Female lawyers under the Islamic Women’s Initiative for Justice, Law, and Peace (IWILAP) have run to the Constitutional Court in Kampala to address the urgent need for formalizing Kadhi Courts within Uganda’s legal framework.
The organization, represented by its Executive Director, Mastullah Ashah Mwanga, argue that critical issues arising from the current informal setup of Kadhi Courts, especially concerning gender disparities and the lack of trained personnel in these judicial bodies are affecting formal operations.
In their petition, the observe challenges faced by Muslim women and girls who seek justice within the informal Kadhi Courts. These courts, while established to apply Islamic Family Laws, lack the necessary formalization and regulatory oversight. One significant concern raised by IWILAP is the absence of female representation among the judges in these courts, which leads to gender biases and inequitable judgments, contrary to Islamic principles promoting gender equality.
Mastullah Ashah Mwanga, in her affidavit, articulates the adverse impact of informal Kadhi Courts on Muslim women’s access to justice. She cites instances where women like Nakinaalwe Sofia Ndase have been abandoned by their husbands without legal recourse due to the limitations and biases inherent in the current Kadhi Court system. The absence of a formal legal framework leaves women vulnerable to discriminatory practices and impedes their ability to secure rights and protections, particularly in family and reproductive health matters.
The IWILAP petition argues that formalizing Kadhi Courts through the enactment of the Administration of Muslim Personal Law Bill is imperative to address these issues effectively. The bill seeks to establish a regulated framework for Kadhi Courts, ensuring gender equality, justice, and protection of Muslim women and girls’ rights under Islamic law.
The urgency of this matter is underscored by IWILAP’s Legal Counsel, Faridah Nakitende, who emphasizes the fundamental rights and freedoms at stake for Muslim women and girls. The organization calls for swift action from the judiciary and authorities to prioritize the enactment of the Administration of Muslim Personal Law Bill, emphasizing that Islamic principles inherently support gender equality and justice, which should be reflected in the formalization of Kadhi Courts.
In response to IWILAP’s petition, the Acting Solicitor General acknowledged the progress made by the Ministry of Justice and Constitutional Affairs and Uganda Law Reform Commission in finalizing the law on Kadhi Courts. The proposed law aims to introduce Kadhi Courts to handle specific matters such as marriage, divorce, inheritance, and guardianship, subject to parliamentary approval under Article 129(1) of Uganda’s Constitution.
The IWILAP petition, rooted in constitutional principles of equity and justice, advocates for formalizing Kadhi Courts to align with Islamic values of gender equality and justice. By formalizing these courts, IWILAP aims to mitigate the gender disparities and discriminatory practices prevalent in the informal Kadhi Court system, thereby safeguarding the rights and freedoms of Muslim women and girls in Uganda.
The narrative presented by IWILAP illustrates a critical intersection of legal, cultural, and gender issues within Uganda’s judicial landscape. The petition serves as a call to action for legislative reform to ensure that Islamic Family Laws are applied equitably and justly, particularly concerning matters affecting Muslim women and girls.
The organization’s efforts to drive this reform demonstrate a commitment to upholding constitutional principles and advancing the rights of marginalized communities within Uganda’s diverse societal fabric.
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