19910812 TZHC Dar es Salaam4

The purported Islamic talaq was void and of no legal effect under the Law of Marriage Act, 1973; only a court decree can dissolve a marriage, so the marriage subsisted.

Citation: 19910812 TZHC Dar es Salaam4
Parties: Appellant: Rehema M. Masoud; Respondent: Bakari Iddi Karugutu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 12 August 1991
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Marriage Dissolution, Islamic Law, Law of Marriage Act
Source Language: English

Family Law Marriage Dissolution Islamic Law Law of Marriage Act

Case Brief

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Parties

Rehema M. Masoud

Appellant

Bakari Iddi Karugutu

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the marriage between the parties was validly dissolved by Islamic talaq
2 Whether the appellant remained the respondent's wife under Tanzanian law

Ratio Decidendi

The purported Islamic talaq was void and of no legal effect under the Law of Marriage Act, 1973; only a court decree can dissolve a marriage, so the marriage subsisted.

Court Disposition

appeal dismissed

Orders

each party to bear their own costs before this Court