WUNRN
Zanzibar is the semi-autonomous
part of Tanzania
in East
Africa. It is composed of the Zanzibar Archipelago in the Indian
Ocean, off the coast of the mainland. Zanzibar consists of numerous small islands
and two large ones. http://en.wikipedia.org/wiki/Zanzibar
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Zanzibar - Marital
Contracts Can Help Protect Women's Rights
Despite their big
contributions in their family matters, women's rights of having a share when
their husbands die or get a divorce is difficult to attain due to some
weaknesses in
By
Malela Kassim - 16 September 2014
Media
Women’s Association (TAMWA)-Zanzibar, has encouraged married couples in the
Isles to use marital contracts in a bid to safeguard the rights of women from
oppressive subsections and the proved existing weaknesses in Zanzibar’s laws
including the Kadhis’ Courts Act, 1985.
“The
binding contract between the married couples would assure the rights of each
one among them in case of divorce or death,’’ said Asha Abdi, a TAMWA-Zanzibar
Officer during the launch of a research report conducted by the firm on
identifying how various Acts in the Isles supports gender violence.
The
Zanzibar’s Kadhis’ Court Act, 1985 give power to the court to have and exercise
jurisdiction in the determination questions of Muslim law relating to personal
status, marriage, divorce or inheritance in proceedings in which all the
parties profess the Muslim religion.
However,
gender activists in the Isles for a long time have been claiming that the Act
has a number of weaknesses especially in gender related matters as it has been given
limited power to handle women rights.
According
to Asha, there is a need for married couples in the Isles to make sure that
they put in record each important issue which
they contribute in their marriage life time as a way of preparing evidences to
help them when they are being divorced or when their husbands die.
“For
the time being this can help…however we are currently fighting for the review
of the Act,’’ insists the activist
She
added that, in the Isles women’s right to have their contributions back when
they are divorced has been ignored some thing which results to most of them to
remain living in a total poverty with their children fail to get basic rights.
However,
the challenge remains on how these activists would convince the married couples
in the Isles (Unguja and Pemba) with 90 per cent of residences professing the
Muslim religion to introduce the new ‘tradition’ which to most of them is
defined as ‘Western culture’ and is against the African way of living
especially for married couples.
“Still
we have a difficult task ahead of us…however, for the sake of women’s rights we
need to accomplish it,’’ notes Asha.
During
her exclusive interview with this paper, Nasma Omary (36), a food vendor at
Darajani market located in Zanzibar supported the use of the marital contract
in her family though she was not sure weather her husband would agree with her
on the matter.
“To
me having a marital contract with my husband is a good thing as it will assure
me to have my rights in case of divorce or when my husband dies and I wish that
the system could be applied in my society…however I’m not sure if my husband
would agree with me on this…what about his relatives...? Will they accept
it…?’’ she asks herself
However,
Nasma admitted that in most cases, women have been acting as the setback in
fighting their own rights and development while citing an example on the same
issue, claiming that it would be her sisters in law and other female relatives
of her husband who will be in front line to advice his husband not to agree
entering into the said contract with her.
However,
speaking of the launched research report which was done through Gender Equality
and Women Empowerment Programme (GEWE), the Chairperson of the research team,
Mwajuma Kombo said it was found that most women in the Isles fear to file cases
demanding their rights after being divorced.
“This
has been contributed by a number of factors including that, most of them do not
have enough evidences to prove before Kadhis’ Court their contributions in the
family’s wealth while others think that it is against tradition, culture and
even religion to demand for division of wealth,’’ she reveals
According
to Zanzibar Female Lawyers Association (ZAFELA) in 2013/2014 only five cases
related to the matter were reported where three of them were ruled while the
remaining two are still proceeding.
“However,
the rate of demanding divorce is high in Zanzibar where according to records
from Vuga Supreme Court, in 2012 a total of 855 divorce cases were filed in
Mwanakwerekwe Kadhis’ Court while a total of 1004 similar cases were ruled in
2013 ,’’ she explains.
According
to her in this year from January to June, a total of 444 divorce cases have
been ruled in Isles Kadhis’ court.
Speaking
of the existing weaknesses in handling gender issues among various Zanzibar’s
Acts, ZAFELA Programme Officer, Saada Salum also cited an example of the Isles
Kadhis’ Courts Act, 1985 saying it has been given limited power to handle
effectively matters related to women rights.
“Also
there are no specific qualifications for a person to be appointed as a Kadhi
and also Advocates with degree education level are not allowed to enter in the
court… to us this is also a problem that is why we are demanding for review
of the Act,’’ she insists.
Further
explaining on the Isles Acts’ weaknesses on gender equality, Saada said that in
Zanzibar parents are being fined with little amount when found that they have
forced their children to abscond school in order to be married.
However,
the Zanzibar government has already announced its intention to amend some of
its laws to suit the current situation of fighting against gender-based
violence.
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