Charles Ogallo, IOL Correspondent
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 Support
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.