It is also reported that factions of Muslims also oppose appointment of Kadhis (judges) by the Mufti alleging he will serve as a government puppet.
According to the Miscellaneous (Amendments) Bill, 2014 for legalisation of Kadhi Courts, the Mufti shall make rules of the court and set procedures and practices to govern the Kadhi Courts. It also gives powers to the Minister for Justice and Constitutional Affairs to make rules providing for enforcement of decisions, rulings and orders of Kadhi Courts.
The amendment states that the court shall be self financed and parties shall submit cases and matters for determination by the Kadhi Courts on voluntary bases.Reacting to the bill, Singida East MP, Tundu Lissu argued that the government has already made commitments to finance the construction of the courts countrywide.
He went on to argue that it is unfair for the amendments to be brought in the House under the Miscellaneous amendments.
According to Ngara MP Deogratius Ntukamazina (CCM); “Bishops advised us that we should honour the advice by the founders of this nation, who advocated for a secular state.
Seconding the view, Rukia Kassim Special Seats (CUF) said giving such powers to the Mufti is against the constitution.
She cited article 70 of the Constitution and queried as to why ‘so much power is given to the Mufti yet he belongs to the Muslim Council of Tanzania which is an independent institution registered by RITA.’
“The Prime minister knows this matter very well and he formed a five-member Committee to work on the matter…we will not accept this bill because the Premier has been a source of this problem,” she argued.
Kasulu Urban MP, Moses Machali said the establishment of Kadhi’s Court contradicts article 19 of the constitution.
“If this matter will be tabled in parliament, we will fuel other groups to bring their proposals to have courts of their own religions established,’’ he said.
Richard Ndasa (Sumve-CCM) said that it is high time for the government to modify the proposed bill for amendments before being tabled in the National Assembly taking into consideration various views raised by stakeholders.
“We need to respect the founders of the nation who pushed for a secular state...I suggest the bill be sent back for further modification,’’ he urged.
Nyambari Nyangwine (Tarime-CCM) said twelve institutions disputed the establishment of the Kadhi Courts. According to him, the Muslim council (Bakwata) wants the government to fund the Kadhi Courts and Christians want the ongoing wrangles between Muslims be settled first.
“We need to let wisdom prevail, so that we shelve the bill until enough research is done and people are well informed on the matter ,’’ he insisted.
Rombo MP, Joseph Selasini, accused the government of trying to seek votes from Muslims as the General Election approaches.
Gando MP Khalifa Suleiman Khalifa (CUF) said the government did not do enough research before bringing the law before Parliament .
“What they are doing is totally hypocrisy to get votes from citizenry,” he alleged.
“Shelve this matter, go back and bring the Kadhi’s Court bill after enough preparation is done because this bill is half baked,’’ he said.
Mary Mwanjelwa (Special Seats-CCM) said she had received many messages from clerics that cautioning her that the matter is dangerous and will surely divide the nation if approved.
“If we are not careful, this matter will bring this country into turmoil and the country will be divided to pieces,” she warned.
Responding to the MPs concerns, Prime Minister Mizengo Pinda said the government is aware that Muslims are divided on the matter.
“We are still doing all we can to ensure that they resolve their differences amicably,” he reassured the MPs.
“What we are doing now is implementation of our agreement that was reached after consultations in the Constituent Assembly on the establishment of the Kadhi’s Court,’’ he added.
He also reassured the MPs that the government will consider the MPs contributions and those from other stakeholders after which, consultations will again be made.
On Saturday, President Jakaya Kikwete ruled out the establishment of the Kadhi Court within the framework of the Judiciary, stating candidly that the matter be solely in the hands of muslims.
In a special gathering with city priests of the Peace Committee of Religious Organisations, the President said that even if the Kadhi Court is introduced it will be only under Muslim clerics and believers.
He said that the government will not be subjected to run the courts, and instead all issues related to the establishment of the court will be the responsibility of Muslims.
“The government stand is that we will not introduce the Kadhi Court,” the President said.
“However, Muslims are not restricted as to how to handle the matter and they can introduce the courts under their own leadership and not the government,” he said urging that the courts be religious tribunals governed by faith edicts, not the law.
Addressing the August House last year in the nation’s capital Dodoma, Prime Minister Mizengo Pinda said the government was reviewing at least two laws in efforts to develop a Bill that will legalise operation of Kadhi Courts and be tabled by January this year.
Pinda’s reassurance to the country’s Muslim community followed raised concerns by Muslim Constituent Assembly (CA) members who expressed their disappointment over the Final Draft Constitution’s omission of the power of Kadhi Courts.
SOURCE: THE GUARDIAN
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