A Khadhi’s court in Mombasa has ordered a woman who separated from her husband of 12 years to marry another man to return to the first marriage.
But the court has also forbidden the couple from sleeping together for some time, until it can be ascertained she had not conceived in the second marriage, which the court dissolved.
The landmark proceedings before Mombasa Principal Kadhi had attracted immense attention among local Muslims and non-Muslims who were eager to know the outcome.
The woman has since filed an appeal seeking to overturn the ruling of the Islamic court.
The Kadhi declared in the ruling that the woman did not demonstrate valid reasons under Islamic law or sharia to justify fleeing from her legal husband to live with another man.
He further ruled if she wished to leave her estranged husband, she can only do so after following due process, including demonstrating that there are irreconcilable grounds.
The Kadhi, in annulling her second marriage, accused Rehema Dzuya of entering into a second illegal marriage with Rashid Karisa.
After failing to get divorce from her estranged husband, Salim Twota Mutwiwa, she falsely presented herself to a Muslim official, Sheikh Hassan Suleiman, claiming to be a virgin.
The Kadhi, Abdulhamin Athman, said Rehema therefore used false pretences to cause Sheikh Suleiman to register her second marriage.
“The marriage certificate is hereby cancelled,” said Athman, who noted that polyandry is illegal under Islamic law.
And the Kadhi observed in his ruling that although “two human beings cannot be forced to live together”, it would also be unfair to force a man to divorce a woman he still loves even after accusing her of sexual infidelity.