Qadhi Courts debate dominates Parliamentary Iftar

By Bakari Ssettumba

The parliamentary Iftar dinner held on Friday, April 14, at the Parliamentary grounds was marked by strong calls for the enactment of a law to operationalize Kadhi courts in Uganda. The event, which brought together lawmakers, Muslim leaders and the faithful, highlighted the urgent need to formalize the jurisdiction of these courts, which handle matters of Muslim personal law, including marriage, divorce, inheritance, and guardianship.

Hajji Mukasa Sirajeh Katantazi, CEO of the Uganda Muslim Lawyers’ Association (UMLAS), delivered a presentation titled “Towards Operationalizing Qadhi Courts in Uganda: A Legal and Social Perspective,” in which he emphasized that while Article 129(1)(d) of the 1995 Constitution of Uganda (as amended) recognizes Qadhi courts and empowers the judiciary to establish them, Parliament has yet to pass the necessary enabling legislation.

“Qadhi courts continue to operate alongside Uganda’s secular courts without a formal legal framework,” Hajji Katantazi noted. “There is an urgent need to introduce enabling legislation to operationalize the constitutional recognition of Kadhi courts and integrate them effectively into the legal system.”

He also called for public awareness campaigns to educate stakeholders, including imams, magistrates, lawyers, and community leaders, on the role and benefits of Kadhi courts.

The call for action was echoed by Asuman Basalirwa, Member of Parliament for BugiriMunicipality and the Parliamentary Imam, who expressed disappointment over the government’s inaction on the matter. Basalirwa revealed that he had raised the issue with Prime Minister Robinah Nabbanja, who requested a written submission. However, more than a month later, he has yet to receive a response.

“I wish to ask you, Rt. Honourable Speaker, to task the Prime Minister to appear before Parliament and explain to the nation why there are delays in enacting this law,” Basalirwasaid.

In response, Speaker of Parliament Annet Anita Among challenged Basalirwa and the Muslim community to take the lead in pushing for the legislation. She urged Basalirwa to table a private member’s bill, drawing parallels to the passage of the Anti-Homosexuality Act.

“Move Parliament to pass the Kadhi courts law, just as you did for the Anti-Homosexuality Act. Stop lamenting. Remove the Prime Minister from this equation—the burden is now on you,” Speaker Among said.

“We will stand by you and pass the law on Qadhi courts, but we want you, the Muslims, to take the initiative,” she added.

Speaker Among also encouraged Muslims to embrace Islamic banking following Parliament’s recent passing of the enabling law.

The evening also featured spiritual reflections from Sheikhs Buruhan Kitti and Dr. Walugembe Ali, who emphasized the significance of observing the holy month of Ramadhan.

Purchase of a land for a Muslim cemetery

In a gesture of goodwill, Speaker Among fulfilled a pledge made last year by donating UGX 50 million toward the purchase of land for a Muslim cemetery.