Amhara Regional State Supreme Sharia Court (2018)
from Part IV - Court Judgments and Other Court Documentation
Published online by Cambridge University Press: 14 November 2024
This chapter focuses on two Ethiopian Sharīʿa court decisions related to divorce initiated by the wife (khulʿ) with a focus on the amount and kind of compensation which a wife must pay to the husband in order to terminate the marriage. Sharīʿa courts have a long history in Ethiopia, where Muslims constitute some 30-35% of the population. In the present federal constitution of Ethiopia, the power of Sharīʿa courts to adjudicate disputes is subject to the precondition of ‘consent’ of the disputing parties. The first case presented in this chapter concerns an appeal by the husband for an increased amount of compensation than that decided by lower courts. The second case concerns the court’s decision to accept the decision of family arbitrators to order a wife to pay compensation for the ‘moral damage’ caused to husband by the wife’s demand for divorce.
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