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What are the functions of a Kadhi?

12/3/2021

Functions of a Kadhi.

He listens to cases and disputes involving Muslim parties and determines them on the basis of Shariah provision e.g. marriage, divorce and child custody.
He determines cases involving crimes (hudud), (tazir) and administers appropriate punishment.
He determines cases involving inheritance i.e. rightful heirs and their shares.
He acts as a guardian for women who have no wali in marriage.
He presides over waqf properties and oversees their administration.
He acts as the administrator or tmstee of property especially if other relatives of the deceased are disqualiﬁed.
Works in liaison with other judicial courts, state and state departments.
The Kadhi is consulted by the government on Islamic legal issues.
He is regarded as an authoritative ﬁgure by Muslims as they seek for his guidance on matters related to Islam.
He represents Muslims in National functions.
Under certain jurisdiction, the Kadhi is empowered to issues marriage and divorce certiﬁcates.

(8 x 1 = 8 marks)

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8/3/2021

Conditions that may necessitate a wife to seek for dissolution of marriage through the Kadhis court.

Failure or inability by the husband to provide the wife with the basic needs to sustain the family.
Inability by the husband to meet her sexual needs (impotence of the husband).
If is the husband is imprisoned for a long time.
If he husband is insane.
When the husband denounces Islam.
In case the whereabouts of the husband are unknown i.e. long absence.
If the husband is cruel and mistreats his wife.
Absence or amputation of the male organ.

6/3/2021

Function of the Kadhi’s Courts ¡n Kenya

Deals with issues pertaining to Islamic marriages and family life according to Sharia.
Deals with matters of inheritance among Muslims according to Sharia.
Works in liaison with judicial courts and the government.
Gives legal directions on issues affecting Muslims according to Sharia.
Consulted by the government on Islamic legal issues.
Offers conflict solutions on social, political and economic issues.
Gives guidance to Muslims.
Is looked upon/regarded as a unifying factor by Muslims as they seek counsel and guidance on matters related to their faith and practices.
Helps to promote Muslim identity /uniqueness and their place in the Kenyan society.

(8 x 1 = 8 marks)

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