Court allows couple to part ways after attempt to rekindle love fails

A court has allowed a couple to part ways despite them failing to raise faults against each other.

The husband and the wife opted to leave each “because the embers of love that once kindled their hearts had died.”

The two had initially signed an agreement to mutually part ways, but got back together to try and re-ignite their love.

According to the court papers, the couple married on August 13, 2016, under Islamic law. They then got their firstborn child.

However, in 2018, the woman filed a case seeking divorce, but the two agreed to give their marriage a second chance. They even got a second child.

But they fell out again.

And because the 2018 case had not been closed, the woman went back to court, this time asking for a Khul’ divorce - where a woman is allowed to return part of the dowry to her husband in exchange for a divorce.

The woman was clear that she had no issue with her husband, but she needed to move on with her life without him.

In court, their lawyers stated that on February 21 this year, the man had actually sealed her wish by sending her a talak through an email. This was after consultation with both families.

At the same time, she asked the court for mata’ - is a gift given to a divorced wife as a consolation of the pain of divorce.

However, according to Senior Principal Kadhi Abdulhalim Athman, a woman who seeks to part ways is not entitled to the gift.

“Strictly under Islamic Law, a wife would not be entitled to mata’ if she had pleaded for Khul’ divorce, unless in the court’s considered opinion, she merely made prayer out of frustration and fear of dismissal of her case on account of insufficient evidence to prove grounds for dissolution,” ruled Abdulhalim.

He, however, made an exception. The Kadhi stated that although it was the woman who had initiated the divorce, she is entitled to the gift owing to the first agreement between her and her husband.

He awarded her Sh50,000.

“It should be reasonable, according to the customs and ability of husband, and I may add the duration of the marriage...,” he said.

Abdulhalim was of the view that marriage is sacred and no one should be forced on either spouse if he or she wants to move on.

“Marriage is predicated on noble objectives to raise a family and live a happy life in mutual respect. It cannot be forced on either spouse.

“The choice to live with another human being is critical at all stages of the marriage,” he said adding that if the bliss in a woman ends, even though her husband has not sinned or hurt her, she can move away from him by returning the dowry of gift given to her.