“It is Your Right to Buy a Divorce”: Judicial Khuluu in Zanzibar

Abstract

AbstractJudicialkhuluu(<Ar.khulʿ) in Zanzibar differs from judicialkhulʿin Arab countries that have recently introduced it through legislative reform. In Zanzibar’s Islamic courts,khuluuis used primarily as a judicial mechanism for ending a marriage when a judge determines a wife to be responsible for the breakdown of the marriage. Zanzibari women rarely file forkhuluubecause it is expensive and is associated with a woman’s failure in her marriage. Herein, I explain why judges in Zanzibar regardkhuluuas a punitive measure that can be used to end a marriage when a woman is determined to be responsible for the marital discord, or when there are no grounds for judicial dissolution throughfasikhi(<Ar.faskh, annulment).I also show that judges viewkhuluuas a right that a woman can exercise to extricate herself from marriage, a right that judges sometimes encourage in court.