Kenya Kenya Constitution ReviewConstitution Review

ProcessProcess____________________________________A Church PerspectiveA Church Perspective

IntroductionIntroduction

Over 34 Church Leaders in Over 34 Church Leaders in Kenya have issued a stern Kenya have issued a stern

warning on the Draft warning on the Draft Constitution:Constitution:

Church WarningChurch Warning““If If Kadhis’Kadhis’ Courts are not Courts are not removed from the Draft removed from the Draft

Constitution, we will Constitution, we will mobilize Christians to reject mobilize Christians to reject

the entire draft, however the entire draft, however good it may be”good it may be”

Why has the Church Why has the Church Taken Such a Strong Taken Such a Strong Position on Islamic Position on Islamic

Issues in the Issues in the Constitution?Constitution?

Because of the belief Because of the belief that there is that there is

an Islamic Agenda an Islamic Agenda behind some of the behind some of the

provisionsprovisionsby the Islamic Movementby the Islamic Movement

““An Islamic Movement is an An Islamic Movement is an organized struggle to change the organized struggle to change the existing society into an Islamic existing society into an Islamic

society based on the Quran and the society based on the Quran and the Sunna, and make Islam, which is a Sunna, and make Islam, which is a code for entire life, supreme and code for entire life, supreme and dominant, especially in the socio-dominant, especially in the socio-

political sphere”political sphere”

Khurram Murad - Islamic FoundationKhurram Murad - Islamic Foundation

What is the Agenda of the What is the Agenda of the Islamic Movements in Africa?Islamic Movements in Africa?

According to Prof. Ali Mazrui According to Prof. Ali Mazrui The two major agendas are The two major agendas are revivalism and expansionrevivalism and expansion

Dr Usman Muhammad BugajeDr Usman Muhammad Bugaje

The agenda is elaborated in the The agenda is elaborated in the Abuja DeclarationAbuja Declaration

OrOr““Islam in Africa Conference: Islam in Africa Conference:

Communiqué”Communiqué” issued at the end of the issued at the end of the conference held in Abuja, conference held in Abuja,

Nigeria on 29 November, 1989Nigeria on 29 November, 1989

At this conference, it was At this conference, it was resolved to create an resolved to create an organization to be known as organization to be known as “Islam in Africa Organization”“Islam in Africa Organization” to spearhead a Muslim to spearhead a Muslim initiative to make Africa the initiative to make Africa the first all-Islamic continentfirst all-Islamic continent

www.islaminafrica.orgwww.islaminafrica.org

IAO objectivesIAO objectives

1.1. To eradicate in all its To eradicate in all its forms and ramifications all non-forms and ramifications all non-Muslim religions in member Muslim religions in member nations (such religions shall nations (such religions shall include Christianity, Ahmadiyya include Christianity, Ahmadiyya and other tribal modes of and other tribal modes of worship unacceptable to worship unacceptable to Muslims).Muslims).

2. To ensure the appointment 2. To ensure the appointment of only Muslims into strategic of only Muslims into strategic national and international national and international posts of member nations.posts of member nations.

IAO objectivesIAO objectives

3. To promote the dissemination of the knowledge of sharia and support its application to Muslim communities in Africa.

IAO objectivesIAO objectives

4. To promote the learning of Arabic language throughout Africa.

IAO objectivesIAO objectives

5. To support, enhance and coordinate Da'wah work in all parts of Africa and propagate the knowledge of Islam throughout the continent.

IAO objectivesIAO objectives

Key Person Key Person Behind this Behind this

Organization?Organization?------------

Dr Usman Dr Usman Muhammad Muhammad

BugajeBugajeGeneral SecretaryGeneral Secretary

OIAOIA

What Do all these Have to What Do all these Have to Do With Do With Kadhi’s Kadhi’s Courts in Courts in

the Draft Constitution?the Draft Constitution?

The Genesis of The Genesis of Kadhi’sKadhi’s Courts in Courts in the Constitution of Kenyathe Constitution of Kenya

Two letters between Two letters between Jomo Kenyatta, Jomo Kenyatta,

Prime Minister of Kenya Prime Minister of Kenya and and

M. Shamte, M. Shamte, Prime Minister of Zanzibar, on Prime Minister of Zanzibar, on

5th October, 1963.5th October, 1963.

Kenyatta and Shamte LettersKenyatta and Shamte Letters

In these letters, there were In these letters, there were five undertakings by the five undertakings by the

Government of Kenya, two of Government of Kenya, two of which are relevant to the which are relevant to the

subject mattersubject matter

Kenyatta and Shamte LettersKenyatta and Shamte Letters

Freedom of worship Freedom of worship for Muslims and the for Muslims and the preservation of their preservation of their

religious buildings and religious buildings and institutionsinstitutions

Kenyatta and Shamte LettersKenyatta and Shamte Letters

The jurisdiction of the Chief The jurisdiction of the Chief KadhiKadhi and of all the other and of all the other

KadhisKadhis to be preserved at all to be preserved at all times and to extend to the times and to extend to the

determination of questions of determination of questions of Muslim law relating to Muslim law relating to

personal status / issues.personal status / issues.

Kenyatta and Shamte LettersKenyatta and Shamte Letters

NB:NB:- Letters only referred to the - Letters only referred to the 10-Mile Coastal Strip 10-Mile Coastal Strip

- Letters - Letters nevernever stated that the stated that the Kadhis’Kadhis’ Courts be entrenched in Courts be entrenched in the constitution!!the constitution!!- It was the Cause of serious - It was the Cause of serious disagreement at disagreement at LancasterLancaster

Kenyatta and Shamte LettersKenyatta and Shamte Letters

Why the concerted effort to Why the concerted effort to entrench entrench Kadhis’Kadhis’ Courts Courts in in

the constitution?the constitution?

Big QuestionBig Question

An Islamic Agenda for An Islamic Agenda for Kenya?Kenya?

ShariaSharia Stages Stages • First stage, First stage, Kadhi'sKadhi's courts to courts to

arbitrate on matters of arbitrate on matters of personal personal lawlaw between Muslims (1963) between Muslims (1963)

• Second stage is to extend the Second stage is to extend the jurisdiction to cover jurisdiction to cover civil matters civil matters (2002)(2002)

• Finally, full application of Finally, full application of Sharia Sharia (future?)(future?)

The Nigeria ExampleThe Nigeria Example

Dr Usman Muhammad Bugaje Dr Usman Muhammad Bugaje says:says:

“In Nigeria the movements have “In Nigeria the movements have over the last two decades or so over the last two decades or so

been challenging the secular been challenging the secular status of the country and status of the country and

pressing for the application of pressing for the application of ShariaSharia for the Muslims. for the Muslims.

Dr Usman Muhammad Bugaje:Dr Usman Muhammad Bugaje: “Though they have not as yet “Though they have not as yet secured a total application of the secured a total application of the ShariaSharia, they have , they have extendedextended the the jurisdiction of the jurisdiction of the Sharia Sharia from from the narrow confines of the narrow confines of personal personal law law to cover to cover all civil mattersall civil matters. .

Dr Usman Muhammad Bugaje:Dr Usman Muhammad Bugaje: “But even more important, the “But even more important, the movements have, through the movements have, through the ShariaSharia debate, mobilized an debate, mobilized an increasing number of the Muslim increasing number of the Muslim population for population for future actionfuture action.”.”

If Sharia is to be applied to Muslims, Why Should We

Worry?

Because ultimately, Because ultimately, wherever Islamic law has wherever Islamic law has been applied, it governs been applied, it governs

everybody!everybody!This is very dangerous !This is very dangerous !

Big QuestionBig Question

Could we be laying the Could we be laying the foundation for foundation for

thethe Islamic Republic of KenyaIslamic Republic of Kenya!!!!!!!!

Do you want to be counted Do you want to be counted among those who sold our among those who sold our

birthright to Muslims?birthright to Muslims?

Demographics:Demographics:Islam is growing at an alarming rate in Kenya especially in the slums Islam is growing at an alarming rate in Kenya especially in the slums

where they take advantage of the poor and persuade them to become where they take advantage of the poor and persuade them to become Muslims through their food and medical aid as bait.Muslims through their food and medical aid as bait.

Dear Brethren, let’s take this issue Dear Brethren, let’s take this issue seriously, prayerfully and ensure that seriously, prayerfully and ensure that as many Christians as possible get as many Christians as possible get this information so as to make an this information so as to make an

informed decision. informed decision.

GOD BLESS KENYA !GOD BLESS KENYA !