Why is it considered essential to have a uniform law of...

Why is it considered essential to have a uniform law of marriage and divorce applicable to all people in Tanzania? Our Shi’a Ithna-’Ashari Sha’riah is not based upon "Ra'i" (Opinion) or "Qiyas" (Analogy). It is based wholly on the Qur'an and the traditions of the Holy Prophet and our Twelve Imams. As the White Paper is concerned with matters of matrimony, we must point out that our fundamental rules of marriage and divorce are based upon the Qur'an.

Details which are not explicit in the Qur'an are explained in the traditions. Our religious scholars who are called Mujtahid do not give any ruling by their opinion, analogy or consensus. There is no such authority given to any body in our school of law. They may differ in interpreting certain traditions concerning some minor details, but even then that difference is a difference in interpretation, not of opinion.

The Shi’a Ithna-’Asharis follow in all religious matters the rulings of the greatest Mujtahid of the time. He is considered the representative of our 12th Imam and he is the final authority on all religious matters. In him rests in certain cases the powers of guardianship of children, marriage and divorce, executorship of the will and state of a deceased and such matters. Ithna-’Ashari school of Islamic Laws is a well-knit entity.

We cannot change or amend one or two aspects of it without destroying the whole fabric:' For example marriage and divorce rules have direct bearing on legitimacy of a child; on virtue or sin of togetherness of the man and the woman; on their mutual right of inheritance and that of the child; apart from other social and legal implications. In Islamic Law a man cannot use anything obtained illegally (in religious sense) either for secular or-for religious purposes.

Therefore, if a change is made in the laws of succession, for instance, and someone is given more than his due share according to Quran, his whole life would become miserable. His daily life would be a long list of transgressions; his prayers, pilgrimages, food and clothing would, in the religious sense, become unlawful. Thus it is clear that the pattern of laws of marriage, divorce and inheritance cannot be changed. Otherwise, this would constitute a direct interference in our religion.