By ABDULWAKIL SAIBOKO, 2nd July 2010 Daily News
SOME Muslim clerics have urged the government to consider enacting a clear law to guide Kadhi Court upon its establishment, so as to make it work in a confined manner.
Reading a resolution by the coalition of Muslim communities in Dar es Salaam on Friday, Sheikh Ali Basalehe told reporters that they were mystified by the government’s decision to return the matter to Muslims to decide their fate.
“We ask the government’s full commitment in this matter. Through the Parliament, it should be enshrined in the constitution to make sure boundaries are clearly set.
Failure to do so might turn this important issue into chaos when it takes off,” warned the cleric who was flanked by a section of sheikhs.
Sheikh Basalehe named the communities involved in compiling the resolutions as: Islamic Club, Tanzania Muslim Solidarity, SHIA Ithenaashari, Markaz, Imam’s Shura, Tanzania Muslim Professionals and BASUTA among others.
Another Sheikh, Issa Ponda, urged the government to consider providing essential instruments for the court to work effectively, which would include allocating budget to run its activities.
“There is no problem putting this matter in the national constitution because it will serve a section of Tanzanians who need to be guided by their constitution. Other secular countries such as Kenya, Uganda, Ethiopia and Gambia have it in their constitutions,” he said.
Sheikh Ponda added that doing so would mean that the court, just like any other in the country is recognised by the state, and is thus a legal institute that should be respected by those whose cases will be determined by the court.
In another development, Sheikh Ponda has urged the government to ensure that the matter remains an issue to be discussed upon by all Muslim communities, pointing out that Tanzania Muslim Council was not an umbrella but a mere community in a country of many Muslim communities.
“When the process of formation of the court started, all the communities were involved but now Bakwata is monopolising the matter,” he said. The Minister for Justice and Constitutional Affairs, Mr Mathias Chikawe, was quoted as saying that the government has never barred Muslims from establishing Kadhi Court.
“The argument here is whether the court should be established by the government and be under the government or whether it should be established by Muslims themselves and be incorporated into laws of the land,” observed Mr Chikawe.
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