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Activists ask court to ban polygamy

Discussion in 'International Forum' started by ByaseL, Feb 9, 2010.

  1. B

    ByaseL JF-Expert Member

    Feb 9, 2010
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    If man and woman are equal, why should the former be allowed to have several wives while the latter can only have one husband?

    This is the question the Constitutional Court will answer after listening to submission from a human rights organisation, Mifumi (U) Ltd that wants the polygamous marriages declared unconstitutional.

    In a petition filed last week, Mifumi claims the practice of one man marrying more than one wife violates the right to equality guaranteed in the Constitution.

    Women at risk
    Mr Patrick Ndira, who has sworn an affidavit in support of the petition, says polygamy undermines the wellbeing of women, making them susceptible to ailments the man might pick and pass on from third parties.

    “It also causes a hemorrhage of resources that would otherwise be expended on the one wife in the home contrary to the provisions of the Constitution,” he says.

    Mr Ndira and Ms Hala Elkarib, another witness, also want the Islamic law that allows men to marry more than one wife checked.

    Ms Elkarib, a Muslim, in her affidavit, says: “Some Muslim countries have developed their laws to limit polygamy as a practice such as Djibouti, Tunisia, Morroco and Syria. This is based on the guidance of Muslim Ollama (Islamic religious men) from the respective countries and their interpretation based on their studies of the Islamic sharia, the Holy Koran and the Sunna.”

    Denounced practice
    The duo also say they have travelled widely, including in Muslim countries, and discovered that polygamy is often denounced and not accepted by families and communities.

    Ms Elkarib also argues that by giving men a blank cheque while restricting women, polygamy negates the principle of equality between the two sexes. This, she adds, has demeaned the status of women and lowered them to a level less than men.

    Basing on this, Mifumi, which is also challenging the practice of paying bride price, wants the Marriage Act, the Marriage and Divorce of Mohammedans Act and the Customary Marriages Registration Act—all laws that allow polygamy—declared unconstitutional. These laws, it argues, have loopholes and must be amended.
  2. B

    Bull JF-Expert Member

    Feb 9, 2010
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    Ni unconstitutional kumnyima mtu haki ya kuabudu,

    kwa waislam ni haki yao ya kuabubudu kwa kuowa au kuolewa polygamy, itakuwa ni unconsitiutional kuwakataza.

    nadhani hawa kinamama wanaokubali polygamy sio kwamba wanalazimishwa bali wanakubali wenyewe na ni ibada kwao. kwa iyo this is agrement between two part
  3. RayB

    RayB JF-Expert Member

    Feb 9, 2010
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    Hivi kwa bongo vipi? Mtu akiwa na wake kadhaa je wote wanatambulika kuwa ni wakeze kikatiba?
  4. Masikini_Jeuri

    Masikini_Jeuri JF-Expert Member

    Feb 9, 2010
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    Ni kweli bado una-dhani! N hakika hakuna anayekubali na kama wapo ni kwa kuuzowea mfumo dume!

    Sipingi dini ya mtu; na suala la ndoa ni la watu ; Dini ni taratibu zitakazowafungamanisha tu!
  5. Masikini_Jeuri

    Masikini_Jeuri JF-Expert Member

    Feb 9, 2010
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    Yep na kama cheti chake cha ndoa kinasema hivyo; NDOA YA WAKE WENGI!

    Imagine petition hii ikitua Bongo!....................Patashika hiyo!:rolleyes:
  6. Kiranga

    Kiranga JF-Expert Member

    Feb 9, 2010
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    I think the logical thing to do, is not restrict the number of wives a man can have, but petition to increase the number of husbands a woman can have.

    In a truly free society, a man ought to be able to marry as many women as he like, as long as they are of age and consenting.The same should apply to women, they should be able to "marry" as many men as they want, as long as the men are of age and consenting.

    Californication all the way.

    Personally, the entire idea of marriage is repugnantly grotesque.
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