The argument of the reigious right in Kenya are as absurd as they are wrong. I do believe that the church and state should be separate, but we should also realise that the minority voice in this country are bound to be marginalised if a weighted importance isn't given to them in this majority-Christian nation.
The argument that the Kadhi's Courts shouldn't be incorporated in the Constition is wrong. As a minority, the Mohammedans haven't been incorporated in the mainstream. Their ghettoisation continues, 42 years after uhuru. To argue that they are a part of the mainstream comes as an insult.
It is equally true that the Islamic faith is substantially different to the other faiths worldwide. That some of their practices are retrograde is of little cosequence because in Kenya the law disallows coercion in professing any faith. Therefore, people are free to choose whether or not they wish to be Moslems or not. Ergo, the creation and incorporation of the Kadhi's Courts to deal with limited facets of Islamic personal law is in line with protecting the rights of minorities in Kenya.
The church has taken upon itself to fight the Muslims, because that is exacly what they are doing today. Perhaps they do not realise that the sharia to applied in the Kadhi's courts will not infringe upon criminal or civil law, but will deal only with the area of family law relating to marriage, divorce, succession, adoption, guardianship, and wakf (charity). Sharia will not deal with criminal law, law of contract, civil law, matters of state, and other maters that the general sharia deals with. Sharia alone will not be able to amend the constitution, overrule the Court of Appeal, ignore res gestae and res judicata, or the rule of precedent. Sharia will be subordinate to the constitution. The elements of sharia to be applied only recognise the unique nature of Islam in Kenya today and seeks to protect and preserve the minority from majoritarian totalitarianism.
The argument that the Kadhi's Courts shouldn't be incorporated in the Constition is wrong. As a minority, the Mohammedans haven't been incorporated in the mainstream. Their ghettoisation continues, 42 years after uhuru. To argue that they are a part of the mainstream comes as an insult.
It is equally true that the Islamic faith is substantially different to the other faiths worldwide. That some of their practices are retrograde is of little cosequence because in Kenya the law disallows coercion in professing any faith. Therefore, people are free to choose whether or not they wish to be Moslems or not. Ergo, the creation and incorporation of the Kadhi's Courts to deal with limited facets of Islamic personal law is in line with protecting the rights of minorities in Kenya.
The church has taken upon itself to fight the Muslims, because that is exacly what they are doing today. Perhaps they do not realise that the sharia to applied in the Kadhi's courts will not infringe upon criminal or civil law, but will deal only with the area of family law relating to marriage, divorce, succession, adoption, guardianship, and wakf (charity). Sharia will not deal with criminal law, law of contract, civil law, matters of state, and other maters that the general sharia deals with. Sharia alone will not be able to amend the constitution, overrule the Court of Appeal, ignore res gestae and res judicata, or the rule of precedent. Sharia will be subordinate to the constitution. The elements of sharia to be applied only recognise the unique nature of Islam in Kenya today and seeks to protect and preserve the minority from majoritarian totalitarianism.
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