Thu 04 November 2021:
Muslim leaders have resurrected the quest for a legal instrument that will deal with Marriage, Divorce and inheritance of Property in the Islamic context.
Leaders urged lawmakers Wednesday to establish laws that conform with Islamic principles.
The call was made by the leadership of the Uganda Muslim Supreme Council while meeting MPs on the Legal and Parliamentary Affairs Committee on Tuesday, to present their views on the 2021 succession amendment bill.
Those in attendance included Muhammad Ali Waiswa the 2nd Deputy Mufti, Ali Kankaka the President of the Uganda Muslim Lawyers Association (UMLA) and Skh. Radhiyyah Namakula the Secretary for Women and Youth Affairs among many others.
“The bill under scrutiny does not respect the laws of succession in the holy book, the Quran, which are followed by Muslims,” said Uganda’s second Deputy Mufti Sheikh Mohamed Ali Waiswa.
Waiswa said Muslims in Uganda have been all along following the laws of succession in the Quran and the holy teachings of Prophet Muhammad.
“Muslims have been having no problems with sharing the property of the deceased because they have been following the Quranic laws concerning succession,’’ he noted.
The leaders pointed out provisions in the Succession Amendment Act that was passed on April, 30 this year, which they said went against Islamic teachings.
“One obvious way out of the present situation is to push for the enactment of the Administration of Muslim Personal Law Bill that will cater for the establishment of Qadhis courts that cater for Muslim marriages, divorce, inheritance and guardianship,” the group said in a joint statement.
Ali Kankaka the President of the Uganda Muslim Lawyers Association (UMLAS) addressing legislators on Tuesday. Photo: chimpreports
Addressing legislators on Tuesday. Ali Kankaka the President of the Uganda Muslim Lawyers Association (UMLAS) explained that they don’t seek to abolish or override existing legal instruments but aid their smooth application.
“If the law applicable to it is Islamic Law of Inheritance, the High Court will hear the matter but will apply the Islamic Law of inheritance. Just as we go for divorce under the Mohammedan Law,” Kankaka elaborated.
Waiswa said they are pushing for the enactment of the Administration of Muslim Personal Law Bill, which will cater for the establishment of Qadhis courts that cater for Muslim marriages, divorce, inheritance and guardianship.
He said the committee should push for the establishment of Sharia courts in Uganda as is the case in neighboring countries like Kenya so that all Muslims who become embroiled in misunderstandings can go to those courts to settle them instead of the circuit courts.
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