English abstract
The research subject is derived from the fact that since Tanzania gained
its independence and liberated from the grip of British colonialization in
1961 AD, the Tanzanian government proceeded to regulate various
elements in its life affairs. In this regard, the Tanzanian Law for Marriage
and Divorce was formulated in 1971 neglecting sharia implications on
most of the important subjects, hence the need to understand the
compatibility of this law with Islamic Jurisprudence.
The research aims to demonstrate the merits of the Sharia, its advantages
and accurateness in handling social matters within the provisions of
marriage and divorce. Additionally, to reveal the extent of conformity or
defilement of the Tanzanian Marriage Law to Islamic Jurisprudence, and
to establish the effect of the discrepancy between the Sharia and the Law
on Tanzanian Muslims.
The research comprises of a preamble and two chapters. The Preamble
defines Tanzania as a country, the introduction of Islam into the country
and the Marriage Law 1971. Chapter one covers the provisions of
marriage and its implications on both jurisprudence and law, while
chapter two covers the provisions of divorce and its implications on both
jurisprudence and the law.
I concluded the research with a summarization of the findings drawn
from this research in addition to the most important recommendations.
The most significant findings: First: Identifying contradictions in the
articles stipulated in the Tanzanian Law with the Islamic Jurisprudence.
Second: Identifying the consequences of ruling the articles of the law on
the Muslims of Tanzania. Third: Demonstrating the merits of Islamic
Law (Sharia) and its validity in all times and all places.
