JUDICIAL DIVORCE UNDER ISLAMIC LAW IN KENYA: AN EXPOSE

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Abstract
There is inadequate information about the judicial divorce procedures as practiced in Kadhis courts in Kenya. Consequently, more so non-Muslims, barely have a clear understanding of the said procedure. A lack of understanding on what happens in the Kadhis courts in Kenya during divorce proceedings has fuelled misconceptions about divorce under Islamic law. Some people allege that divorce under Islamic allows for marriages to be dissolved with much ease. Similarly, some people are of the view that under Islamic law, men have unilateral power to divorce their wives without divulging any reason. It is alleged that a man is the sole beneficiary and holder of the powers of divorcing. Most people view the divorce procedures under Islamic law as vulnerable to misuse by a husband which will in turn be detrimental to a wife in a marriage. These are just a few of the misconceptions.
It is against this background that this dissertation seeks to specifically bring out the procedures of judicial divorce under Islamic law in Kenya. This dissertation seeks to find out if judicial divorce procedures as practiced in the Kadhis court adequately deal with divorce matters under Islamic law.
In a bid to meet the objective above, this dissertation is broken down into five chapters as follows:
Chapter one introduces the research problem, the theoretical framework, the background to the study, the methodology, the hypotheses to be evaluated, the literature review, objectives of the study and the broad chapter breakdown. In a nutshell, the research proposal serves as chapter one of this dissertation.
Chapter two focuses on a discussion of this dissertation’s theoretical framework whereas Chapter three gives an analysis of divorce procedures under Islamic law as practiced in the Kadhis courts. It is within this chapter that we also present a strong case of how the said procedures and the Kadhis courts are adequate in dealing with judicial divorce under Islamic law. This chapter comes to its climax by bringing out any deficiencies within our research topic.
In Chapter four we make recommendations that seek to respond to the deficiencies identified within the area of study. Lastly, Chapter five sums up our study by making conclusions arising from the research materials collected during the study.

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