The Citizen (Dar es Salaam)
Beatus Kagashe
3 July 2009
Dar es Salaam — Tanzania Muslims Council of Tanzania (Bakwata) has rejected the Government plan to incorporate Islamic principles into the country's laws instead of letting Muslim's to set up Kadhi's courts.
Speaking at a press conference yesterday, the Tanzanian Mufti, Sheikh Issa Shaaban Simba, accused the Government of having a soft spot for Christians. He cautioned that the Government's behaviour might cost the ruling CCM dearly.
"If the decision to introduce Kadhi's courts is scraped altogether, Muslims won't vote for Chama Cha Mapinduzi in the forthcoming General Election," he said, adding:
"Muslims are not treated fairly in this country: why should we keep on demanding what is our right for over 20 years and still, there is no indication that the Government listening?"queried Mufti Simba.
He called on district, regional and all the sheikhs to speak against the government's position on the issue of the Kadhi's courts.
"Muslims have been tolerant and waited for so long to be granted their right to form the Kadhi's courts, but it seems the Government is not ready for it; it should be remembered that we can use other means to achieve our goal but that option is not good," added Mr Simba without elaborating what those other means could be.
The Mufti's remarks were in response to comments made by Constitutional Affairs and Justice Minister Mathias Chikawe, who said when tabling his budget on Wednesday that the Government aims at incorporating Muslim principles in country's mainstream laws as an alternative to establishing Kadhi's courts.
The Mufti called the minister to withdraw his statement and tell the nation that Muslims were not approached by the committee that was formed to collect views from Tanzanians on the establishment of Kadhi's courts.
"It's very disappointing and sad that they announce the decisions first and them seek our audience, " he remarked, adding: "For what purpose are they coming back to us now?"
But CCM secretary general Yusuf Makamba defended his party, saying there is nowhere in the election manifesto that the party promised to grant Kadhi's courts to the Tanzanian Muslims.
"Please read careful our manifesto: we promised to work on the establishment of the Kadhi's courts, something which the Government is doing now," said Mr Makamba we reached him for comment.
He called on the Muslims to give the Government time to work on the matter as nothing works appropriately overnight.
"The almighty God loves patient people, we are working on the matter and I call upon Muslims to remain calm while the committee which was formed on the same is doing its job," added Mr Makamba.
However, the committee, which was under the Law Reform Commission, has reportedly accomplished its task and handed in a report, which, however, has not been made public.
A similar defence of the Government stand was aired in Parliament yesterday by the Speaker, Mr Samwel Sitta, who said CCM never promised through its manifesto that it would establish Kadhi's courts.
He made the remarks after Chambani MP Salim Hemed Khamis tasked the Prime Minister, Mizengo Pinda, to explain why the Government has been sluggish in executing the plan to establish the courts.
Mr Pinda has earlier said that the Government was handling the issue of Kadhi courts cautiously since it touches people's religious beliefs.
"The issue that touches religious faith cannot have a simple solution as some people would like us to believe; it's a complex matter," the PM explained.
"It might be that some people don't like what we are doing but that is the fact," he noted, adding that the ministry of Constitutional Affairs and Justice was exploring how other countries have been doing with regard to the matter of Kadhi's courts.
But yesterday, Mufti Simba dismissed the Government's idea of looking at the South African model, asking why the Government didn't look at countries that are closer home such as Kenya and Uganda which have been having Kadhi's courts for many years.
This is the first major proclamation by Mufti Simba, who for a long time has been out of office while undergoing treatment locally and abroad, entrusting most of the day-to-day matters of Bakwata to Sheikh Suleiman Gorogosi. Sheikh Gorigosi died in a road accident in Lindi last Saturday.
"Is this country governed by Christians? Why are they treating Muslims as second class citizen of this country?" asked Mufti Simba, reminding the Government that "this country is for all citizens; Christians, Muslims and even pagans and all should be treated equally."
He noted that many committees have been formed to deal with the Kadhi courts issue but what they have usually come up with are opinions of non-Muslims.
He said Tanzanian Muslims want the Kadhi courts to be established in the same manner the country has set up Land, Labour and Trade division courts that are operating properly.
"We want the Kadhi courts to solve our marriage and inheritance disputes that are usually very badly handled; other matters like criminal cases can be left to the mainstream judicial system," he said.
Airing his support, the Temeke district Sheikh, Mr Salum Saidi, said Muslims would fight to the bitter end to ensure they get what is rightly theirs.
"On this matter, all Muslims are united and our differences are left aside until we are allowed to set up the Kadhi's courts," he said.
Sheikh Issa Ausi, who serves as Bakwata secretary in Ilala district warned that anything might happen because Muslims patience over the issues has been pushed to the very limit.
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