Kadhi courts has no place in the constitution

Wakristo watajamba mpaka kuharisha lakini KADHI lazma iwepo
 
Nice post. Thank you 2013
 
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The Kadhis courts, as with any other court, must be provided for in the constitution, as otherwise their establishment would be unconstitutional. Once provided for under the constitution, the courts themselves can either be established in the constitution also or in an Act of parliament. The problem with establishing them under ordinary law by an Act of parliament is that it would make them vulnerable since any decision to abolish them would require a simple majority of the members of parliament. Under the present standing orders of parliament, which sets the quorum of the house at 30, it means that the approval of only sixteen (16) members of parliament would be sufficient to repeal the Kadhis courts. In contrast, to abolish the courts as enshrined in the constitution would require a two-thirds (2/3) majority in parliament. Kenyan Muslims therefore find great relief and solace in the entrenchment of the Kadhis courts in the constitution.

The jurisdiction of the Kadhis courts, then as now, is to adjudicate on matters relating to personal law (marriage, divorce and inheritance) where both parties are Muslims. Throughout the centuries that they have been in existence, the Kadhis courts have provided an efficient and cost-effective resolution of the disputes before them.

The Kadhis courts are not mosques, they are courts of law set up to deal with specific types of disputes. The office of a Kadhi is not a religious office, it is a legal office whose holder is versed in Muslim personal law. They provide a specialised forum for dealing with personal law disputes where both parties are Muslims
link THE KADHIS COURTS
 
we dont want kadhi court to be included in our new constitution because we know gvt of Tanzania is free from religious matter! Kadhi in constitution for what????

The Kadhis courts, as with any other court, must be provided for in the constitution, as otherwise their establishment would be unconstitutional. Once provided for under the constitution, the courts themselves can either be established in the constitution also or in an Act of parliament. The problem with establishing them under ordinary law by an Act of parliament is that it would make them vulnerable since any decision to abolish them would require a simple majority of the members of parliament. Under the present standing orders of parliament, which sets the quorum of the house at 30, it means that the approval of only sixteen (16) members of parliament would be sufficient to repeal the Kadhis courts. In contrast, to abolish the courts as enshrined in the constitution would require a two-thirds (2/3) majority in parliament. Kenyan Muslims therefore find great relief and solace in the entrenchment of the Kadhis courts in the constitution.
 
Mnang'angana sana
Tumeshapata katiba mpya haina kadhi ndani yake. Kuingiza kadhi kwenye katiba ni kuifanya kadhi kuwa sehemu ya serikali. Kadhi haitakiwi ku-trespass Serikali. Inatakiwa ijioperate independent of government. Kadhi ni islamic Affairs na sio Tanzanians affairs.
 

Umeshapata Katiba mpya? Hongera sana.

Naamini uliposoma ulifahamu lakini "udini" unakusumbua. Mahakama ya kadhi si msikiti, ni mahakama. sehemu ya kutoa haki kisheria. Kama ni hivyo ni lazima itambuliwe Kikatiba. Pia umesoma na kuelewa ni kwa nini ni vizuri kikinga itambuliwe kikatiba na sio kutungiwa/kumbulika kwa sheria ya bunge.
 

Nonda inatakiwa ujue unaongea na watu wenye akili, kwa hiyo unapojenga hoja tuliza kichwa kwanza. Tanzania tayari ina mfumo wa Mahakama, ambao sheria zake zinaandikwa na kurekebishwa Bungeni. Sasa wewe unataka tuongeze mfumo mwingine ili iweje? Tena Mahakama ambayo sheria zake hazitakiwi kuguswa na Bunge.
 
..........harakati zinaendelea, hata mkinunaa !........................amandlaaaaa !:horn:
 
hatuhitaji ufafanuzi: kwakuwa tumeshakataa kabisa uwepo wa hiyo mahakama kwenye jamhuri. Na kwakuwa sisi ni wengi huku mtaani, Mkileta za kuleta tunawanyuka na tukianzisha kichapo hatutarudi nyuma.. mpaka kieleweke.
 
Vipi ule usemi wa Allahu akbar? Kivipi deity wenu ashindwe na CCM?
 
The Kadhi court system, which elevates Islam over the country's other religions, was deemed unconstitutional because it does not coincide with Tanzania's secular mandate. Kadhi courts will run/use with public funds is a form of segregation as it promotes the development of one religion over another.


The inclusion of Islamic "Kadhi" courts in the nation's current constitution is illegal and discriminatory. That is why it did not pass.


Financial maintenance and support of the kadhi courts from public coffers amounts to segregation, is sectarian, discriminatory and unjust against the applicants and others... it amounts to separate development of one religion and religious practice contrary to the principle of separation of state and religion.
 

'Ili watu wa Kitabu wajue kwamba wao hawana uweza wowote juu ya fadhila za Allah. Na fadhila zote zimo mikononi mwa Allah. Humpa amtakaye. Na Allah ndiye mwenye fadhila kuu.
Qur'an:57:29
 

Tanzania tunayo katiba tayari. Katiba ya 1977. Unafikiri ni kwa sababu gani tunataka Katiba mpya? Au kuweka viraka katika katiba hiyo pale inapolazimu?
Kama mfumo wa sheria haukidhi matakwa na haja ya jamii inatupasa tufanye nini?
 
Hiyo katiba mpya ni lugha tu. Unaweza pia kuita ni marekebisho ya katiba iliyopo.
 
'Ili watu wa Kitabu wajue kwamba wao hawana uweza wowote juu ya fadhila za Allah. Na fadhila zote zimo mikononi mwa Allah. Humpa amtakaye. Na Allah ndiye mwenye fadhila kuu.
Qur'an:57:29
Who is this person feeling hungry? Do you think he will be able to fight while hungry?

Verily, Allah will say to his slave when He will be taking account of him on the Day of Judgement, 'O' son of Adam, I was hungry and you did not feed me. Sahih Muslim
 
Tanzania tunayo katiba tayari. Katiba ya 1977. Unafikiri ni kwa sababu gani tunataka Katiba mpya? Au kuweka viraka katika katiba hiyo pale inapolazimu?
Kama mfumo wa sheria haukidhi matakwa na haja ya jamii inatupasa tufanye nini?
What makes you think Tanzanians needs a new constitutions and why Muslims failed to get annexation of Kadhi in it? Because , Kadhi court is unconstitutional and inhumane.
 
we dont want kadhi court to be included in our new constitution because we know gvt of Tanzania is free from religious matter! Kadhi in constitution for what????
Thanks dear. In fact, said Court is unconstitutional and will use taxpayers money to support it.
 
What makes you think Tanzanians needs a new constitutions and why Muslims failed to get annexation of Kadhi in it? Because , Kadhi court is unconstitutional and inhumane.

The black and red is a contradiction.
 
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