An Interview with Sheikh Mohammed Khan

Marriage, Divorce, and Interfaith Dialogue: An Interview with Sheikh Mohammed Khan

In a context where issues of family law, religion, and culture spark intense debates in Kenya, the voice of religious leaders is more crucial than ever. Sheikh Mohammed Khan is a prominent figure in interfaith dialogue. The former Executive Director of Kenya Interfaith Youth, he has dedicated his life to promoting peaceful coexistence through mutual understanding among Muslims, Christians, Hindus, and other faith communities. Pope Francis recognized him as a Muslim ambassador for the environment within the framework of the encyclical Laudato Si, a distinction that highlights his commitment to universal causes such as protecting the planet. In this conversation with Camille Mukoso, SJ, Sheikh Khan opens up on sensitive issues, ranging from the legal age of marriage and divorce to inheritance laws and the role of interreligious dialogue in shaping Kenya’s future.

Camille: In Islamic law, at what age is a person considered ready for marriage? And how does this view fit with Kenyan law, which sets a legal age for marriage?

Sheikh Khan: In Islam, a person is ready for marriage once they reach biological maturity. For a boy, this corresponds to the first signs of puberty; for a girl, it is marked by her first menstrual cycle. This does not mean they are required to marry at that moment, but rather that marriage becomes permissible from that point onward. In Kenya, the law sets the minimum legal age for marriage at 18. In practice, the state often respects religious beliefs. For example, a marriage at age 16 can sometimes be recognized, especially if the individual is deemed mature.

Personally, I encourage young people to prioritize education before marriage. I myself chose to marry late so as not to interrupt my studies, while my younger brother, who was not pursuing education, married earlier. The problem arises when certain cultures impose early marriages and wrongly claim this is an Islamic requirement. It is crucial to distinguish culture from religion. Islam itself does not enforce such marriages; in many cases, it is cultural traditions that do so. Today, culture and religion are so deeply intertwined that it can be difficult to separate them, leading to many misunderstandings.

Camille: The Kenyan Marriage Act has been the subject of many debates. In your opinion, what are the main points of tension between this law and Islamic law (Sharia)?

Sheikh Khan: I have not studied the Marriage Act in full detail, but there are clear points of tension. Historically, Kenyan legislation was heavily influenced by English and Christian law, and some provisions fail to account for African cultural practices or Islamic law. I advocate for a revision of the constitution so that it aligns with universal principles, such as the Ten Commandments, which are foundational to many legal systems worldwide. The goal is not for each community to impose its own laws, but rather to establish a common legal framework that respects cultural practices and religious beliefs—so long as they do not contradict core tenets of faith.

Camille: The Qur’an, especially in Surah 2, verses 221 to 241, provides clear guidance on divorce. What do you see as the most important principles in these verses to protect both parties, especially women?

Sheikh Khan: The Qur’an, in Surah Al-Baqarah (2:221–241), offers very detailed guidance. Islam does not encourage divorce, but it does not forbid it either. Instead, it lays out a gradual process of reconciliation. After a first declaration of divorce, the husband and wife must wait for three menstrual cycles—roughly three months—to allow space for reconciliation. If reconciliation occurs, the divorce is annulled. This process can be repeated a second time.

At the third divorce (talaq mughaladha), the separation becomes final. If the couple later wishes to remarry, the woman must first have married another man in a legitimate, independent marriage—not as part of a prearranged plan. This system gives couples time to save their marriage and encourages thoughtful decision-making. Divorce is placed in the hands of the man, not because the woman is inferior, but because the man is expected to act with deliberate reflection. In cases of abuse or violence, however, the woman has the right to initiate divorce (khula).

As for the concept of marital rape, it does not exist in Islamic law in the same sense it does in Western legal systems. Intimacy is understood as a mutual right within marriage. However, if the relationship becomes abusive, the woman can seek separation, and from that moment onward, the husband loses all rights to intimacy.

Camille: How is divorce viewed today in Kenyan society, particularly within the Muslim community? Are there still taboos or misunderstandings surrounding this issue?

Sheikh Khan: In Islam, divorce is not taboo. The Prophet Muhammad himself married widows and divorcees to show that these women must be respected and fully integrated into society. The main tensions today concern child custody and inheritance. For instance, a boy stays with his mother until he reaches maturity, while a girl remains with her mother until marriage. However, if the father is irresponsible—such as being an alcoholic or abusive—custody automatically goes to the mother.

In one extreme case, I personally had to place a child under the care of his maternal grandmother, as both parents were addicted to drugs. Islamic law generally favors the maternal side of the family, as it is often considered a more stable environment for the child, unless the father can prove that he is the more responsible parent. Ultimately, the guiding principle is always the best interest of the child.

Camille: The Qur’an, especially in Surah 4, verses 11, 12, and 176, clearly defines the rules of inheritance. How do you respond to those who criticize these rules, saying that women receive a smaller share than men?

Sheikh Khan: This is a misconception. In reality, women receive more in proportion to their obligations. Men are given a larger share because they carry greater financial responsibilities. Even if a woman is wealthy and her husband is poor, it remains his duty to provide for the household. I like to compare this to a business partnership: the active, working partner naturally receives a larger portion of the profits, while the silent partner receives less. It’s not a matter of inequality but of roles and responsibilities. Interestingly, scientific studies have shown that when a woman gives birth to a boy, she produces twice as much breast milk as when she gives birth to a girl. This, to me, symbolically illustrates the divine wisdom behind the concept of the male “double share.”

Camille: You spoke about the importance of dialogue between religious communities. Do you believe that Christians and Muslims can find common ground on sensitive issues like marriage, divorce, and inheritance?

Sheikh Khan: Absolutely. When I was at Kenya Interfaith Youth, our motto was: “Welcome the other, celebrate our diversity, focus on our common goals.” We must avoid theological debates that divide us—like the question of the Trinity—and instead focus on shared values, such as justice, the protection of families, and peace.

Our differences represent only 1% of our realities, yet we spend far too much time on them instead of building on the 99% we share in common. Personally, I visit churches, attend Christian weddings and funerals. At the Holy Family Basilica and All Saints Cathedral, I even have reserved seats. These symbolic gestures show that mutual respect can exist without blurring the boundaries of each faith. When Pope Francis recognized me as a Muslim ambassador for the environment, it demonstrated that universal causes can unite us beyond religious divisions.

Camille: In your view, what are the main obstacles to this kind of dialogue, and how can they be overcome?

Sheikh Khan: The greatest obstacle often comes from religious leaders themselves. Many fear losing their congregations—and with them, their influence or resources. This fear can hinder efforts at interfaith cooperation. But if we truly believe that salvation is open to all, why be afraid?
Paradise would be incomplete if it contained only Christians or only Muslims. Diversity is God’s will, and our role is to transform it into spiritual richness, not conflict.

Camille: What message would you like to share with those who misunderstand Islam?

Sheikh Khan: Go out and meet Muslims! Don’t limit yourself to books or stereotypes. True understanding is born from personal encounter and dialogue. I myself attend Christian events, while respecting the boundaries of my faith: I do not participate in the Mass or the sacraments. Similarly, when Christians visit a mosque, they are welcome to observe and learn, but not to join in the rituals of worship. This kind of mutual respect fosters genuine understanding. It is the only way to build a united and peaceful Kenyan society, where every believer feels recognized and respected.

The conversation with Sheikh Khan sheds light on the ongoing tensions between civil law, cultural traditions, and religious regulations in Kenya. By addressing sensitive issues such as early marriage, divorce, and inheritance, Sheikh Khan offers a nuanced perspective that clearly distinguishes culture from religion and calls for greater mutual understanding. His personal journey and lifelong commitment demonstrate that interfaith dialogue is not just an abstract ideal but a practical reality, achievable when communities choose dialogue and cooperation over division.

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