MOMBASA,
Kenya, August 27 (IslamOnline.net) – The Muslim minority in Kenya
has vowed to defend the inclusion of Shari'ah Courts, commonly known
as Kadhi courts, in the proposed new constitution, despite a fierce
opposition from the church.
"Muslims
will not bow to pressure from other religions and would defend the
courts to the bitter end," Sheikh Mohamed Dor, the secretary
general of the Council of Imams and Preachers of Kenya, told
IslamOnline.net.
He
told Muslims to stand up for their rights and defend their freedom of
worship as enshrined in the constitution by giving a "Yes"
vote to the new constitution in the forthcoming referendum, slated for
November.
Muslims,
who make up ten percent of Kenya's 30 million population, believe the
entrenchment of Kadhi courts in the new constitution would provide
them with a wider space to exercise freedom of worship.
"Besides
no other court has the right to oversee matters of Islamic faith.
Secular Law can not rule on matters of faith, it has no place in our
way of life," Sheikh Juma Ngao, the chairman of the Supreme
Council of Muslims, told IOL.
Attorney
General Amos Wako on Thursday, August 25, said the proposed charter
provides for Hindu, Christian and other religious courts "to
treat all religions equally."
The
197-page bill was published on Tuesday, August 23, giving the public a
chance to read to ahead of the November referendum.
The
proposed text is the first major overhaul of Kenya's constitution
since the current one was approved after the east African nation won
independence from Britain in 1963.
Presidential
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"We
want every Kenyan to read it in order to make informed decisions
and not be swayed by people who go around spreading
misinformation," Kibaki said.
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Religious
observers told IOL they were sure that with a wider support from the
government, especially President Mwai Kibaki and Vice President Moody
Awori, the Muslims are at a safer side to win the vote.
Hussein
Ali, a human right activist in Mombasa, said the president’s efforts
to drum up support for the constitution will soon receive backing from
many Kenyans, both Christians and Muslims.
He
believes Kibaki will garner strong support from his tribe Kikuyus,
which commands a majority in the country and is sympathetic with his
government.
The
president and his deputy have appealed to Kenyans to approach the
referendum with sobriety and avoid self-seekers who may try to confuse
them.
"We
want every Kenyan to read it in order to make informed decisions and
not be swayed by people who go around spreading misinformation even
before they have seen the document," Kibaki said Thursday in
Mombasa.
"Personally,
I am encouraged that at last Kenyans will soon have an opportunity to
vote on the new constitution through a referendum," he added.
Speaking
separately to reporters in his home province, Awori dismissed
statements that the provision of the Kadhis Court amounted to an
introduction of Shari'ah law in the country.
Church
Opposition
Tensions
started building up in Kenya as early as 2003 over the entrenchment of
Shari'ah Courts in the draft constitution.
The
text has drawn stiff opposition from the country's Christian majority,
with churches and Christian organizations arguing it would give Islam
wider supremacy over other religions in the country.
On
Thursday, the powerful Federation of Churches in Kenya, which
represents 41 Christian congregations across the country, called for a
"no" vote when the text is put to the electorate at as-yet
unscheduled date in November.
"Unfortunately,
we are greatly concerned that in the new draft bill several issues
have not been given due diligence," it said in a statement.
"Since
these issues are not resolved in the proposed constitution, we have no
alternative but to rally Kenyans in general and Christians in
particular to vote 'no' in the forthcoming referendum."
The
federation said the draft's provision for Muslims to submit themselves
to Islamic courts in personal and family matters was "tantamount
to introducing Shari'ah law ... into the constitution."
Noting
that the constitution declares church and state to be separate in
Kenya, it argued that allowing religious courts of any kind to wield
judicial power over personal and family matters amounted to illegal
unequal treatment for citizens.
The
Hindu Council of Kenya also predicted it would be difficult to push
for a "Yes" vote and called for prayers for the process.