Nanyanje v. Mwanaarafa s/o Mwenyimanzi, Civil App. 263-D-651 15/2/67; Duff,J.

Nanyanje v. Mwanaarafa s/o Mwenyimanzi, Civil App. 263-D-651 15/2/67; Duff,J.

Appellant claimed that money paid by his wife was not “khului”, or consideration for a divorce, but was a consideration in atonement for her disobedience, known as “kiyamu”.

            Held: (1) Mohammedan Law recognized as remedies of a husband against a disobedient wife the right to diverse the wife, the right to refuse to maintain her and the right to institute a civil suit for restitution of conjugal rights. (2) the last of the above remedies, the institution of a civil suit, might occasion a payment to the petitioning husband, but Mohammedan law does not seem to recognize any reparatory payment known as “Kiyamu”. (3) The payment in the present case was in consideration for divorce and was not in atonement for disobedience.