Influence of Shafii Jurisprudence on Marriage Guardianship on Islamic Courts in Zanzibar

Zanzibar is located along the East coast of Africa and the region is part of the United Republic of Tanzania. The region allows Islamic law in the adjudication process on Muslim Personal matters such as: marriage divorce, inheritance and other related matters. Islamic Courts in Zanzibar are known as Kadhis Courts. In fact, Muslim judges preside in Islamic courts they are referred to as Kadhis. The judges of these courts make use of the Quran and Sunnah of the Prophet Mohammad to adhere to Islamic law principles. Marriage is a vital institution under Islamic law which is seen a part of the Muslim identity. The institution is guided by primary legal requirements and secondary legal requirements. Though marriage guardianship forms part of the secondary requirements, it is an essential norm for a valid marriage under Islamic law. This paper examines the impact of Shafii jurisprudence on marriage guardianship on Islamic courts in Zanzibar during the post-colonial era. The discourse uses doctrinal and non-doctrinal approaches and makes useful recommendations.