Woman to fore-go dowry in exchange of divorce

A woman will have to forgo her unpaid dowry in order to divorce her estranged husband.

A Kadhi court ruled the woman would not ask for Sh20,000 unpaid dowry so that she can finally part with her husband, who did not wish to let her go.

If dowry had been paid, she would have had to refund it.

The right to divorce under Islamic law is entrusted to a husband unless specifically delegated to his wife.

Kadhi courts are also allowed to dissolve marriages if a woman can prove sufficient ground under the law or through Khul'u, popularly referred to as buying a divorce.

In the case, the woman, identified as HS, insisted on divorce while the man, AK, still wanted her as his wife. What sparked the divorce was suspicion that AK was HIV-positive and was allegedly not supportive.

Not supportive

In order to win back her love, the man, who is a Nairobi County resident offered to give her his automated teller machine card.

He also told the court that he was willing to go for a test to remove any doubt about his HIV status.

Despite the promises, the woman stuck to her guns that she wanted them to part ways and to remain with the only child they had. The man informed the court that if his wife was granted a divorce, she should leave their matrimonial property.

However, she objected, saying she had a stake to claim.

Principal Kadhi Abdulhalim Hathman allowed the two to divorce, saying they could not be forced to stay together when one party wanted to exit the marriage. He ordered the man to pay Sh8,000 for child maintenance.

The Kadhi granted the woman custody of the child, with the man getting unlimited access to him.