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Tanzanian high court petitioned in challenge to establishment of Sharia court

Oct 19, 2007 12:00 am By Marisol Seibold

“Mtikila stated that the Kadhi Court was an instrument of the Islamic religion in the Holy Q”uran (sic). Its establishment, therefore, should not involve the government and parliament as Tanzania was a [secular] state. ”

Exactly. “Mtikila petitions against Kadhi court,” from Daily News-TSN:

Full Salvation Church’s Rev. Christopher Mtikila has petitioned the High Court in Dar es Salaam challenging the move to establish Kadhi Court for Islamic Sharia law in Tanzania.

A “kadhi,” also spelled qadi, is a judge who rules according to Sharia law.

Rev Mtikila has asked the court to declare unconstitutional the involvement in any way whatsoever of the Ministry of Justice and Constitutional Affairs, Law Reform Commission and the Parliament in issues involving the Kadhi Court.

The High Court, according to the petitioner, should also declare unconstitutional the establishment of the Kadhi Court or separate legal systems for separate or other groups of citizens of the country.

Rev Mtikila, who is also the chairman of the opposition Democratic Party (DP), also said he had decided to seek the court’s intervention so as to protect the constitution and laws of the land against moves seeking to establish the Kadhi Court in extreme violation of the constitution.

The requests comes only a few days after the National Muslim Council of Tanzania (Bakwata) renewed its appeal for the establishment of the Kadhi Court on Tanzania Mainland during the Eid Baraza last Saturday.

Mtikila stated that the Kadhi Court was an instrument of the Islamic religion in the Holy Q”uran [sic – it’s Qur’an]. Its establishment, therefore, should not involve the government and parliament as Tanzania was a [secular] state.

Article 26 (1) of the constitution requires every person, including members of parliament, the president and the judiciary to observe and abide by the constitution, which they swore to defend.

According to the petitioner, establishment of the Kadhi Court, a separate legal system for Muslims in the country, tramples the constitution as opposed to Articles
12 and 3, which promugate human equality before the law.

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