LEGISLATORS have supported the establishment of Qadhi courts to handle Muslim marriages, divorce and inheritance.
“This is very good and it shows that the Government is promoting what is established in the Constitution,” said Abdu Katuntu (FDC) during a seminar on the Domestic Relations Bill.
“This would be instrumental in handling the Muslim matters as prescribed in our divine rules.”
A technical committee of the Uganda Muslim Supreme Council submitted the proposals to the Law Reform Commission to be included in the Bill.
The council said a chief qadhi, who would preside over the courts, must have a degree in Sharia law and be of high moral character.
However, Katuntu and Erias Lukwago (DP) said the chief Qadhi must also posses a degree in secular law in addition to one in Sharia.
They also noted that it was not very clear in the proposals how the chief qadhi would be appointed and who would appoint them.
The council also submitted that a woman shall not have custody of her children if she divorced or denounced Islam.
But Betty Amongi (Independent) opposed the clause on of children’s custody, saying it was aimed at denying women the right to their children.
However, Lule Mawiya said: “Let us not debate the Koran because it has stayed for ages and it has been tested.”
The deputy speaker, Rebecca Kadaga, gave assurance that the long-awaited Bill would be enacted this year because “We do not want to compete with election campaigns.”
The chief of the Federation of Women Lawyers (FIDA), Miria Nassali, said they had organised a meeting between the Uganda Muslim Supreme Council and the Law Reform Commission to reach a compromise.
The council also submitted that a woman shall not have custody of her children if she divorced or denounced Islam.
So in the above case could the woman demand a secular hearing if she denounces Islam, it seems that the man benefits by demanding a trial under Sharia law, but who would decide?
What about the children, if they are a baby they will not know how they are going to grow up, if they are eight years old they might be influenced either way, and if the child is fifteen they will be starting to make up their own mind.
Tricky thing the law, justice has to be seen to be done and it must be fair; and then there is the question of Allah.
How do you make judgements by using your wonderful signature
The Messenger of Allah (pbuh) said, “Shall I inform you of the best morals of this world and the hereafter?
They are to forgive he who oppresses you, to make a bond with he who severs from you, to be kind to he who insults you, and to give to he who deprives you.
In the spirit of praying for the wisdom of Solomon,
The council also submitted that a woman shall not have custody of her children if she divorced or denounced Islam.
I'm not quite sure I understand this. Will all divorced women lose custody or only those who leave Islam? Can couple stay together in case one spouse denounces Islam? If so, does that apply to both spouses or just women?
If all that's true, Islamic law should have no place in the UK.
Last edited by Whatsthepoint; 07-17-2008 at 11:29 PM.
There are already Jewish family courts in the UK, so I don't see that this is anything big. The lawactively encourages arbitration and mediation outside the courts, in a manner agreed by both parties.
It won't have any binding authority, just 'moral' authority. If anyone disagrees with a decision, they could go to the real courts and do it that way.
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