim. In this article, the author examines case law
from the Kadhi’s Court, the High Court and the Court of Appeal on issues of
Muslim marriages and inheritance. These cases illustrate, in some instances, the
tensions between Islamic law and human rights.
Description
Keywords
Kenya, Islamic law, Sharia, Muslim law, Kadhi's court
Citation
Mujuzi, Jamil. (2021). The Islamic Law of Marriage and Inheritance in Kenya. Journal of African Law. 1-25. 10.1017/S0021855321000346.