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Kadhi Courts
mali ya nguvu
#21 Posted : Wednesday, October 28, 2009 2:13:00 PM
Rank: Member

Joined: 1/7/2009
Posts: 115
@ Litoro

they have been created by an Act of Parliament which is superseded by constitution

Why cant they remain where they are?why do the muslims insist they should be in the constitution?Are they effective in their current setting?

Peace to all men of Goodwill
mtaalam
#22 Posted : Wednesday, October 28, 2009 2:15:00 PM
Rank: Member

Joined: 11/2/2006
Posts: 519
@Bashka

All I'm saying is when you put it in the document that's supposed to govern me then it starts to affect me. Knowing it's there becomes (for lack of a better phrase) a distant thorn.

Have you ever applied for a loan from a bank and you see a clause that you are not comfortable with and when you enquire further you are told by everyone to just sign on the dotted line because you'll find it in all banks anyway? That's how I feel.

Bright and interesting people talk about ideas. Those of average intelligence talk about things. Stupid people talk about other people.
Litoro
#23 Posted : Wednesday, October 28, 2009 2:22:00 PM
Rank: Member

Joined: 8/4/2008
Posts: 48
Okay if they are in an act of paliament and nobody has complained 4 all these years,then wacha zikae hiko huko unless muslims can prove that under the current arrangement,their rights have been grossly violated and can only be safeguaded if entrenced in the new katiba. otherwise wawache DOMO!
kingfisher
#24 Posted : Wednesday, October 28, 2009 3:14:00 PM
Rank: Elder

Joined: 4/9/2008
Posts: 2,824
Question

Is Kenya a secular state?

If the answer to the above question is yes then there is no debate......Kadhi courts or any other religion based law should never appear in our supreme constitution for that meaning will be lost.

If the answer is anything else but yes then we can discuss if or if not

my two cents.

If you have money that you expect to start using in five years,it now belongs in stocks.
When I have money, I get rid of it quickly, lest it find a way into my heart.
Waria
#25 Posted : Wednesday, October 28, 2009 4:01:00 PM
Rank: Member

Joined: 10/11/2007
Posts: 213
Kadhis courts are indeed in the current constitution. So by voting NO to the new constitution will not change anything.
they have been there since independence. The history is long and may be historians like @TRScan help.....before the mzungu came,coast was part of the zanzibzri sultanate. The christian missionaries 'convinced'(for lack of a better word) the inland natives to leave their traditions and worship their God. Unfortunately the coastal muslims were not easily 'convinced' and remained muslim to date. To protect their rights since they were the minority,it was entrenched in the constitution which requires 2/3 majority to change unlike an act of parliament which even MK regularly ignores



In any society the treatment given to the minority is a barometer of its justness.

Me first,U next
mkenyan
#26 Posted : Wednesday, October 28, 2009 4:22:00 PM
Rank: Veteran

Joined: 4/1/2009
Posts: 1,885
mcreggae and co.,it might actually be a good idea to read the constitution before proclaiming unequivocally that the kadhi's court is not in the constitution. in this day and age when you can easily google the kenyan constitution to do so is either downright lazy or dishonest.

section 66 of the constitution (chapter iv part 2) provides that:

'(1) There shall be a Chief Kadhi and such number,not being less than three,of other Kadhis as may be prescribed by or under an Act of Parliament.

'(2) A person shall not be qualified to be appointed to hold or act in the office of Kadhi unless -

'(a) he professes the Muslim religion; and

'(b) he possesses such knowledge of the Muslim law applicable to any sect or sects of Muslims as qualifies him,in the opinion of the Judicial Service Commission,to hold a Kadhi's court.

'(3) Without prejudice to section 65 (1),there shall be such subordinate courts held by Kadhis as Parliament may establish and each Kadhi's court shall,subject to this Constitution,have such jurisdiction and powers as may be conferred on it by any law.

'(4) The Chief Kadhi and the other Kadhis,or the Chief Kadhi and such of the other Kadhis (not being less than three in number) as may be prescribed by or under an Act of Parliament,shall each be empowered to hold a Kadhi's court having jurisdiction within the former Protectorate or within such part of the former Protectorate as may be so prescribed:

'Provided that no part of the former Protectorate shall be outside the jurisdiction of some Kadhi's court.

'(5) The jurisdiction of a Kadhi's court shall extend to the determination of questions of Muslim law relating to personal status,marriage,divorce or inheritance in proceedings in which all the parties profess the Muslim religion.'

ps: litoro - you blow hot and cold.
flipthecoin
#27 Posted : Wednesday, October 28, 2009 5:24:00 PM
Rank: Member

Joined: 7/3/2007
Posts: 20
These should be removed in toto from the constitution.there is an ulterior course being fronted by the muslim - to islamise not only kenya and africa but the world.if what al shabab stand for is a glimpse of what sharia is all about,even the slightest reference or sembrance of sharia should not be tolerated.all it will take is have many people being won over to islam and have them clamouring for enhancement of their rights as would have been entrenched in the constitution.letz reject this agenda! we can deal with a religiously neutral constitution but not one that pedestals one religion over others.

Everyone should be heard and respected!
mkenyan
#28 Posted : Wednesday, October 28, 2009 7:35:00 PM
Rank: Veteran

Joined: 4/1/2009
Posts: 1,885
flipthecoin,your post is so idiotic it deifies belief. i wanted to state that with all due respect but you obviously deserve none. the word bigot actually comes to mind on reading your post.
Sigiriri
#29 Posted : Thursday, October 29, 2009 5:18:00 AM
Rank: Member

Joined: 6/26/2008
Posts: 319
I agree with @kingfisher,Kenya's draft constitution does not lean toward any religion. It remains clearly a secular state. Now,80% christians and still a secular state....now a minority is what muslims us to believe they are and therefore we ought to protect their 'rights'

Secular is and must remain secular throughout!!

Kadhi courts can be in an act of Parliament and believe me,no one is interested in denying anyone their rights,but religion and state MUST remain seperate. In islam countries they entrench it because islam is indeed the way of governing. In our secular state,there is no room for constitutional 'segregation'

Just what I think.


Baraka za Mungu ni za Ajabu
masukuma
#30 Posted : Thursday, October 29, 2009 5:50:00 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
who pays the chief Kadhi? if its from my taxes....NO!!!
All Mushrooms are edible! Some Mushroom are only edible ONCE!
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