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Kadhi Courts
jaheim
#61 Posted : Wednesday, November 11, 2009 3:38:00 PM
Rank: Member


Joined: 10/11/2008
Posts: 134
Well,chances of a muslim appealing a rulling by kadhi on inheritance,divorce or marriage to the high court a very remote. 0.00001% that i can tell you. With all the noise we are making but as it is i dont see anything wrong with muslims having the kadhi's court and getting rid of them is not as simple as you guys reckon. Chances are 99.9% the kadhi's court will be in the constitution mark my words,lets wait and see

Life is like an onion; you peel off one layer at a time and sometimes you weep. Carl Sandburg
tony stark
#62 Posted : Wednesday, November 11, 2009 3:41:00 PM
Rank: Veteran


Joined: 7/8/2008
Posts: 947
@ mcreggae. That is why they want it in the constitution so that in matters of inheritance,divorce etc etc there word can be supreme. Yes they can address the issues in a higher court but the higher court looks at other non islamic laws,not the islamic laws,that might have been broken in passing of the judgement by the kadhis court.
Let me try and summarize why people are against the kadhis court in the constitution
1. Tax.. I doubt the court uses alot of money
2. Kenya is not a secular state. The laws in kenya are judaic belief based and that is where they get moral authority from. Judaism is where christianity branched from,they are asking very little.
3. The courts will recruit kenyas into islam. The courts only address muslim to muslim relationships. If one of the party is not muslim then it doesnt fall under the court. If margaret wanjiru doesnt want you the muslims probably dont want you to ... you can try buddhist.
4. Margaret 'i want the money' wanjiru told me ..... Have some sense use your brain.
5. If kadhis court are included include njuri njekes. That is 5 year old mentality. Mbona haukusema hivyo when views were being taken. Is that a reason to waste the billions already spent on developing this constitution. If you feel strongly ask your MP to introduce a bill in parliament.

SK A.L.U.M.N.I (Alcoholic Liason and Undergarments Manager of Nakedness Internationally)
B.Timer
#63 Posted : Thursday, November 12, 2009 5:59:00 AM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076
Let Muslims have their Kadhis courts,but if they must be anchored in a legislation,let it be so done,under an act of parliament.

The Constitution is not for advancing bipartsan interests,especially in an area where 'competition' is as cut throat as we see in religion.

Remember in law perception does count.

I find Muslims assertion that if the courts are only legislated on by an act of Parliament,then they run the risk of being easily repealed,- not only contemptous but also unconvincing.

So why do we have so many laws legislated by an act of parliament if it is as feeble as they make it sound.

Let us not encourage religious interference in matters of state. Seperate the two as much as possible.

One way of doing this is ensuring that they ALL operate from out there,away from the formal state apparatus.

Let us learn from history,as well as some not so historical events in other parts of the world.

No religion should be allowed to armtwist everybody else into submitting to their whims.

Did I note some threatening 'problems' if the courts are not put in the constitution.

Why do I get a deja vu feeling.



B.timer
Dunia ni msongamano..
mtaalam
#64 Posted : Thursday, November 12, 2009 7:17:00 AM
Rank: Member


Joined: 11/2/2006
Posts: 519
I totally agree with you B. Timer.
There is misconception that Muslims are a minority. They are 10% of the population and they include all ethnics. I wonder what the Hindus and Budhists become if 10% is minority.
I believe the constitution should capture the wishes of the majority and that's the reason it's subjected to a referendum.

Bright and interesting people talk about ideas.
Those of average intelligence talk about things.
Stupid people talk about other people.
adept
#65 Posted : Thursday, November 12, 2009 7:33:00 AM
Rank: Member


Joined: 12/8/2008
Posts: 359
Spanner in the works here. I would like to question a couple of cliches so here goes:

1. What do we mean when we say the current or new constitution is based on Judaic principles?2. Can we say that the term 'secular constitution' is an oxymoron because any constitution is actually founded on a certain religion? Isn't it inevitable that whatever laws are established,they will have some overlap with the tenets of certain religions? 3. What then would qualify as a completely secular constitution i.e. is not founded on Judaic,Christian,Muslim,Buddhist,animist etc beliefs?4. Are there a set of universally acceptable principles of governance that hold true regardless of one's beliefs that can be used as the building blocks of a secular constitution?

5. Can the Indian and Japanese constitutions be viewed as Judaic?

These are honest questions please so I would appreciate an unemotional response. I am looking at expanding my knowledge and I am not necessarily against the Kadhi courts in the constitution.
B.Timer
#66 Posted : Thursday, November 12, 2009 9:16:00 AM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076
I am not qualified to answer the questions raised by @Adept,so I do not even wish to attempt.

However if in my contribution here he feels that any of them is adequately addressed by default so be it.



The constitution we are wriiting is not handed from anybody,but rather what we agree upon as a people.

Yash Pal and his committe went round to ask us of our wishes on various matters,which we gave. It is from that work that the constitution heavily borrows. If there was a Kenyan Judas,then his views are therein,as well. Any other Judas from far off places is not likely to have met Yash Pal,so his views couldnt be taken into account.

The only laws that could be borrowed from elsewhere,and do not form part of the constitution (infact I hazard they come third in the order of application priority) are statutes such as The British common laws.





B.timer
Dunia ni msongamano..
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