NAIROBI, November 20, 2005 (IslamOnline.net) – Majority of Kenyan Muslims are bound to give the thumbs-down to the country's new constitution for fears that the document violates the religious rights of the Muslim minority.

Sheikh Shariff Naban, a member of the Council of Imams and Preachers of Kenya, said calls by Kenyan Muslims to entrench the Shari`ah courts, known as Kadhi courts, have been ignored in the new charter.

"Muslims are afraid that parliament may decide to remove the entire article on religious courts as the article has been left to parliament which is dominated by the Christians," Naban told IslamOnline.net Sunday, November 20.

Muslims, who make up ten percent of Kenya's 30 million population, believe the introduction of Kadhi courts in the new constitution would provide them with a wider space to exercise freedom of worship.

Some 11.6 million Kenyan eligible voters are due to cast ballots on Monday, November 21, to approve or reject the draft constitution, which has deeply divided both Kenyan society and the government.

The main controversy over the charter has to do with the powers of the president.

Critics say that the document ignores the desire of most Kenyans to balance those powers with a strong prime minister's post and other checks.

Muslim scholars from more than 28 Islamic groups described the document as immoral and illegitimate, issuing a fatwa demanding Muslim voters to vote down the charter.

"The constitution has been stolen from the people through intimidation, coercion and bribery," the groups said.

"It’s immoral, illegitimate and unpopular and was crafted to benefit a small sector of society."

The Kenyan Council of Imams of Nairobi also warned that the Muslim minority will live in a state of subjugation if the document is approved in Monday's 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.

However, other Muslim figures called for voting for the new charter, saying that the new document guarantees more religious rights for the Muslim minority.

Sheikh Juma Ngao, chairman of the Supreme Council of Kenya Muslims, Mombasa branch, ruled out that the constitution will expose Muslims to abuse and violation of religious rights.

"I believe none will interfere with the proposed new constitution once Kenyans endorse it," he told IOL.