In re JIA [2020] KEKC 2 (KLR)
- Court
- KEKC
- Case number
- 2
- Citation
- [2020] KEKC 2 (KLR)
- Decided
- 8 September 2020
The court's order dissolving the marriage was not a mutual consent divorce but a judicial dissolution, which is considered a major irrevocability, thus preventing the couple from re-marriage until the wife marries another man, lives with him ordinarily, and divorces him ordinarily afterwards.
Facts
The applicant and his wife were granted a divorce by consent in 2019, but the wife's walii (guardian) is opposing their re-marriage due to the court's order being absolute.
Issues
- Whether the parties' mutual consent to divorce was enough to end the marriage and dissolve it by the court's discretionary powers.
- How the dissolution affects their re-marriage between the parties.
Reasoning
The court interpreted the dissolution order as a major irrevocability, based on Islamic law and the practice of Kadhis courts in Kenya, which means the couple cannot re-marry until the wife marries another man and divorces him.
Outcome
The court ruled that the couple cannot re-marry until the wife marries another man and divorces him.
Authorities cited
Cases cited (2)
- Qur'an 2:230
- Z?d al Ma?d by Ibn Qayyim al-Jawziyya
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