Curbing matrimonial problems in Uganda via regulating walk-away practices based on the maqasid shari’ah approach

Abstract

It is a dream of every person who enters a matrimonial relationship to find ease and comfort in performing and contributing to the functions of a marriage. The dream gradually fades away due to reasons shuttering the matrimonial relationship. The understanding of the root causes of matrimonial problems forms the basis of this study. Currently, there is a worrying practice among a cross-section of Muslim couples in Uganda who abandon their matrimonial relationships casually, walking away in disregard of internal and external marriage dissolution processes as prescribed by their religion, Islam, and their country, Uganda. They demand a solution. The overall purpose of the study was to investigate the root cause of the matrimonial challenges that instigated former couples to walk away from their marital roles. This empirical study also finds out whether pre- and post-end-of-marriage steps were followed and then looks at the wider impact on individuals, society, and the country. A survey of a semi-structured nature was administered to 391 former husbands and wives as key stakeholders across different districts in the four regions of Uganda: Northern, Eastern, Central, and Western. This was followed by eight interviews conducted with Imams/Qadhis, civil societies, and the government officials as the other stakeholders. The tools for data analysis used to analyse both semi-structured questionnaires and qualitative interviews, respectively, were SPSS version 29 and Atlas software. The major observation from the result points out that most of the respondents did not obey or respect end-of-marriage procedures; in the first position were wives and second the husbands, followed by widows who did similar actions. The impact of the post-walkaway negatively weighed on children, then both families, and the state. The study further validated walk-away practices as a reality, also confirmed it as a kind of rebellion against established procedures of Islam or Muslim Family Laws of Uganda, and lastly, that other stakeholders have not done enough to curb it. This study, therefore, recommends all the stakeholders, whether they are internal or external, work together to strengthen and reform the existing Muslim Family Legal regime.