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- Oct 6, 2011
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Dar es Salaam: The mood will be tense, the discussCUS hot as the government tables the Amendment of Miscellaneous Laws that includes the re-establishment of the Kadhi Courts in parliament.
The Christian Council of Tanzania (CCT) openly challenged the government over amending the 1964 Islamic Law (Restatement) Act (Cap 375). "The principal Act is amended in Section 3, by inserting the words "all courts" the words Written Laws including Kadhi's Courts," reads part of the Section 21 of the Miscellineous Amendments Bill.
The council says the 1964 Magistrates Courts Act that repealed the Kadhi Courts aimed to build national unity, eliminate discrimination in the legal system and ensure provision of equal rights for all. The CCT, which consists of bishops from various churches, convened in Dar es Salaam last Tuesday.
According to the CCT, the reasons to abolish the Kadhi courts in 1963 are still valid to date, adding that the proposal to have the Act of the Declaration of Islamic Law amended challenges the government, which does not have a religion.
"The bill proposes the establishment and recognition of Kadhi Courts, using current laws, and such laws do not exist," part of the statement read.
"Therefore, the argument that we should have Kadhi courts recognized is not right."
The bishops further argued that the proposal to empower a minister to come up with regulations for the implementation of decisions, judgments and orders of Kadhi Courts means the government wants to establish such religious courts and put in place procedures for implementation and passing of judgment and orders of the said court.
According to the bishops, with Kadhi courts in place, Christians and non-Christians like Baha'i, Buddha and Hindu traditions and norms would be abolished and replaced by procedures taking into consideration matters benefiting Muslims only.
"The proposed procedures are biased and go against the current Constitution. We are not even sure if a person not satisfied with a judgment by a Kadhi court can appeal such judgment, and if yes, in what court the appeal would be heard," said the bishops in the statement.
CCT said they are also not satisfied with the argument that Kadhi courts will not use public funds because the appointed Minister will use resources from public funds.
The statement said Tanzania is a country which is not affiliated to any particular religion and that issues relating to the running of religious institutions should be outside government business.
"We are therefore surprised and upset by the proposals in the said bill," said the statement.
Source:Pesatimes