Description

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Family law has been one of the most political and social contested issues in Muslim context. It is observed in most cases that the personal status issues particularly at State level, are not left to accord fully with Islamic law in its fullness, but are politically controlled and statutory limited. This interference raises a lot of complications in practical aspect. Marriage practices and other matters connected and ancillary to it are sometimes predominated by Common law principles or/and customs. This work has been inspired by the real situation of the life of people of Zanzibar. The study focuses on the forced marriage and its implications in both legal and social aspects in Zanzibar. In local terms, some of these marriages are commonly known as ndoa za kulazimishwa, ndoa za mkeka or ndoa za kukamatiwa and are subjected to both men and women. It demonstrates the social and legal impacts of forced marriage practices and particularly indicates social and legal issues including the legal framework of family law of Zanzibar. The foundation of analysis is made on the bases of the practices that include customs and traditions; policies, laws, Regional and International Convention.