Browsing by Author "Omari, Asina Abdillah"

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    Culture, religion and human rights: the situation of muslim women in relation to marriage and divorce in the coast region of Tanzania
    (University of Dar es Salaam, 2005) Omari, Asina Abdillah
    This dissertation is intended to analyse whether Muslim women have and enjoy basic human rights. Where they do not have or enjoy basic human rights, to investigate whether this is caused by regious, cultural or traditional practices therefore the interface between religion and cultural was sought. This has been done through analysis of Islamic laws on marriage and divorce, the Law of Marriage Act (LMA), international treaties and conventions and the practice in the three districts of Coast Region. Literature review and document search were carried out through library research. Field research was done in Kibaha, Bagamoyo and Mkuranga Districts all located in the Coast Region, and in Dar es salaam where data was collected through structured and unstructured interviews and questionnaires. The study found that the Zaramo people predominantly blend traditional and religious practices thus it is fairly difficult for one to be able to separate the two. The LMA is the law that governs marriages in Tanzania, while the Quran and Sunnah make up what is termed as Islamic law. The two sets of distinctive laws are found to be consistent and at times inconsistent with each other in relation to the practices of marriage and divorce. Moreover it was found that the inhabitants of Coast Region follow neither at times. The study concluded that violations of women’s rights and freedoms are either sanctioned by existing laws or the non existence of legislation thus we recommended that legal reform is needed, whether it be through reform of the LMA, adoption of international standards or a gender sensitive interpretation of Islamic laws.