Muswada wa Mahakama ya Kadhi!
Muswada wa Mahakama ya Kadhi!
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dovillenproperty
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- Nov 24, 2014
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Hoja ya msingi
Jurrasic Park
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Nahisi zisiwepo iyo mahakama tupumue sie wakrist maana waislam tunawaogopa ka bomu
Hayo mambo wayaache kabisa for christ sake
Hayo mambo wayaache kabisa for christ sake
crabat
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- Dec 28, 2012
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Kwa nini Katiba ya Tanzania Itambue Mahakama ya Kadhi?
Katika hali ya mkanganyiko, taifa kugawanyika kutokana na jamii ya Wakristo Tanzania kuhamasishana na kutumia majukwaa yao na wabunge wao kuleta upinzani wa hali ya juu kupinga kurejeshwa na kutambuliwa Mahakama ya kadhi katika sheria na katiba ya Tanzania , bado kuna mambo na wajibu muhimu katika kujenga Tanzania yenye amani, upendo na umoja kuliko njia inayotumika ya ushabiki na ukinzani uso na maana katika kutatua tatizo hili .
Kuwakatalia jamii ya waislam ambayo ina historia kubwa na ilotukuka katika kudai uhuru na kujenga umoja wa nchi hii jamii ambayo ina mchango mkubwa katika jamii na kiuchumi , jamii ambayo imeishi na kukaa na ndugu zao kama Watanzania, jamii ambayo imewakaribisha wengi wasiokuwa waislam katika maeneo yao hakika kuwakatalia jamii hii utambulisho wao wa mila na desturi zao ambazo ni sehemu ya maisha yao , desturi na mila ambazo hazimdhuru kwa njia yoyote asiekuwa Muislam hakika ndugu zetu wakristo huko sio kushinda na sio njia muwafaka kutatua kadhia hii ..huku ni kukaribisha mpasuko ,kutokuaminiana na kugawanyika kwa taifa na utaifa.
Kuna njia muafaka zaidi ya kujenga Tanzania yenye umoja na mshikamano kuliko njia mulo itumia kuwahamasisha wafuasi wenu ikiwamo wabunge kukataa na katika kutatua hitajio hili la jamii ya Waislam kuwa na mahakama ya kadhi.Uwamuzi wenu huu hakika umelifanya taifa kuwa vipande viwili.ilitakiwa busara na uoni na Kuepuka mihemko, hisia, jeuri na udogma katika kufikia muafaka wa suala hili
Njia nzuri ni kutambua kuwa kama Taifa tunajivunia mchanganyiko wa taifa lanye makabila , dini , utamaduni na asili mbali mbali na lazima tuendelee kujenga Taifa hili tukizingatia mchanganyiko huo.Katika mchanganyiko huu ni muhimu kuwa na uwiano kati ya utaifa na utambulisho wake na pia values za kijamii na utambilisho wake . Kuikatalia jamii moja utambulisho wake katika jambo muhimu katika kuwapo kwao as expressed in its most cherished values hakika ni njia ya kuelekea kubaya.
WHY THE OPPOSITION TO KADHI COURTS?
Is the real opposition to the principle of Kadhi's courts , or merely their constitutional recognition? The former is unjustified since Tanzania law recognises different cultures and values, including several regimes of family law. Nor can we say that Muslim values are so antagonistic to national values that they should be curbed, as one might say in Europe (even there, there is no outright rejection of Muslim law Germany applies it, and the head of the Anglican Church has strongly advocated sharia courts for Britain). And we should remember that the general law and courts in Tanzania, transplanted from England, are based on Christian values and practices.
SECULARISM VERSUS RELIGIOUS LAWS
Another argument against Kadhi's courts is that religious laws have no place in a secular state. Secularism does not exclude religious laws in personal domains. Secular India has not abolished religious personal laws. Secularism there means that the state would not favour one religion over another, and for the most part the public space would not be dominated by religious beliefs or dogma (e.g. qualifications for public office would not be based on religion, nor would the beliefs or practices of one faith be imposed on others). The application of Muslim law in only personal matters by Kadhi's courts is fully compatible with these principles.
Nor does the recognition of Muslim law violate the principle of equal treatment of religions. Since religions have different conceptions of marriage and family, the most sensible thing is not to force the state in choosing between different religious traditions, but to respect them all. Tanzania laws do precisely that.
It is ironic that those Christians who oppose the inclusion of Kadhi's courts have successfully opposed gay marriages and reproductive health on religious grounds. Many Christians groups have cited authority from the Bible for these and other proposals, which people of other or no religion find unattractive, even offensive, and which cause humiliation and suffering to thousands.
NATIONAL INTEGRATION VERSUS DIVERSITY
Some argue that the recognition of diversity prevents national integration. In the Indian Constituent Assembly, some Hindu fundamentalists said that Indian unity would be under threat unless Muslim personal law was integrated with other systems. The assembly rejected forced assimilation of this type. Since then successive governments have said that an integrated law will not be imposed on Muslims against their will. On the whole this position has reinforced rather than threatened unity.
Unity comes from each community feeling that it is free to pursue its values and diversity (within overarching common values). Forced assimilation is the sure way to conflict. Non-Christians in Tanzania have tolerated many aspects of the de facto Christianisation of the state. Recognition of Muslim law is less, certainly no more, threatening to national unity than these practices. No non-Muslim suffers any harm due to the existence of Kadhi's courts, but they mean much to Muslims. Surely here we have a clue to solving the Kadhi's court issue.
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. Any religious role, which a Kadhi may play, is outside his official duties.
Katika hali ya mkanganyiko, taifa kugawanyika kutokana na jamii ya Wakristo Tanzania kuhamasishana na kutumia majukwaa yao na wabunge wao kuleta upinzani wa hali ya juu kupinga kurejeshwa na kutambuliwa Mahakama ya kadhi katika sheria na katiba ya Tanzania , bado kuna mambo na wajibu muhimu katika kujenga Tanzania yenye amani, upendo na umoja kuliko njia inayotumika ya ushabiki na ukinzani uso na maana katika kutatua tatizo hili .
Kuwakatalia jamii ya waislam ambayo ina historia kubwa na ilotukuka katika kudai uhuru na kujenga umoja wa nchi hii jamii ambayo ina mchango mkubwa katika jamii na kiuchumi , jamii ambayo imeishi na kukaa na ndugu zao kama Watanzania, jamii ambayo imewakaribisha wengi wasiokuwa waislam katika maeneo yao hakika kuwakatalia jamii hii utambulisho wao wa mila na desturi zao ambazo ni sehemu ya maisha yao , desturi na mila ambazo hazimdhuru kwa njia yoyote asiekuwa Muislam hakika ndugu zetu wakristo huko sio kushinda na sio njia muwafaka kutatua kadhia hii ..huku ni kukaribisha mpasuko ,kutokuaminiana na kugawanyika kwa taifa na utaifa.
Kuna njia muafaka zaidi ya kujenga Tanzania yenye umoja na mshikamano kuliko njia mulo itumia kuwahamasisha wafuasi wenu ikiwamo wabunge kukataa na katika kutatua hitajio hili la jamii ya Waislam kuwa na mahakama ya kadhi.Uwamuzi wenu huu hakika umelifanya taifa kuwa vipande viwili.ilitakiwa busara na uoni na Kuepuka mihemko, hisia, jeuri na udogma katika kufikia muafaka wa suala hili
Njia nzuri ni kutambua kuwa kama Taifa tunajivunia mchanganyiko wa taifa lanye makabila , dini , utamaduni na asili mbali mbali na lazima tuendelee kujenga Taifa hili tukizingatia mchanganyiko huo.Katika mchanganyiko huu ni muhimu kuwa na uwiano kati ya utaifa na utambulisho wake na pia values za kijamii na utambilisho wake . Kuikatalia jamii moja utambulisho wake katika jambo muhimu katika kuwapo kwao as expressed in its most cherished values hakika ni njia ya kuelekea kubaya.
WHY THE OPPOSITION TO KADHI COURTS?
Is the real opposition to the principle of Kadhi's courts , or merely their constitutional recognition? The former is unjustified since Tanzania law recognises different cultures and values, including several regimes of family law. Nor can we say that Muslim values are so antagonistic to national values that they should be curbed, as one might say in Europe (even there, there is no outright rejection of Muslim law Germany applies it, and the head of the Anglican Church has strongly advocated sharia courts for Britain). And we should remember that the general law and courts in Tanzania, transplanted from England, are based on Christian values and practices.
SECULARISM VERSUS RELIGIOUS LAWS
Another argument against Kadhi's courts is that religious laws have no place in a secular state. Secularism does not exclude religious laws in personal domains. Secular India has not abolished religious personal laws. Secularism there means that the state would not favour one religion over another, and for the most part the public space would not be dominated by religious beliefs or dogma (e.g. qualifications for public office would not be based on religion, nor would the beliefs or practices of one faith be imposed on others). The application of Muslim law in only personal matters by Kadhi's courts is fully compatible with these principles.
Nor does the recognition of Muslim law violate the principle of equal treatment of religions. Since religions have different conceptions of marriage and family, the most sensible thing is not to force the state in choosing between different religious traditions, but to respect them all. Tanzania laws do precisely that.
It is ironic that those Christians who oppose the inclusion of Kadhi's courts have successfully opposed gay marriages and reproductive health on religious grounds. Many Christians groups have cited authority from the Bible for these and other proposals, which people of other or no religion find unattractive, even offensive, and which cause humiliation and suffering to thousands.
NATIONAL INTEGRATION VERSUS DIVERSITY
Some argue that the recognition of diversity prevents national integration. In the Indian Constituent Assembly, some Hindu fundamentalists said that Indian unity would be under threat unless Muslim personal law was integrated with other systems. The assembly rejected forced assimilation of this type. Since then successive governments have said that an integrated law will not be imposed on Muslims against their will. On the whole this position has reinforced rather than threatened unity.
Unity comes from each community feeling that it is free to pursue its values and diversity (within overarching common values). Forced assimilation is the sure way to conflict. Non-Christians in Tanzania have tolerated many aspects of the de facto Christianisation of the state. Recognition of Muslim law is less, certainly no more, threatening to national unity than these practices. No non-Muslim suffers any harm due to the existence of Kadhi's courts, but they mean much to Muslims. Surely here we have a clue to solving the Kadhi's court issue.
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. Any religious role, which a Kadhi may play, is outside his official duties.