Dissolution Of Islamic Marriages In Tanzania: Do Muslim Husbands Take Pace With The Statutory Law?
- IJLLR Journal
- Nov 16, 2025
- 2 min read
By Abdulrahman O.J. Kaniki, Senior Lecturer and Dean, Faculty of Law, Catholic University of Mbeya, Tanzania.
ABSTRACT
This paper analyses the legal and institutional framework related to dissolution of Islamic marriages in Tanzania. The paper gives a brief historical perspective on status and application of Islamic law on domestic relations aspects in the country. Despite the independence, colonial influence was still felt, given the fact that the judicial system which was instituted by the colonial power survived the independence and continued to operate as before. This moved the country at early years of independence to come up with efforts of integrating main rules and principles emanating from different kinds of laws through having single uniform law of marriage. The efforts resulted into the enactment of the Law of Marriage Act in 1971. The paper therefore, inquires into the extent to which the Law of Marriage Act accommodates Islamic law especially when dissolution of Islamic marriages is at issue. The Act has put into an end of having extra-judicial system of dissolving Islamic marriages. This means limiting dissolution of Islamic marriages in the country due to an introduction of new legal aspects to this effect. The Act has introduced under sections 100,101and107 restriction on petition for divorce during first two years of marriage, the need to refer matrimonial matters to the marriage conciliatory boards before lodging petitions for divorces and that it is the court only which is empowered to dissolve all marriages, respectively. So far, only the court of law has power to dissolves all known marriages in the country. That means the practice of Muslim husbands of issuing talaks to their wives is no longer having legal effect of dissolving the marriages. Neither the demands by the wives for divorce from their husbands through mutual agreements known as khula divorces no longer end the Islamic marriages. The paper however, finds that some Muslim husbands still prefer religious authorities to attend their family matters than courts of law. They are not ready to comply with provisions of the Law of Marriage Act. The study concludes that these new legal aspects under the Act have brought some controlling and limiting mechanisms to the full application of Islamic law on dissolution of Islamic marriages, where some Muslim husbands are not ready to comply with.
Keywords: Holy Qur’an, Islamic law, domestic relations aspects, Islamic marriages, talak, khula divorce, dower (mahr), Law of Marriage Act.
