Woman ends 33-year marriage to Comoros man, returns Sh50,000 dowry

A young AMA was reluctantly married off 33 years ago to his late father’s friend DYA in an arranged marriage, and they sired five children.

However, after 33 years, the 55-year-old AMA filed for divorce and said she no longer loves DYA and does not wish to return to Comoros Island.

AMA’s divorce was sparked by cultural differences and shock, coupled with lack of regular visits to her relatives, which affected her and consequently their marriage.

She said they lived in Mvuoni, Bambao, in a very strong and close cultural set-up that she felt very home sick.

AMA said she sacrificed a lot for the marriage, persevering living in Comoro islands in new surroundings, peoples and language and culture.

DYA who hails from the Comoros Island met AMA’s father who was working in Saudi while he was a graduate student at King Imam Muhammad ibn Saud University in Riyadh and arranged the marriage.

AMA who was a young girl then residing in Malindi was hesitant to marry DYA but her mother convinced her after his father passed away before the wedding was conducted.

According to the papers before the Kadhis Court in Mombasa, AMA’s father convinced her and gave consent for her to be married off to DYA but died before the marriage was contracted. 

“The young lady was hesitant to formalise the marriage contract, but her mother pleaded with her to respect her father’s wish. She agreed. In February 1992, the respondent (DYA) travelled to Kenya, got married and took his wife (AMA) to Riyadh – Kingdom of Saudi Arabia,” read Justice Hussein Athman.

AMA and DYA proceeded to Riyadh, where they lived during his graduate studies and later moved back to Kenya upon graduation, where he worked for an Islamic non-governmental organization, then moved back to his country in Comoro Island. 

In her prayers, AMA said she is ready to pay back the dowry and also have custody of the children, two of whom are minors, a fact DYA adamantly refused.

She revealed that her 31-year-old son is working in Comoros islands, the second born is in university in the Comoros and the third is married and resides in France while her fourth child, a son aged 19 completed High School in the Comoros but is in Kenya studying languages.

She said the youngest child, a girl aged nine, is in primary school in the Comoros Islands, living with her father and elder sister.

However, DYA failed to appear in court physically and online despite being served and the case proceeded ex parte.

In his judgment, Justice Athman said that while the husband is vested with the original right to divorce under Islamic law in Qur'an 2.229, legal prophetic precedent in Hadith Qays Ibn Shimas and Article 89 of the Islamic Charter on family, the wife also enjoys the same right, albeit subject to returning the dowry.

The judge said Article 89 of the Islamic Charter on family provided that “If a woman hates her husband and cannot stand him, even though he hasn't hurt her in any way, that could be considered grounds for divorce and if she can no longer bear to remain with him, then she has a right to request divorce in exchange for giving up any right that would be due to her as a result of the divorce and returning any dowry or gift that he gave her.”

In granting her the divorce, Justice Athman Hussein noted that AMA persevered through homesickness, cultural differences and lack of regular visits to her country and relatives in the 33 years of marriage for the sake of the children. 

The judge said the court is obliged both by scripture and the Constitution to treat her intelligence and choice seriously.

“She contends she also no longer loves him since she returned in Kenya in April, 2024,” said Justice Athman.

He however, noted that DYA still loves AMA and has not failed in his marital duties, including bringing up and educating their children. 

The judge said AMA was entitled to exercise her choice since there is no evidence that her choice for divorce (Khul’) is made out of malice or ill will.

Justice Athman ordered AMA to pay back Sh50,000 dowry.

“Accordingly, the petitioner’s (AMA) prayer for divorce (Khul’) redemption is granted. The parties’ marriage be is hereby annulled through khul’ with effect from 24th April, 2025 corresponding with 25th Shawwal, 1446 A.H. Divorce certificate to issue. It is noted that the dowry of Sh50,000.00 had been paid fully. The petitioner to settle and file proof of the same with court,” said Justice Athman.

The judge also directed that the two continue co-parenting and that the nine-year-old who will continue studying in the Comoros until she completes primary school and is old enough to decide whom to stay with.