Dowry payment has always been recognized as a voluntary act which has always been meant as a token of appreciation to the in-laws for raising the bride. In a court order, a man referred to as SMH will pay his alienated wife, named AHA in presence of his area chief. In the order delivered by the court, it allowed two who live in Mbambarate, Isiolo County, to part ways after the woman complained that SMH did not care for her and his children.
The couple had been living for about 21 years now but her husband had not paid the bride price at the end of the bargain. AHA cited death threats that his husband giving her all the reasons to divorce. The man admitted that he had not paid dowry yet initially he had stated that he had only paid one cow and the other one was in his homestead according to Principal Kadhi Adbulhalim Athman.
“Under Islamic law, dowry is an inherent and basic right of the wife. The defendant to hand over the plaintiff’s dowry of two cows. Merti Chief to supervise and confirm the handover,” Principal Kadhi Adbulhalim Athman. In court papers, the couple had 11 children with the woman 38 years old.
During the hearing, AHA told the court she was willing to relinquish the unpaid dowry if it was the only reason she could divorce SMH. The woman explained that she had endured unexplained insults but remained in their matrimonial home because of their children. Kadhi had initially sent the two to village elders considering the duration of their marriage.