KAMPALA – The Islamic Women’s Initiative for Justice Law and Peace (IWILAP) together with Mwanga Mastullah Ashah on Tuesday filed a Constitutional petition seeking to address the critical need for the implementation of formalized Qadhis’ courts as mandated under Article 129 (1)(d) of the Constitution of the Republic of Uganda.
It should be remembered that in the absence of formalized Qadhis’ courts, the Uganda Muslim Supreme Council leadership, established informal Qadhis’ courts to enforce Islamic Family Laws. These are presided over by Imams and religious leaders who have no basic training in justice and adjudication of matters, counseling, mediation, gender responsiveness, and dispute resolution.
In this petition, IWILAP and Mwanga Mastullah Ashah contend that the delay in enacting the Administration of Muslim Personal Law Bill poses serious implications for Muslim women in Uganda.
“Presently, informal Qadhis courts operate without proper regulation or legal framework. These courts lack oversight and accountability, leading to issues of gender discrimination, biased judgments, and limited access to justice, particularly for women who are the majority litigants,” said Fatinah Nakitende of IWILAP.
“We strongly believe that all affairs of the country should be anchored on constitutionalism without which there cannot be equity and justice. With legal aid extended to communities, IWILAP has encountered various Muslim women and girls who have experienced numerous challenges from the informal Qadhis’ courts. The perpetrators have continued to find no reason to have hearings from these courts due to their informal nature. This is contrary to Surah An-Nisa (Chapter 4), particularly verses 58-59: “.. when you judge between people, judge with justice…”
The Constitution of the Republic of Uganda in article 33. (1) states that women shall be accorded full and equal dignity of the person with men. (2) The State shall provide the facilities and opportunities necessary to enhance the welfare of women to enable them to realize their full potential and advancement.
According to Nakitende, several Muslim women have not been in a position to benefit from the intention of this article and thus failed to access justice, particularly Sexual Reproductive Health & Rights which are considered sensitive by the informal Qadhi courts.
“IWILAP condemns the misuse and misinterpretation of Islamic laws in these informal courts, which often result in unfair decisions that do not align with fundamental human rights principles. The absence of female representation as judges further exacerbates the gender disparities in the adjudication of family matters. It should be universally agreed that Islamic law provides and promotes gender equality that should be reflected in setting up and use of Qadhis’ Courts.”
With a focus on promoting justice and equality within Muslim family law, IWILAP initiated the petition to compel the State to expedite the enactment of the Administration of Muslim Personal Law Bill – noting that the establishment of formal Qadhis’ courts is crucial in upholding gender equality, promoting justice, and protecting the rights of Muslim women and girls.
She noted that IWILAP aims to secure a court order directing the Executive and Parliament to enact the necessary legislation to formalize Qadhis’ courts within a reasonable timeframe – essential in safeguarding the rights and interests of the Muslim community in Uganda.
“IWILAP remains committed to providing legal aid and advocacy services to promote family law justice within the Muslim community. We are passionate about fighting for justice for Muslim women and girls. Muslim family laws within a framework of justice and equality are necessary and possible in the proposed Qadhis’ courts because equality and justice are core Islamic principles.”
