After 33 years, Malindi woman walks out of arranged marriage to Comoros husband

Thirty-three years ago, a young Kenyan woman from Malindi reluctantly agreed to marry her late father’s old friend in an arranged union that eventually produced five children.

The 55-year-old woman, identified as AMA in court documents, has now filed for divorce, saying she no longer loves her husband, identified as DYA, and does not wish to return to the Comoros Islands.

AMA said her decision to seek a divorce was driven by cultural differences with her Comorian in-laws, which made it difficult for her to visit her family regularly.

She explained that they lived in Mvuoni, Bambao, within a strong and close-knit cultural setting in the Comoros Islands, a situation that often left her feeling homesick.

AMA added that she made great sacrifices for the marriage, enduring life in a new environment with an unfamiliar language, people and culture.

DYA, who hails from the Comoros Islands, met AMA’s father while the latter was working in Saudi Arabia. At the time, DYA was a postgraduate student at Imam Muhammad ibn Saud Islamic University in Riyadh, and the two later agreed to an arranged marriage between DYA and AMA.

AMA, then a young woman living in Malindi, was initially hesitant to marry DYA. However, after her father’s death before the marriage was formalised, her mother persuaded her to honour his wishes.

According to court documents filed before the Kadhis’ Court in Mombasa, AMA’s father had given his consent to the marriage before his death.

“The young woman was hesitant to formalise the marriage contract, but her mother pleaded with her to respect her father’s wishes. She agreed.

“In February 1992, the respondent (DYA) travelled to Kenya, married the petitioner (AMA), and took her to Riyadh, Kingdom of Saudi Arabia,” Justice Hussein Athman stated.

The couple later lived in Riyadh while DYA pursued his postgraduate studies before returning to Kenya after his graduation. He subsequently worked for an Islamic non-governmental organisation before relocating to his home country, the Comoros Islands.

Refund dowry

In her petition, AMA said she is willing to refund the dowry and is seeking custody of the children, two of whom are still minors. However, DYA strongly opposed the request.

She told the court that her eldest son, aged 31, works in the Comoros Islands, while her second-born is a university student there. Her third-born child is married and lives in France.

Her fourth-born son, aged 19, completed secondary school in the Comoros Islands and is currently in Kenya studying languages.

Her youngest child, a nine-year-old girl, is in primary school in the Comoros Islands and lives with her father and elder sister.

However, DYA failed to appear in court, either in person or virtually, despite being duly served and the matter proceeded ex parte.

In his judgment, Justice Athman noted that while a husband holds the primary right to divorce under Islamic law, as provided for in Qur’an 2:229 and supported by the prophetic precedent in the Hadith of Qays ibn Shamas and Article 89 of the Islamic Charter on Family Law, a wife also has the right to seek divorce, subject to the return of the dowry.

The judge further observed that Article 89 of the Islamic Charter on Family Law states: “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 the divorce, Justice Athman noted that AMA had endured homesickness, cultural differences and prolonged separation from her family for 33 years for the sake of her children.

He added that the court was obliged, both by scripture and the Constitution, to respect her autonomy and decision.

“She contends that she no longer loves him since returning to Kenya in April 2024,” said Justice Athman.

However, the judge noted that DYA still loves AMA and had not failed in his marital responsibilities, including raising and educating their children.

He ruled that AMA was entitled to exercise her right to seek divorce, as there was no evidence that her decision to seek khul’ was motivated by malice or ill intent.

Justice Athman ordered AMA to refund the Sh50,000 dowry, which had been paid in full. “Accordingly, the petitioner’s prayer for divorce (khul’) is granted. The marriage is hereby dissolved through khul’ with effect from April 24, 2025, corresponding to 25 Shawwal 1446 A.H. A divorce certificate shall issue. The petitioner shall refund the dowry of Sh50,000 and file proof of payment with the court,” ruled Justice Athman.

The judge further directed that both parties continue co-parenting and that the nine-year-old child remain in the Comoros Islands to complete primary school, after which she may decide where she wishes to live.