The study on the Administration of practices of ancillary matter after divorce under Kadhis` courts in Zanzibar

Abstract

The objective of this thesis is to analyse the administration of ancillary matters after divorce in the Kadhis’ Courts in Zanzibar. This study examines the current law and practice in administering ancillary matters among the parties after divorce. In this respect, this study details many cases which prove that there is no proper provisions and procedure which guide the Kadhis’ Courts towards the proper administration of ancillary matters after divorce. The study analyses the current administration of ancillary matters after divorce in the Kadhis’ Courts with the aim of identifying the strengths and weaknesses of the present law. This study showed the shortcomings in the administration of these matters before the Kadhis’ Courts. Thus, the decided cases collected from these courts prove to be significant in demonstrating the current practices on the administration of these matters. A qualitative method which involves unstructured interview, observation and collection of cases techniques was also adopted. Again, a comparative study with other jurisdictions particularly Malaysia has immensely contributed to this study. This study revealed that, though under Islamic law the administration of ancillary matters after divorce is very crucial and need special considerations, in Zanzibar, the Kadhis’ Courts have no proper procedure and mechanism to administer these matters. Thus, failure of having the comprehensive provisions has caused many weaknesses and loopholes in the present administration of Kadhis’ Courts in dealing with ancillary matters in Zanzibar. Though there is a clear involvement of the court on the issue of deferred mahr but the procedures and enforcement measures in acquiring this right is still questionable. The study has also shown that there is need to incorporate particular provisions within the Kadhis’ Courts Act which will not only extend the jurisdiction of these courts but also guide Kadhis on administering ancillary matters that accrue after divorce. Due to the notable outcomes of the major reforms which have taken place in Malaysia towards the administration of Islamic family law including the administration of ancillary matters after divorce under Shari’ah Courts, its model has been adopted as a springboard for the intended reform in the Kadhis’ Courts in Zanzibar. It is evidenced from the decided cases that, the proper administration of ancillary matters in Malaysia is not only the result of proper provisions dealing with the matters but also the effective case management under the Shari’ah Courts. However, careful considerations have been taken to ensure that the proposed reform suits the local circumstances, while at the same time, emphasis is given on the need to re-orientate the society as well as the Kadhis on how to deal with the cases involving the administration of ancillary matters among the parties after divorce. Therefore, taking into consideration the Malaysian model, the study has proposed particular provisions to be incorporated in the Kadhis’ Courts Act in order to ensure the proper administration of ancillary matters after divorce in Zanzibar.