| dc.description.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 | en |
