Marriage and matrimonial property law in Kenya: reconciling the Kenya constitution (2010) and the tenets of Islamic law

Abstract

The Republic of Kenya is characterized by ethnic and religious diversity. Individual ethnic groups have their own traditional customary laws and practices. Each of the many religious groups in Kenya, such as Christians, Muslims and Hindus, has their own laws and ways of settling personal matters related to marriage, divorce and inheritance. Among these diverse religious groups Muslims occupy a quite unique position for the provisions and tenets of Islamic law outline in great detail many specific requirements in relation to marriage, divorce and inheritance. The survey carried out by the International Religious Freedom Report in 2013 estimated that Kenya had a population of 4.3 million Muslims, that is, approximately 10% of the country total population of 40 million people