Muslim court clause brings spotlight in Kenya vote
Critics, including some American evangelicals, complain that the document carves out too many exceptions for the country’s Muslim minority and could create tensions between Muslims and Christians.
Creating a new constitution was a key part of a power-sharing deal that ended weeks of bloody riots 2 1/2 years ago. More than 1,000 people were killed in the violence after a disputed presidential election.
But the inclusion of the publicly funded Muslim courts has galvanized opposition among some Christians ahead of next Wednesday’s vote. A clause in the bill — which polls show is likely to pass — grants equality to women, as long as it doesn’t interfere with the application of Muslim law.
"All Kenyans should have the same rights regardless of ethnicity, religion or gender," said Oliver Kisaka, the deputy general secretary of the National Council of Churches in Kenya. "This is the unfair creation of a system within a system. And why should taxpayers pay for a judicial system that doesn’t include them?"
Muslim leaders call that kind of attitude scare mongering, and point out that Kenya’s Islamic courts predate the country’s independence from Britain, when they were formally brought under the Ministry of Justice. Muslims make up about 10 percent of Kenya’s 40 million people.
Everyone involved in a case before a Kadhi court must be Muslim, and must be there voluntarily. Muslim Kenyans also have the right to pursue cases in the congested secular courts. The harshest punishment the Kadhis can impose is a fine, and their mandate is limited to matters of divorce, marriage and inheritance. Appeals go to Kenya’s secular High Court.
"How does this threaten Christians?" asked Fatima Abeyd Anyanzwa, an anti-rape activist and mother of six. She studied in California and has a certificate from the U.S. ambassador praising her as an "unsung hero" hanging on her wall. "This is just more propaganda against Muslims."
Both sides recognize the traditionally cordial relations between Muslims and Christians have worsened since the Sept. 11, 2001 attacks in the U.S.
Anyanzwa, echoing the complaints of many Muslims in Kenya, say followers of Islam here are often discriminated against.
"People don’t even want to sit next to you on the bus when you wear this," said Anyanzwa ruefully, touching her bright pink headscarf.
Even some conservative American groups are weighing in on the Muslim courts issue ahead of the vote.
"This is a government-sponsored Islamic law system," said Jordan Sekulow, the director of international operations at the Center for Law and Justice. It was founded by U.S. evangelical Pat Robertson and has recently opened a branch in Kenya.
Press releases sent by the organization describe Sekulow as "heavily involved in grass-roots efforts with Christian organizations in opposition to the Kadhi courts."
Sekulow says public funds should be directed to reforming Kenya’s secular courts instead, where cases that can be resolved within a month in the Kadhi courts can wait years for a judgment.
But Judge Ahmed Sharif Mudhar, a Kadhi judge in the capital of Nairobi, says Kadhi courts are already providing Christians with a service by dealing with 4,000 cases a year that would otherwise further clog the system.
"Muslim families feel if this section is removed they are being deprived of their rights," said Mudhar, who has a leather-bound copy of the Kenya Civil Procedures Act on his desk alongside the Quran. "Our brothers, the Christians and the Hindus and other religions, they have nothing to fear. Maybe this problem with the Kadhi courts is a foreign one that has come to Kenya."
Ali Mohamed, a lawyer who was preparing to enter Mudhar’s court to argue a case last week, said Kadhi court clause in the draft constitution has become an issue only because of "agitation by the evangelicals."
"They fear their influence might be eroded by Muslims. Islam is one of the fastest growing religions in the world," he said.
Africa
Two killed, five injured in shooting in S. Africa
At least 139 migrants dead, including some children, after boat from Djibouti to Yemen capsizes, UN agency says
Central African Republic foils planned large-scale militant attack
Rebel attack kills 11 civilians in DR Congo
NEWS FEED
Azerbaijan refines 4.5 million tons of oil this year
Azerbaijan increases natural gas exports
Azerbaijan's daily oil and condensate production figures announced
Volume of oil and gas produced from ACG and Shah Deniz fields to date announced
Delegation from Italy visits Azerbaijan
Georgian FM: Joint projects of Georgia, Azerbaijan and Türkiye serve as a solid foundation
IMF: South Caucasus and Central Asia show resilience to Middle East crisis
Investments in Middle Corridor open new opportunities for South Caucasus - Director
Trump says government officials who leak to the media ‘should be shot’
Azerbaijani oil sold above $124 per barrel
Gold and silver prices rise in commodity markets
Brent oil price falls below $105
FM Bayramov meets Chinese FM - UPDATED
US considers easing sanctions on shadow fleet vessels to cut freight rates, official says
President of Turkmenistan arrives in Azerbaijan
Eight US states sue OpenAI, claiming ChatGPT harms young users
US proposes partial unfreezing of Russian assets to revive Ukraine talks — FT
More than 40 flights to Istanbul have been diverted to other airports
Houthis claim hit on Saudi fighter jet
US destroys Iran-linked ship in Gulf of Oman
Aston Villa beat Fenerbahce 6-0 in Champions League clash at Villa Park
Media and Broadcasting Council and Ministry of Health release joint statement
Trump: Canada will end up being 51st state
Istanbul roads collapse, traffic hits 90% as flooding continues
Banks, buildings burn as Albania's capital Tirana erupts into student violence
Six years pass since Armenian army's shelling of Terter cemetery
Haberturk: Teenager dies from electric shock during heavy rain in Istanbul
Ukrainian President rules out resigning, holding elections
FBI denies Patel's visit to Russia
Britain will develop military equipment for Ukraine
Dinner hosted on behalf of President Ilham Aliyev in honor of participants of 7th CICA Summit
French President to visit Gulf states from October 19 to 21
President Ilham Aliyev met with President of Tajikistan
President Ilham Aliyev met with President of Uzbekistan-UPDATED
US plans to deploy hundreds of thousands of kamikaze drones
Zelenskyy says he feels 'betrayed' by Trump's actions
FBI Director Patel visits in Russia
Iranian FM, Lebanese President discuss developments in Lebanon and the region
Le Pen and Melenchon gain momentum ahead of French 2027 election, poll shows
Amir of Qatar arrives in Azerbaijan
Hakan Fidan arrives in Baku - UPDATED
President Ilham Aliyev met with President of Israel
President Ilham Aliyev receives Bahrain’s Foreign Minister
President Ilham Aliyev receives member of Political Bureau of CPC Central Committee
Georgia not invited to EU forum
President of Azerbaijan receives Sri Lankan minister
President Ilham Aliyev met with Vietnamese Vice President
State Migration Service: More than 30 Azerbaijani citizens readmitted from Germany
MP from Pashinyan’s party denied entry to Russia
Shavkat Mirziyoyev arrives in Baku - UPDATED