Reasons For Failure To Formulate Islamic Rules And Procedures To Be Applied In Kadhi's Court In Zanzibar
Mbarouk Suleiman Othman, Master Student at Faculty of Law of Zanzibar University, Tanzania
ABSTRACT
Kadhi’s Court is an institution established under the Kadhi’s Court Act and has been mandated to deal with matters concerning marriage, divorce, custody of the children, wakf and trust properties, gift, inheritance, will and the division of matrimonial properties on the contrary in Zanzibar the situation is not as good hence the expected rules and procedures to be applied in Kadhi’s Court is not typically done according to Islamic rules and procedures. This is because of several reasons such as the presence of various legal constraints that hinder the application of Islamic rules of procedures. Hence despite being said in the Kadhi’s Court Act that Kadhi’s Court will use Islamic rules of procedure in the proceedings of its case still some reasons hinder the application of Islamic rules and procedure in Kadhi’s Court. The methodology used in this paper is qualitative and content analysis method. This paper provides some suggestions and recommendations for a legal framework that will bring about better means for the application of Islamic rules of procedures in Kadhi’s Court in Zanzibar.
Keywords: Kadhi’s Court, Islamic rules and procedures, legal implications, Zanzibar.
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