Ale Pazi v. Hamisi Mohamed, (PC) Civ. App. 97-D-67, -/12/67, Hamlyn J.

Ale Pazi v. Hamisi Mohamed, (PC) Civ. App. 97-D-67, -/12/67, Hamlyn J.

In this action concerning the inheritance of property, the principal issue was whether appellant and deceased had been married. It was conceded that both were members of the Shafi sect of Islam, and respondent argued that within this sect every minutia of Islamic Law must be proved or the marriage was not shown to exist. There was evidence that appellant and deceased had lived together as husband and wife for several decades, but no marriage certificate was produced.

            Held: (1) It is the Law of the Shafi sect of Islam, as of many codes, that there is a presumption of marriage where a man and woman have lived together as man and wife for a considerable period of time. (2) The failure to produce a marriage certificate is not of special significance in the facts of this case. (3) The Statement of Islamic Law, G.N. No. 222 of 1967, has not yet been brought into force, and the court cannot directly apply clause 41. However, the Statement embodies the existing provisions of the law of Islam and may be referred to. Appeal allowed.