Islamic cases

1. ADAMU MTONDO v. LIKUNA OMARI (1968) HCD

289 – Hamlyn, J.
Divorce –Islamic Law – Divorce Normally Must be
Pronounced three times – Revocation of Divorce –
Unaffected by Fact Dowry not fully paid.
Appelant orally pronounced a divorce from his
wife. Somewhat less than a month later,
presumably in a period of “tuhr”, he orally revoked
the divorce. The PC held that the divorce was
complete and, on appeal, the DC affirmed acting on
the advice of an assessor that the revocation was
of no effect because the dowry had not been fully
paid at that time. Neither court specified the school
of Muslim law which the parties adhered.
Held:
1. Under the more common interpretations, divorce
is effected only by three pronouncements and was
not effected here, where only one pronouncement
was given. Trial courts should specify the school
of Muslim law which is applicable; in the absence
of any indication to the contrary, it should be
presumed that the more common interpretation
applies.
2. Even if the single pronouncement was effective,
the fact that the dowry had not been fully paid did
not affect the validity of the revocation and the oral
divorce was rescinded. Appeal allowed and
respondent declared to be still the lawful wife of
appellant.