KAMPALA-His Eminence Sheikh Shaban Ramadhan Mubaje, the Mufti of Uganda, has called upon the government to operationalize the Kadhi Courts as outlined in the Constitution of Uganda.
This plea was articulated during a presentation delivered on behalf of the Mufti by Honorable Counsel Haj Muhammad Ali Aluma, Deputy Secretary General in charge of Finance & Administration, at the two-day Chief Justices of Africa Summit held under the theme “Alternative Dispute Resolution” at Mestil Hotel in Kampala on March 5th – 6th, 2024.
Honorable Aluma conveyed the Council’s stance regarding the Kadhi Courts during the initial session, emphasizing that Article 129 1(d) of the Constitution establishes the Kadhi Courts to align with Islamic principles on matters such as marriage, divorce, inheritance of property, and guardianship. However, he lamented the absence of enabling legislation to operationalize these courts.
Counsel Aluma also proposed that, in light of the summit’s theme, Kadhi Courts should be embraced as a channel for alternative dispute resolution. This suggestion garnered support from Her Lordship Justice Irene Mulyagonja of the Court of Appeal, who referenced the Mufti’s representation of faith groups during the opening session.
She underscored the importance of African authorities adopting sections of religious laws based on Islam and Christianity to enhance alternative dispute resolution mechanisms. This proposition received unanimous endorsement and was included in the final communique issued at the conclusion of the Summit.
