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Constitution Review; Secular vs religious state
mkristo
#1 Posted : Tuesday, June 23, 2009 4:50:00 AM
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Joined: 9/7/2007
Posts: 168
Location: Nairobi
I heard Mutula Kilonzo saying that the inclusion of Kadhi Courts in the Kenya Constitution is not a contentious issue.
In that case,let us also have the Bible,Hindu's Holy Book (whatever they call it) and all other religious laws including those of Mwene Nyaga Worshippers,currently being referred to as Mungiki; in the Constitution.
Why should Muslims be given preferential treatment over other Religions? Is their law supreme to the law of other religions and that of the land or what is the matter here?
Which makes me wonder,should we not have a secular state that recognizes the diversity of religious backgrounds and respects the freedom of worship? What is your view?

the voice of reason
Bashka
#2 Posted : Tuesday, June 23, 2009 5:38:00 AM
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Joined: 7/31/2008
Posts: 116
@Mkristo,did you hear well what the Minister said. Kadhi's court was already in the old constitution. It is not new thing that is why it is not contentious.
mkristo
#3 Posted : Tuesday, June 23, 2009 5:44:00 AM
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Joined: 9/7/2007
Posts: 168
Location: Nairobi
@ Bashka,

With all due respect; what then is the purpose of Constitution review? Could you explain that? If we feel that the inclusion of Khahdi Courts was a mistake in the first place,why should it not be corrected now? Why cover it up with 'It is not contentious cos its been there from kitambo'? I would say,if that is how it is,then,AWAY with the whole review process. Come referendum and we shall vote it out.

the voice of reason
mukiha
#4 Posted : Tuesday, June 23, 2009 6:16:00 AM
Rank: Elder


Joined: 6/27/2008
Posts: 4,114
mkristo:

Few points to note:


The constitution review team asked Kenyans to send in views on issues they consider contentious regarding the drafts that had been published in the last process.
Nobody listed the Kadhi Court as a contentious issue! Please let us know if you sent in your views on this matter. If you didn't,then don't complain now!!
The matter of religious courts was properly handled in the Bomas draft and contentious clauses (as ably voiced by Bishop Margaret Wanjiru) were rectified.
Unlike other religions,Islam has a very elaborate court system documented in their religious code. The Christians,for example,do not have one!!


Behind the gardens...Behind the wall...Under the tree (Including: Red...Dark Blue...Yellow)
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
kizee
#5 Posted : Tuesday, June 23, 2009 6:26:00 AM
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Joined: 1/9/2008
Posts: 537
@mkristo

the issue of kadhi courts has been misunderstood,the courts are already included in the constitution and the law thereupon applies only to two persons who profess the muslim faith...in matters of marriage,inheritance etc...the laws of the country also have aspects of hindu law as pertains to acts such as the leasing and hire purchase act....please note that the current laws which govern our land are based on cannon law...cannon law was postulated by one saint francis of assisi and is mainly based on the teachings of the catholic church at the time....the issue of seperation of church/mosque and state can never be acheived 100 percent...even in the national anthem and the loyalty pledge there are aspects that require one to pledge loyalty to God etc etc...
B.Timer
#6 Posted : Tuesday, June 23, 2009 6:34:00 AM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076
@Mukristo

There is no reason whatsoever why one religion should be elevated by such an elaborate mention in a secular states constitution.

Mutula should not try to play around with this matter. Currently,as far as I know,the Kadhis court is achored in a act of parliament,which works just fine.
Why the Muslims are pushing to have it entrenched in the constitution leaves alot to be desired.
As you put it the essence of overhauling/rewritting the constitution is to right any wrongs including expunging from it,any detail that shouldnt have been there in the first place.

B.timer
Dunia ni msongamano..
B.Timer
#7 Posted : Tuesday, June 23, 2009 6:49:00 AM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076


Nobody has said Kadhis court has jurisdiction to those who do not profess Islam faith.
What people have an issue with is Islam getting preferential treatment in the constitution by being accorded some special and elaborate attention.

Lets take cognisance of the philosophy of spirit of the law:

In law there is something they call,or to the effect of,- implied import or meaning.
Reading of such a constitution by an international lawyer will leave him with an impression that the writers intended to elevate Islam as top most state religion.

While at it can anybody tell me why Muslims are not content with having the Kadhis court operate as legislated by an act of Parliament.

The constitution strictly mentions matters of grave concern to the entire nation.
I am not persuaded that Kadhis court fit that bill.

B.timer
Dunia ni msongamano..
mkristo
#8 Posted : Tuesday, June 23, 2009 9:12:00 AM
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Joined: 9/7/2007
Posts: 168
Location: Nairobi
@ mukiha

Thank you for bringing up a few issues to the surface,also for posting the clause from the draft.

Let me first say that we have presented our views to the committee of experts,and they are the ones who advised Mutula that the matter in questions is not a big issue and he flowed with them. In essence,they brushed away all that had been given to them concerning Islamic Courts for reasons we do not know and went ahead to say that they are not contentius. Margaret Wanjiru,I respect her as a minister of God,is unfortunately not very much educated and knows little about strategies that muslims employ to push their angenda of Islamization. If she knew,she would not have endorsed the inclussion of the courts.

One other thing,i have a problem with the fact that the operations of Kadhi Courst will be such as is prescribed by an act of parliarment. How do we know that the same clause cannot be used in future by muslims to push for their agenda? How would they do that?

Here is the answer. One thing you need to realize is that these guys are one and the same wherever they are in the whole world. So what one says in Kenya in backed by what the other says in USA,Iraq,Egypt,Nigeria,UK... A muslim is a muslim no matter where they are,not what they do. Secondly,they have a lot of money... and with money power they can buy a nation...or have you forgotten so soon what is already happening with our real estate market? Who are the people buying? Thirdly,there will come a time,when muslims will command a chunk of Kenya's wealth. They will be able to sponsor their own into parliament and finally they will pass bills into acts of parliaminets that will slowly but surely transform this nation into an Islamic state.

Guys this is a serious matter and everyone needs to see what Christians are saying. This is not merely a battle of wits between Wakristo and Waislamu,no! It is about your future,the future of our children and much more. Can you imagine waking up one day and Kenya is like some of the Middle East countries,or worst,like Somali?

Can I get a witness? May be am mad,but I like Kenya cos we are free to express ourselves anyway.



the voice of reason
mukiha
#9 Posted : Tuesday, June 23, 2009 11:30:00 AM
Rank: Elder


Joined: 6/27/2008
Posts: 4,114
@mkristo:

I detect from your post that you do not like Muslims and that you do not trust them at all. You appear to believe that they are out to convert everyone to their religion 'through the back door' or by force.

Let's turn the tables around and ask; do you hear them complaining about the numerous christian programmes airing on Kenyan TV...including the national broadcaster,KBC? Can't that be interpreted to be converting everyone into Christianity through the back door?

You have a low opinion of Bishop Wanjiru,yet she was the first person to come out publicly (in a press conference) opposing the inclusion of Kadhi's courts in the new constitution.

Regarding their perceived wealth; what is wrong with Kenyans buying property from other Kenyans who are selling it willingly without any coarsion?

At the risk of being branded tribalist; wasn't this the same thing that Kikuyus did in the rift valley only to be chased away by people holding your kind of belief?

The greatest threat to Christianity is not Islam or any other religion. The greatest threat is to be found within the church (giving itself a bad name) and in etheists and secularists who believe that religion has not place in govenment.

Want evidence? Look at what is happening in America where you cannot display the Cross in any public building and teachers cannot wish their pupils a merry Christmas (instead the have to say 'Happy Holidays')



Behind the gardens...Behind the wall...Under the tree (Including: Red...Dark Blue...Yellow)
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
gk
#10 Posted : Tuesday, June 23, 2009 11:51:00 AM
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Joined: 5/17/2008
Posts: 488
...methinks this fear for Islam is much ado about nothing. Its typical stereopyping of those different from us that has made this nation so divided.

...the Muslims in TZ have far greater say in national agenda but is TZ any less cohesive for it?

@ mkristo

..i love the wit with which you've analysed motoring issues,put it here as well.
Djinn
#11 Posted : Tuesday, June 23, 2009 11:51:00 AM
Rank: Elder


Joined: 11/13/2008
Posts: 1,565
@Mkristo I am surprised and your intolerance and prejudice. Islam is not bad. I think in another post we all had advice for a lady who wanted to turn apostate and discussed some of the merits and demerits of that act. All said and done,it does not diminish any single citizens rights to allow latitude for those of the Muslim faith to have their unique legal affairs dealt with within certain acceptable parameters. It should only be a concern if you as a Christian are tried using those laws.

When people take oath in courts,its God's name that is invoked and people can request either the Bible,The Quran (or perhaps even the Torah).

I think we should be more tolerant.

The problem with equality is that we desire that it be with those that have more than us rather that those that have less
mkristo
#12 Posted : Tuesday, June 23, 2009 12:08:00 PM
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Joined: 9/7/2007
Posts: 168
Location: Nairobi
@All

Sorry,but you all seem so naive and misinformed.

That's all I can say.



the voice of reason
kizee
#13 Posted : Tuesday, June 23, 2009 1:14:00 PM
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Joined: 1/9/2008
Posts: 537
dude...please stop callin us naive....the issue here is...KADHI COURTS ARE FOR LEGISLATING MATTERS BETWEEN TWO PERSONS PROFESSING THE ISLAMIC FAITH...THESE MATTERS ARE USUALLY CUSTOMARY IN NATURE....please note that the bulk of our laws are based on cannon law which were derived by st francis from the catholic church...it would be unfortunate to subject two muslims to a derivative of cannon law on a cultural matter...the issue here is...seperation of church and state....our laws also have aspects of hindu law...why not protest abt that? why not ask your bank to use cannon law in drwaing up your HP contract? if we use your argument,muslims have every right to say that the constitution is against theyr religion since its based on a certain religion... issue is the courts were already enshrined in our laws...they hav howvever been constitutionalisd.....wat issue would christians hav in this? the issue does not affect christians...
kingfisher
#14 Posted : Tuesday, June 23, 2009 1:23:00 PM
Rank: Elder


Joined: 4/9/2008
Posts: 2,824
@mkristo you are very right..........the constitution is the supreme law for everyone......muslim,christian,hindu,atheist,etc,etc and as such the constitution should treat everyone as an equal 'KENYAN CITIZEN' and not as muslim or christain or otherwise......

All those other things like dealing with Islam issues,Hindu issues should be relegated to other statutes.......they deserve no mention whatsoever in the supreme law...

In that case then other courts like 'NJUURI NCEKE' courts which are also elaborate need mention here so that 'baites' can deal with their problems at their courts as well.....

Hiyo Kadhi court itolewe!!!

If you have money that you expect to start using in five years,it now belongs in stocks.
When I have money, I get rid of it quickly, lest it find a way into my heart.
B.Timer
#15 Posted : Tuesday, June 23, 2009 1:51:00 PM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076
@Mkristo

Apart from pushing for equitable treatment of all religions and faiths,it is beginning to appear to me that you have lots of other beef with Muslims and Islam.
So as to make head way in persuading people to your view point,you will need to exercise some more tolerance towards all,including Muslims.
By exhibiting what could easily pass for rabid detest for any group of people,you make all of us begin suspecting that you are also under certain measure of dogmatic colonisation of mind.

All said and done,I still maintain that Kadhis court should only be anchored in a regular act of parliament.
Finding its way into the constitution,our supreme law,is to elevate it to special status.

B.timer
Dunia ni msongamano..
mkristo
#16 Posted : Tuesday, June 23, 2009 1:57:00 PM
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Joined: 9/7/2007
Posts: 168
Location: Nairobi
@B.T

I agree with you that I need to exercise tolerance.

Forgive me but am just like that,I say it as it is,may be to my own undoing. I dont bembeleza.



the voice of reason
jitetee
#17 Posted : Tuesday, June 23, 2009 2:05:00 PM
Rank: Member


Joined: 6/12/2008
Posts: 92
mkristo - it is less an issue of bembelezaing and more a matter of communicating.

Time and chance happen to all.
mkristo
#18 Posted : Tuesday, June 23, 2009 2:10:00 PM
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Joined: 9/7/2007
Posts: 168
Location: Nairobi
@jit

whichever way you want to view it,GET THE POINT!!!

Inclusion of Khadhi Courts in the KENYA constitution is damaging for the future of this country.

I hope that communicates



the voice of reason
nanfor
#19 Posted : Tuesday, June 23, 2009 2:20:00 PM
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Joined: 3/6/2009
Posts: 172
Though some may wish to pretend they are different from others because of the label they paste themselves ie christian,orthodox,jew,muslim,catholic or ayatollah,they are more alike.

The problem is not the religion,the problem is EXTREMISM. This is practised by all and the starter of this post is a classic example.

Let the muslim brothers be. I have not seen any trying to convert me. However,between the 'saved' and the Jehovah's witnesses,I have had enough to last me a lifetime. I keep on telling them I am ok with my regular daily shot of JD but they tell me I will burn in hell!

I would be more worried of some saved guy moving their agenda in any constitution.

The consititution as has been explained in a post here is very clear on the limitations of the Kadhi's court. In fact,if you wish to limit their influence,that is where it should be.

Next you will be told that customary law and hindu law should be thrown out the window coz some saved guy is having a tantrum.

Aiiiii!
mkristo
#20 Posted : Tuesday, June 23, 2009 2:36:00 PM
Rank: Member


Joined: 9/7/2007
Posts: 168
Location: Nairobi
@friends

Thank you all for your contributions and I value your opinions.

I have heard from all of you and I read you all loud and clear,what am not sure is whether you read me,but it does not matter.

I will try to not be influenced by the Western media,i will also be tolerant of muslims and I will try to not be an extremist. Let us now put this matter to rest. Thank you very much.

Have a lovely week ahead


the voice of reason
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