Mubaje faces backlash over new term as Mufti

By By Abdul-Wahid Kakande and Issa Kigongo

The Mufti of Uganda Sheikh Shaban Ramadhan Mubaje is facing backlash from a cross section of Muslims over the new five-year term at the helm of Uganda Muslim Supreme Council (UMSC).

On March 12 this year, Mubaje turned 70 and he was expected to vacate office, but he was re-elected by the members of Majilis Ulama (college of eminent sheikhs) for another term of five years which his critics argue is illegal because it is not provided for in the constitution.

Ali Ndawula Ssekyanzi, the former Bamunanika County MP and also a member of the UMSC General Assembly claims that Mubaje’s stay in office after celebrating his 70th birthday violates the Muslimconstitution.

Citing article 5(9) and 29(12) of the UMSC constitution, Ndawula argues that sheikh Mubaje does not qualify for another term having served for over 24 years before the Muslim constitution was amended in 2022.

The new UMSC constitution provides that a mufti shall serve for one term of 10 years and one qualifies to be elected mufti if he is a Sunni aged between 40 years and not exceeding 75 years with a master’s degree in sharia law or its equivalent.

This literally implies that only Sunni Muslims aged 40 to 65 years who possess the requisite academic qualifications are eligible to be elected as the Mufti of Uganda.

Ndawula argues that the college of eminent sheikhs (Majilis al-Ulama) acted illegally when it gave Mubaje and his deputy Sheikh Muhammad Ali Waiswa another term of five years after clocking 70 years saying the same is not provided for under the UMSC constitution.

Sheikh Haruna Rashid Kasangaki, also a member of the UMSC general assembly representing Wakiso Muslim district, equally argues that Mubaje does not qualify for another term under the new constitution.

“We call upon President Yoweri Museveni to intervene in this matter otherwise many Muslims are aggrieved with his stay in office,” Kasangaki said.

Kasangaki also alleges that Sheikh Mubaje lacks a master’s degree in sharia law or its equivalent as provided for under the new UMSC constitution and he is thus not eligible to occupy the office.

Sheikh Abdurrahman Sserunjogi bemoaned what is going on at UMSC imploring the government to intervene before the situation gets out of hand.

On Tuesday, the group petitioned Parliament seeking among others to isolate sheikh Mubaje.

When contacted about the matter, UMSC spokesperson Ashraf Zziwa Muvawala said they are only waiting for the outcome of the court case.

Last week, a group of Muslims dragged Mubaje, his deputy Sheikh Muhammad Ali Waiswa and 42 members of the UMSC management, college of eminent sheikhs and joint session to court seeking a declaration that Mubaje is not eligible for re-election for another term after turning 70 years.

On Wednesday, UMSC lawyers led by Musa Kabega filed their defence to the case with hearing set tostart on Monday (March 24) before High Court Judge Emmanuel Baguma.

In a judicial review application, Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora and Musa Kasakya argue that having served for more than 24 years far beyond the 10 years provided for under the new UMSC constitution, Mubaje is estopped from seeking re-election as per articles 5 and 29(12) of the UMSC constitution.

The four want the court to issue an order prohibiting Mubaje from further serving as the Mufti of Uganda.

The applicants also want the court to issue an order of certiorari quashing the resolutions that had been allegedly made by the UMSC organs extending the term of Mubaje as the Mufti of Uganda for another term of five years.

They are also seeking an order of mandamus directing the college of eminent sheikhs to commence the process for electing and vetting the new Mufti of Uganda as provided for under the new UMSC constitution.

In an affidavit accompanying the application, Kasakya argues that failure by the college of eminent sheikhs to conduct a process of electing new Mufti contravenes the mandatory provisions of the UMSC constitution as amended in 2022 and the basic principles of good governance.

Experts speak out

Ali Kankaka, the ex-Uganda Muslim Lawyers Association (UMLAS) president who was part of the team that spearheaded the amendment of UMSC constitution argues that Mubaje does not qualify for renewal and if so, it would be contrary to the Muslim constitution. 

Kankaka argues that the new UMSC constitution puts a cap on officers of UMSC including the Mufti who have been in service for 10 years and above before the inauguration of the new constitution from being elected upon expiry of their term of office.

Congratulatory messages

Despite the opposition, a number of Muslim legislators congratulated Mubaje upon the extension his term of office.

Lukia Nakadaama Isanga – 3rd Deputy Prime Minister
“I would like to extend my heartfelt congratulations to the Mufti on being appointed for another five years in this esteemed position. We take immense pride in the progress our Muslim community has made under your leadership, including the establishment of universities, radio stations, and television programs, among other achievements.”

Idd Isabirye – MP Bunya County Couth (Deputy Chairperson Muslim Parliamentary Caucus)

“I congratulate the Mufti for his excellent service delivery and the remarkable achievements we have witnessed under his leadership. It is because of these accomplishments that he has been entrusted with another term in office. He has played a vital role in uniting us as an Ummah, and moving forward, his key responsibility remains to strengthen this unity, as Allah commands us to be one.”

Saudah Kawuma Alibaawo, WMP Iganga District (Parliamentary Amiirah)

“I congratulate His Eminence for the achievements we have made during his tenure as the Mufti of Uganda. We sincerely thank him and his team for their dedication and service to the Muslim community. I urge all Muslims to remain united so that we can continue to achieve even greater milestones together”

Who is Mubaje? 

Born in Bungokho in Mbale district, Mubaje has been at the helm of the Muslim body for over 24 years.

He holds a bachelor’s degree in Sharia Law and a master’s degree in religious studies from Makerere University.

Before he was elected the Mufti in December 2000, Mubaje served as the Mbale district Qadhi.