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Chapter 30 - A Sharīʿa Court Decision on the Type of ‘Compensation’ in Huləʾə/Khulʿ Divorce

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

Omar Anchassi
Affiliation:
Universität Bern, Switzerland
Robert Gleave
Affiliation:
University of Exeter
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Summary

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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Chapter
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Islamic Law in Context
A Primary Source Reader
, pp. 321 - 332
Publisher: Cambridge University Press
Print publication year: 2024

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References

Primary Sources

The Clear Quran: A Thematic English Translation, trans. Khattab, Mustafa (Cairo: al-Azhar/Book of Signs, 2016).Google Scholar
Constitution of the Federal Democratic Republic of Ethiopia, available at www.refworld.org.Google Scholar
Ethiopian Civil Procedure Code 1965 (Negarit Gazeta: Gazette Extraordinary of the Empire of Ethiopia, Addis Ababa, available at https://chilot.me/federal-laws/civil-procedure-code-english/).Google Scholar

Secondary Sources

Abbink, J.A Historical-Anthropological Approach to Islam in Ethiopia: Issues of Identity and Politics’, Journal of African Cultural Studies 2 (1998), 109–24.Google Scholar
Abdo, M.Legal Pluralism, Sharia Courts and Constitutional Issues in Ethiopia’, Mizan Law Review 1 (2011), 72104.Google Scholar
Aberra, Rakeb Messele. ‘Reflections on Gender Justice and Legal Pluralism in Ethiopia’, in Law and Development and Legal Pluralism in Ethiopia, ed. Stebek, E. N. and Abdo, M. (Addis Ababa: JLSRI Law and Development Series, 2013), 159–74.Google Scholar
Ahmed, Farrah. Religious Freedom under the Personal Law System (Oxford: Oxford University Press, 2016).Google Scholar
Ahmed, H.Coexistence and/or Confrontation? Towards a Reappraisal of Christian–Muslim Encounter in Contemporary Ethiopia’, Journal of Religion in Africa 36 (2006), 422.CrossRefGoogle Scholar
Ahmed, H.The Historiography of Islam in Ethiopia’, Journal of Islamic Studies 3 (1992), 1546.CrossRefGoogle Scholar
Ahmed, H. Islam in Nineteenth-Century Wollo, Ethiopia: Revival, Reform and Reaction (Leiden: Brill, 2001).Google Scholar
Arabi, Oussama. ‘The Dawning of the Third Millennium on Shari’a: Egypt’s Law No. 1 of 2000, or Women May Divorce at Will’, Arab Law Quarterly 16 (2001), 212.CrossRefGoogle Scholar
Feyissa, D.Muslims Struggling for Recognition in Contemporary Ethiopia’, in Muslim Ethiopia: The Christian Legacy, Identity Politics and Islamic Reformism, ed. Ostebo, T. and Desplat, P. (London: Palgrave Macmillan, 2013), 2546.CrossRefGoogle Scholar
Gebeye, B. A.Women’s Rights and Legal Pluralism: A Case Study of the Ethiopian Somali Regional State’, Women in Society 6 (2013), 542.Google Scholar
Hallaq, Wael B. Sharīʿa: Theory, Practice and Transformations (Cambridge: Cambridge University Press, 2009).CrossRefGoogle Scholar
Islamic Law and Society 26/1–2 (2019) (special issue on khulʿ).Google Scholar
Lindbekk, M. ‘Inscribing Islamic Sharīʿa in Egyptian Marriage and Divorce Law: Continuity and Rupture’, PhD thesis, Oslo University, 2016.CrossRefGoogle Scholar
Mustafa, Zaki. ‘The Substantive Law Applied by Muslim Courts in Ethiopia’, Journal of Ethiopian Law 138 (1973), 138–48.Google Scholar
Rehman, J.The Sharia, Islamic Family Laws and International Human Rights Law: Examining the Theory and Practice of Polygamy and Talaq’, International Journal of Law, Policy and Family 21 (2007), 108–27.CrossRefGoogle Scholar
Singer, N. J.Islamic Law and the Development of the Ethiopian Legal System’, Howard Law Journal 17 (1971), 130–68.Google Scholar
Trimingham, J. S. Islam in Ethiopia (London: Frank Cass & Co., 1965).Google Scholar
Tucker, Judith. Women, Family and Gender in Islamic Law (Cambridge: Cambridge University Press, 2008).CrossRefGoogle Scholar

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