ABSTRACT
The outstanding Uganda Ordinance which concerns Islamic law is the Marriage and Divorce of Muhammadans Ordinance, 1906. This provides that the Marriage Ordinance and the Marriage of Africans Ordinance shall not apply to marriages between persons both of whom profess the Muhammadan religion and neither of whom is a party to an existing marriage, under or declared valid by the said Ordinances, with any person other than a Muhammadan2 ; that every marriage previously celebrated between Muhammadans shall be deemed to have been a legal and valid marriage3 ; and that for the future " All marriages between persons professing the Muhammadan religion, and all divorces from such marriages celebrated or given according to the rites and observances of the Muhammadan religion customary and usual among the tribe or sect in which the marriage or divorce takes place, shall be valid and registered as herein provided."4 Provisions concerning registrars, records, applications and enquiries follow, the only points of particular interest being that the Ordinance expressly provides that in the case of a divorce between" persons of the Shi'a5 sect" there must be two witnesses,6 that a divorce of "the kind known as khu['''7 is clearly distinguished from other forms,S and that the right of guardians to act for minors is recognised.9 But, although parties become liable to punishment by fine or imprisonment if they fail to register their marriages and divorces,l° it is expressly stated that "Nothing in this Ordinance shall be construed to (a) render invalid, merely by reason if its not having been registered, any Muhammadan marriage or divorce which would otherwise be valid; (b) render valid, by reason of its having been registered, any such marriage or divorce which would otherwise be invalid ".11 Again," Nothing in the Divorce Ordinance shall authorise the grant of any relief under that Ordinance where the marriage of the parties has been declared valid under this Ordinance: provided that nothing herein contained shall prevent any competent court from granting relief under Muhammadan law; and Her Majesty's High Court of Uganda, and any court to whiCh jurisdiction shall, by notice, be specially given by the Governor, shall have jurisdiction herein."12 Schedules for the registration of both marriages and divorces are provided, regarding which it need only be remarked that provision is made for the marriage of minor boys and girls by their guardians13; that the name
149 of the guardian of the bride need not be specified if she is major;l that full details concerning dower, both prompt and deferred, etc., must be provided; and that, in the case of divorces, the manner in which they were effected must be recorded.
