KADHI Courts not only a foolish idea but unconstitutional too

KADHI Courts not only a foolish idea but unconstitutional too

Rutashubanyuma

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Kadhi courts have become the most divisive and polarising policy tools since our post independence era.

Proponents would love to blackmail this nation that it is either we cave in or we shall face the highway music! The problem is budging to this will pave way for Islamization of our constitutional order because like a proverbial camel once appeased the demands become endless.

Our constitutional order is categorical that no religious discrimination or favouritism is permissible but we have the most decadent regime in our history which has no rules let alone benchmarks of ethics and therefore is amendable to parochial demands such as these!

Behind religious favouritism comes naked discrimination which this regime is too happy to condone. CCM preaches peace but is undoing by proffering to Islamic extremist agenda whose long term goals are to piecemeal subduing secular constitutional order at the altar of Koran diktats!

Surely, the path to sustainable peace has never been more threatened. Kenyan example is picked as a beacon without historical contextualization of what is wrong of briberies post independent Kenya has enticed the coastal inhabitants in exchange for land. One has to remember before 1964 coastal offshore was part of Oman Empire, and British colonists bought it with a piece of cloth and silver!

From then on, the legitimacy of Kenya owning the coastal strip became disputable and a source of religious appeasement to retain the strip in Kenya. Is our case similar to a Kenyan one that we may succumb to their colossal errors of judgment? Kenya is at war both from within and from without while religious bribes have miserably failed to secure a peaceful settlement over ownership of coastal strip.

All Islamic countries are riddled with deadly internal conflicts despite their constitutional orders reaffirming those countries are Islamic ones! In a summary, Islam is anything but peace as it is often loftily claimed.

Kadhi courts are as controversial as they are a distraction. On one hand Islam discriminates non Muslims from adjudging Islamic disputes but have no qualms if kaffirs' bootleg funds them! Taxes from sinful transactions are easily sanctified on blatant excuses of "see nothing, sin not!"

Women cannot be kadhis just like non Muslims and undemocratic faceless Imams appoint kadhis without being accountable to the electorate! If fanatics achieve the ulterior motives we will be converting our goverment as a constitutional mess where constitutional values are subjected to lip-service but no substance! Are we not silently surrendering to a creation of a caliphate before our own eyes?

Kadhi courts decisions whether fair or not cannot be appealed against in our judicial system because Kaffirs are outlawed to interpret the Koran! Kafirs are their slaves to fund the luxurious lives of Kadhis but cannot require it to meet constitutional values of equity, fairness and inclusion.

Once you create unconstitutional laws the nation ought to be run by fools blinded by their greed to power but not to lead this nation in a sustainable way.

The only way Kadhi courts' straw can access our Treasury is only when our constitutional order is adhered to the core of our values where outlawing gender and religious discrimination let alone enforcing accountability are respected at all times.

This can only be achieved only if Kadhis are funded by Muslims or they become part of our judicial system where our justices decide them regardless of gender and religious barriers superimposed by Islamic wants.
 
[h=3]In the Matter of Kadhis' Court and the Constitution of Tanzania[/h]

IN THE MATTER OF THE KADHIS' COURT, OTHER COURTS
AND

IN THE MATTER OF CONSTITUTIONAL REVIEW
AND

IN THE MATTER OF ENFORCEMENT OF FUNDAMENTAL RIGHTS
AND FREEDOMS OF THE INDIVIDUAL UNDER SECTIONS OF THE CONSTITUTION OF TANZANIA


The Grounds of the Summons and Supporting Affidavits:A. Tanzania is a multi-religious and multi-cultural state and the Constitution defends this position;
B. The separation of the state and religion must be respected and promoted but allowing Kadhi Courts in Tanzania's Constitution will contradicts this cardinal principle;
C. There is no valid basis whatsoever for the inclusion of the Kadhis' Courts in the Constitution;
D. The entire process of the Constitutional Review has been skewed, biased against Christians and other Tanzanians and bereft of any iota of Constitutionalism;

1. Who appoints Chief Kadhi and Kadhis?
2. What are the qualification for appointment to the office of a Kadhi (including a Chief Kadhi)?
3. Since the Kadhis are not trained lawyers who understand the Evidence Act and the Civil Procedure Act, how and/or what will they use to administer their Courts?
4. Muslims are mainly of two sects in Tanzania - the Sunni and Shia. Majority of the Muslims in Tanzania are Sunni Muslims but there is a significant population of Shia Muslims too and consideration ought to be given to the appointment of Kadhis of the Shia Sect to cater the interest of the Shia Muslims. Will they have two different Courts? For Sunni and Shia?
5. How will Muslim Women be protected since: Muslim law regards women as less than men in matters of both marriage and divorce, as well as devolution of property: Holy Quran Surah 2:228-232, and Surah 65:1-7 (only a man may divorce his wife even if he is required to provide for her); a man may beat his wife, even if lightly, the evidence of two women, is equal to evidence of one man (Surah 2:282). The application of such beliefs of faith are contrary to the Constitution.

Islamic "Kadhi" courtsis illegal and discriminatory. The Kadhi court system will elevates Islam over the country's other religions, and should be deemed unconstitutional because it does not coincide with Tanzania's secular mandate and should not be included in the nation's new constitution.

MY CONCERNS
(a) There is no valid basis whatsoever for the inclusion of the Kadhis' Courts in the Constitution;
(b) If Muslims alone get preferential treatment for setting religious Courts, then other communities and faiths would come forward to have separate courts
(c) Provision such as Kadhis' Courts is normally covered under the general law. It should not be part of the main body of the Constitution,
(d) Due to different school of interpretation of the Holy Koran and Hadith which figh will the Kadhis' Courts follow? Will there be Kadhis' Court as per separate jurisdiction of Shias and Sunis? What would be the views of Ismaili or Bohra Communities on the issue?
(e) Even in Pakistan, no universal Islamic courts could be established due to confusion and conflicts between the figh Jaferia of Shias and the figh of Sunis
(f) Several sects of Muslims community do not follow Kadhis' Courts but have their own jurisprudence.
(g) The awards of the Kadhis' Courts are based on the sole discretion of the Kadhi. What view do the Muslim Women have on this system? Do the majority of the Muslim Women concerned get a fair trial in Kadhis' Courts? Are they convinced that their welfare and fundamental rights are protected at the hearings?

MY RECOMMENDATIONS
(1) All people should be given options to go to independent or higher courts. The High Court and Court of Appeal should be above religious courts, if such courts are part of the Constitutional provision either directly or indirectly;
(2) There should be an open door policy to change the laws which cannot be challenged,
(3) Courts should be authorized to employ scholars who would enlighten judges on the interpretation of religious doctrines;
(4) The draft recommends setting up Village Councils to deal with minor problems in rural areas, which can take care of local religious sentiments to protect national unity and religious harmony. Expand the role of Village Councils to deal with social disputes;

Respectfully submitted,

August 24, 2014

[h=3]In the Matter of Kadhis' Court and the Constitution of Tanzania[/h]​

 
Why is kadhi issue is so important to this government?this government likes to play with the minds of moslems and they think we are so stupid and we can put them into power just because we are so excited that the kadhi issue has been granted to take place in Tanzania,I would like to tell them with all due respect that we dont want that kadhi thing to happen in this country at all.

CCM party wants to gain another victory on the expense of the moslems by persisting on kadhi thing, i say we dont want this thing to happen in Tanzania at all.

I know they are attracted by the number of moslems,i mean by the numeric superiority of the moslems in the country, because we are the ones who give them office to run this country, therefore they try to convince us to be with them during the coming election and the assume by using Kadhi card they will be able to convince some stupid moslems to give them office to rule this country again.

I say that time is over now they are dealing of today's moslems and not those yesterday's ones,we know what we want finaly i suggest that this court to be allowed in places where majority are moslem,we have plce like Dar ,Tanga Bagamoyo and Ujiji-Kigoma all these places deserve kadhi courts and not otherwise,i know this suggestion will create a havoc among the citizen of Tz but if you look into it very deep you will find there is reality in it.I say no kadhi court in Tz and no vote for CCM.

Peace Mr Murage Msherwampamba.

End
 
Ishmael

All this light from you is incomprehensible to them because they are in the darkness. Where in Tanga terrorists are running amok they have no guts even to acknowledge the terrorists are there but they baptize them common criminals.

When problems are not acknowledged chances of finding permanent solutions also disappear because diagnosis is faulty and solutions will also be faulty.
 
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All this light from you is incomprehensible to them because they are in the darkness. Where in Tanga terrorists are running amok they have no guts even to acknowledge the terrorists are there but they baptize them common criminals! When problems are not acknowledged chances of finding permanent solutions also disappear because diagnosis is faulty and solutions will also be faulty!
When they break Churches in Mbagala Tanzania while saying Allahu Akbar, they said the same thing, THOSE WERE CRIMINALS AND NOT MUSLIMS" simultaneous, they quietly arrested Shehe Ponda, WHY?. They know that it is Muslims who are criminals and not criminals who happened to be Muslims.

Tanga issue is clear, we have the videos as exhibit that those Jihaddist are Muslims and worship Allah. They did that because of Allah, and we can not take it anymore.
 
When they break Churches in Mbagala Tanzania while saying Allahu Akbar, they said the same thing, THOSE WERE CRIMINALS AND NOT MUSLIMS" simultaneous, they quietly arrested Shehe Ponda, WHY?. They know that it is Muslims who are criminals and not criminals who happened to be Muslims.

Tanga issue is clear, we have the videos as exhibit that those Jihaddist are Muslims and worship Allah. They did that because of Allah, and we can not take it anymore.

There is a saying which says "forewarned is forearmed."
 
Thank you Sir.

cc: Nonda
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.....

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
 
Nonda
Unfortunately, constitution does not allow Kadhi Court.
 
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That is the point. That is why We need a new one. The one that allows.
Who is "WE" and you need it from where? We do have one already. If you really want Kadhi Court, you may need to relocate to Saudi Arabia, by the way, Allah lives there. It will be a win win situation for you.
 
Nonda
Unless "WE" means Muslims, if that is true, it will never happen in Tanzania. You know Muslims are only 30% of the population. How will the 30% beat 70% of the Tanzanian population?
 
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Other problems of kadhi courts include preaching water while drinking wine. For starters, Islam is against pigs, beers, cigarettes, sleazy money, tax earnings from interest income but TRA collects them, and the real aim to legislate Kadhi Courts is to tap on tax revenue for their sustenance!

On one hand, sinful taxes are an abomination but on the other hand they are sanctified by "see no evil, commits none!"

A deeper evaluation of Kadhi courts is the unemployed Imams are seeking public employment by the backdoor!

That is totally unacceptable!
 
Other problems of kadhi courts include preaching water while drinking wine. For starters, Islam is against pigs, beers, cigarettes, sleazy money, tax earnings from interest income but TRA collects them, and the real aim to legislate Kadhi Courts is to tap on tax revenue for their sustenance!

On one hand, sinful taxes are an abomination but on the other hand they are sanctified by "see no evil, commits none!"

A deeper evaluation of Kadhi courts is the unemployed Imams are seeking public employment by the backdoor!

That is totally unacceptable!
Je Waislamu wa nchi hii hawalipi kodi?

The history of the Kadhis courts illustrates that this institution is a crystallised right of the Kenyan Muslim minority. The Kadhis' courts have embodied a manifestation of the beliefs of the Kenyan Muslims without conflict with other Kenyans. Any move to deprive the Kenyan Muslim community of its constitutional rights to this practice is discrimination based on religion, which is a contradiction of the rights of citizens under 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. However, in view of the various changes that have taken place over the years, not least being the increase in the number of Muslims, the Kadhis courts need to be streamlined and made even more efficient to better equip them to handle the challenges of a growing nation. For instance, it is not feasible to expect the current 18 Kadhis to effectively adjudicate between the millions of Kenyan Muslims, hence the need to increase the number of these courts. Similarly, the qualifications of the Kadhis need to be streamlined to enable the office-holders to render effective service. It is in light of this that, in reviewing the current constitution, Kenyans examined and recommended improvements to the existing institutions, including the Kadhis courts, to facilitate governance as an integral part of the enabling environment for development. It is worth noting that the civil society is in support of the retention of the Kadhis courts. Indeed some human rights and legal organisations had even prepared a model constitution in which they not only recommended the retention of the Kadhis courts but also the enhancement of the qualifications and status of the Chief Kadhi.
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
 
Je Waislamu wa nchi hii hawalipi kodi?

The history of the Kadhis courts illustrates that this institution is a crystallised right of the Kenyan Muslim minority. The Kadhis' courts have embodied a manifestation of the beliefs of the Kenyan Muslims without conflict with other Kenyans. Any move to deprive the Kenyan Muslim community of its constitutional rights to this practice is discrimination based on religion, which is a contradiction of the rights of citizens under 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. However, in view of the various changes that have taken place over the years, not least being the increase in the number of Muslims, the Kadhis courts need to be streamlined and made even more efficient to better equip them to handle the challenges of a growing nation. For instance, it is not feasible to expect the current 18 Kadhis to effectively adjudicate between the millions of Kenyan Muslims, hence the need to increase the number of these courts. Similarly, the qualifications of the Kadhis need to be streamlined to enable the office-holders to render effective service. It is in light of this that, in reviewing the current constitution, Kenyans examined and recommended improvements to the existing institutions, including the Kadhis courts, to facilitate governance as an integral part of the enabling environment for development. It is worth noting that the civil society is in support of the retention of the Kadhis courts. Indeed some human rights and legal organisations had even prepared a model constitution in which they not only recommended the retention of the Kadhis courts but also the enhancement of the qualifications and status of the Chief Kadhi.
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


Nonda Kenya is and should not be a role model to emulate because our histories are different. Kadhi courts in Kenya are bribes to justify annexation of coastal strip from Zanzibar parceled out in 1963 right before Kenyan independence.

Despite those official bribes, Kenyan coastal strip is at war with itself and with the rest of Kenya. The rise of MRC-Mombasa Revolutionary Council is a testimony to that let alone the disappearance and killings of hate Imams on regular basis. Today, MRC is radicalizing coastal Muslims to join in its holy war to eradicate itself with Christian infidels who are defiling their land in equal simulation of Book Haram and Al- Shabab terror tactics!

The notion being propelled that Kenya is at peace with itself despite the constitutionalization of Kadhi courts is both deceitful and desperately wicked.

In Tanzania, we need to draw a clear line Kadhi courts can only be constitutionalized and funded by the government if - only if, there will be no discrimination based on gender and religion on their administration of justice meaning they are wholly integrated in our current judicial system with no separate requirement of securing public service employment to a patriarchal caliphate under the demoniac guises of honouring Allah!

Two parallel systems of Kadhi courts could be enacted one funded by Moslems themselves that will discriminate non Muslims and women in their administration of justice. The other system of Kadhi courts embedded in our judicial system where no form of discrimination is permissible or even tolerated let alone endured.
 
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It unreasonable and with bad motive wich our banabana president who seems to expel our country to mess has initiated this shameles distress which can't be accepted, let us stand together to deny it as together we can
 
Nonda Kenya is and should not be a role model to emulate because our histories are different. Kadhi courts in Kenya are bribes to justify annexation of coastal strip from Zanzibar parceled out in 1963 right before Kenyan independence.

Despite those official bribes, Kenyan coastal strip is at war with itself and with the rest of Kenya. The rise of MRC-Mombasa Revolutionary Council is a testimony to that let alone the disappearance and killings of hate Imams on regular basis. Today, MRC is radicalizing coastal Muslims to join in its holy war to eradicate itself with Christian infidels who are defiling their land in equal simulation of Book Haram and Al- Shabab terror tactics!

The notion being propelled that Kenya is at peace with itself despite the constitutionalization of Kadhi courts is both deceitful and desperately wicked.

In Tanzania, we need to draw a clear line Kadhi courts can only be constitutionalized and funded by the government if - only if, there will be no discrimination based on gender and religion on their administration of justice meaning they are wholly integrated in our current judicial system with no separate requirement of securing public service employment to a patriarchal caliphate under the demoniac guises of honouring Allah!

Two parallel systems of Kadhi courts could be enacted one funded by Moslems themselves that will discriminate non Muslims and women in their administration of justice. The other system of Kadhi courts embedded in our judicial system where no form of discrimination is permissible or even tolerated let alone endured.
If this is your conviction, then just wait and see this country sliding to......in the near future, if at all there is a future!:lol:

What has Kadhi courts to do with BokoHaram and the like and vice versa?
You must be jocking!
 
If this is your conviction, then just wait and see this country sliding to......in the near future, if at all there is a future!:lol:

What has Kadhi courts to do with BokoHaram and the like and vice versa?
You must be jocking!
It has to do with it because BH are executing certain evil through their diabolical Kadhi Courts.
 
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