Reconciliation of the principle of the best interest of the child and freedom of religion under Islamic marriages.
Date
2021
Authors
Munene, Stephanie Brenda Wanjiru
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The concept of marriage in Kenya is one that has impelled discussions both locally and globally consistently over a period of time. This has led to the adoption of the Marriage Act 2014 with guidelines that govern marriages in Kenya. This study thus intends to evaluate the various stipulations of Kenya’s 2010 constitutional framework in offering guidelines on the restriction of freedom of religion. The freedom of religion is embodied in Article 32 of the Constitution of Kenya vis-a vis the global legitimate instruments that have been ratified to form part of the law safeguarding human rights. It looks into the attainment and protection of the best interest principle of the minor in accordance with exercising one’s freedom of religion in marriage practices. The study pays close attention to Islamic marriage laws in Kenya that pose a threat to the principle of the best interests of the minor. It analyses the influence of section 49(3) of the Marriage Act and how it opens the floodgates that expose children who practice Islam to early marriages, which prevents the attainment of the principle of best interest of the child. The study reveals that section 49(3) of the Marriage Act is unconstitutional
Description
Submitted in partial fulfilment of the requirements of the Bachelor of Laws Degree,
Strathmore University Law School