Hot on Ugandan lips and in the media is a one Hajji Habib Ssegizu Nsikonnene, a resident of Kijjo Namasengere Village, in Mukono who is both villain and hero after he wedded seven wives in a single ceremony of whom two are blood sisters.

Hajji Habib, who in part is being touted as a real man, has also suffered some backlash from religious leaders who view Habib's decision as an affront to Islam and a stain on the institution of marriage.

It is worth discussing the nature and execution of Mohammedan marriages, as was Habib’s, that one may have an informed opinion on matters as they stand in the Laws of Uganda.

Mohammedan marriages, commonly known as Islamic Marriages, are celebrated according to the observances of the Mohammedan religion (Islam). They are regulated by the The Marriage and Divorce of Mohammedans Act cap 252 but are primarily a creature of Shari’ah law.

Islamic marriage (Nikah) was defined in the case of Ayoob v Ayoob [1968] E.A 72, to mean a contract/covenant and not a sacrament, as parties are free to consent into and out of marriage.

The decided case of Ayiko v Lekuru [2017] UGHCFD 1 discusses the step by step guide for celebration of Islamic marriages; which guide is discussed as follows:

Firstly, after agreeing to get married, the parties need to consult each other's families and set a date. The parties discuss their wishes and expectations before setting to work, deciding upon the budget and organizing all that is required i.e. the venue, invitations among others.

Thereafter the Al-Nikah (Islamic Marriage Ceremony). Hereunder, the man and woman declare their verbal commitment to each other as husband and wife. This ceremony involves the Al-Ijab wal Qubul ( of er and acceptance) only where the wali ( woman’s guardian in marriage) offers her to the groom, who then accepts.

The wali may say “I give you my daughter/ the girl in my guardianship in marriage in accordance with the Islamic Shari’ah in presence of the witnesses here with dowry agreed upon and Allah is our best witness.” The Husband-to-be then replies “I accept marrying your daughter/ in your guard giving her name to myself in accordance with the Islamic shari’ah and in the presence of the witnesses here with the dowry agreed upon. And Allah is our best witness.” The ceremony is thereafter complete.

The essential requirements of this kind of marriage include the following:

a) Mutual agreement by the bride and groom

b) Legal guardian,wali, or his representative and wakeel representing the bride

c) Two adult and sane muslim witnesses ( 2 males or 1 male and 2 females)

d) mahr (marriage gift) to be paid by the groom to the bride either immediately/ deferred or a combination of both.

e) Written marriage contract signed by the groom and bride witnessed by two sane adults

f) Sermon to solemnize/ bless the marriage.

Prohibitions in Islamic marriages include the following:

● The intending parties should not be within prohibited degrees of Consanguinity

● A muslim man can not marry two sisters at the same time ( a requirement that Habib contravened when he married the two sisters)

● A muslim man may marry a Christian/ Jew faith woman so long as she doesn’t practice idolatry and doesn't believe in anything forbidden in Islam.

● A muslim woman can not marry a non-muslim man

● Same sex marriages are prohibited

● And a muslim man can not marry more than 4 wives as Muslim marriages are potentially polygamous.

Habib’s marriage to the seven wives raised a lot of controversy.

Consequently, we hope that in this article you have been able to resolve some aspects that might have left a bad taste in your mouth. More importantly, that you are now wiser concerning the basics of Islamic marriages in Uganda.

Happy deliberations.