Mombasa Woman who left husband for another man defies court order

A woman who was ordered by an Islamic court in Mombasa to return to a husband she had abandoned for months to marry another man has refused to go back.

Yesterday, Rehema Dzuya appealed the November 16 ruling by Kadhi Abdulhamin Athman, which annulled her new marriage to Rashid Karisa and ordered her to return to her first husband, Salim Twota Mutwiwa. Rehema and Twota had been married for 12 years but did not have a child.

Rehema Dzuya at the Kadhi's Court in Mombasa yesterday. (PHOTO: KELVIN KARANI/STANDARD)

Last month, the kadhi declared that Rehema did not give valid reasons under Islamic law or sharia to justify leaving Twota, her legal husband,  to live with another man.

The kadhi further ruled that if she wished to leave Twota, Rehema could only do so after following due process, including demonstrating that she can no longer live with her estranged husband due to irreconcilable differences.

Athman annulled her second marriage and declared it illegal and declared that Rehema had committed bigamy.

After failing to get divorce from her estranged husband, the judge said, Rehema presented herself to a Muslim official, Sheikh Hassan Suleiman, claiming to be a virgin. The kadhi said Rehema used falsehood to cause Sheikh Suleiman to register her second marriage.

“The marriage certificate is hereby cancelled,” said Athman last month, noting that polyandry is illegal under Islamic law.”

In his ruling, the kadhi also said that although he could not force the couple to live together it is impossible to dissolve the first marriage without following the due process.

Review order

He also noted that Twota had stated that he still loved Rehema and wanted to live with her. But although he ordered the two live together, the judge prohibited the estranged couple from having sex until it is determined that Rehema had conceived, following her stint with Karisa.

But yesterday, Rehema said that she was not ready to live with Twota.

She urged the court to review the order that it issued last month and allow her to divorce Twota because she no longer loves him. “I want divorce because I do not love my husband despite you having ordered me to go back and live with him,” she said.

But Twota opposed his wife’s application, saying he still loves her and wants her back despite her leaving him for Karisa. “I still love her. I want her. I am opposed to the divorce she has filed in the Kadhi’s court,” he said.

Rehema, who was accompanied by her mother, told the court that Twota has never paid any dowry and that he wants to be compensated if the marriage is dissolved.

“My husband has never paid any dowry. I am not aware of the dowry Twota is talking about,” said Rehema

But Twota in reply said he bought his wife furniture worth Sh40,000 which is still lying in his house. He said his wife was free to go and collect the furniture in their house at Makupa flats where they lived before she left.

The kadhi said he will give his ruling on whether to dissolve the marriage on January 14.

Although he still loves his wife, Twota revealed that he will soon sue her for entering into a second marriage illegally and lying to a kadhi that she is a virgin.