KAMPALA: On the 10th day of March 2022, the office of the supreme Mufti launched the Directorate of Sharia Law and Legal Affairs, the first of its kind in Uganda since the inception of Islam in Uganda 178 years ago. The mandate of the Directorate is guided by Islamic law that requires that, in a bid to fulfil their faith, judgement in all disputes between them should be according to Islamic law and that Muslims should not be resistant to decisions reached in accordance with this law but should accept them with the fullest conviction. The Office of the Supreme Mufti Directorate of Sharia is therefore the platform for referring all Islamic matters for a balanced and reliable verdict based on critical study, research, and consideration of customs, traditions, as well as the changing times with professionalism, the highest quality standards, and commitment to the Muslim community in Uganda and the whole region.
The Directorate of Sharia provides a wide spectrum of activities which include, but are not limited to,
Pre-marital counselling and guidance: The directorate welcomes Muslim couples who are about to enter into marriage commitment for counselling and guidance on Islamic marriage practices, which include duties and obligations, tips on a happy Islamic marriage life, successful Islamic parenting, conflict management and resolution, among others.
-Marriage and Divorce Registration: The Directorate registers marriages and divorces through a proper Islamic proceeding that leads to the issuance of certificates that are certified and registered by the Uganda Registration Services Bureau.
-Islamic Wills and Testaments Services: The Directorate provides guidance as well as a formal template on will writing that meets the requirements of both Islamic law and state law to ensure compliance with both legal regimes.
Calculation and Distribution of Estate: The directorate has a good reputation and experience in calculating and distributing the estate of the deceased in accordance with Shariah, but is also mindful of the legal regime which regulates matters of inheritance and succession in our country.
Research and consultancy: Through its competent team, the directorate offers research and consultancy services in all matters related to Islamic law. These include all areas related to domestic relations (marriage, divorce, inheritance), human rights, Islamic law of transactions (Islamic banking, Wakfu (endowment) management and administration, Zakat etc.).
Many individuals and organisations are interested in paying Zakat but face challenges in properly calculating it. The Directorate has experts in this field who can do professional calculations of Zakat for both individuals and organizations, in light of contemporary developments in sources of income.
Issuing Islamic Fatwas: Currently, the Muslim community in Uganda is divided between different opinions from various individual sources. The Directorate has established a team of renowned Shariah scholars who shall study, analyse, and conduct extensive research that shall lead to the issuance of reliable, proof-based Islamic verdicts. In line with contemporary times, the directorate has embraced the use of technology and is yet to launch an online app for purposes of easing communication. Questions can be forwarded to the directorate and answers provided over the same. The Fatwas will be documented and published both in hard copy and online.
At a time when civil courts are struggling to clear a backlog of cases, the Directorate of Shariah steps in to offer relief to the country by providing an alternative means of dispute resolution that aims at social cohesion and peaceful co-existence among members of the Muslim community.
The above and more are some of the services that the directorate of Sharia and Legal Affairs can offer. However, it should be noted that there is still an uphill task for this directorate to be able to offer a comprehensive service towards providing a platform for offering justice to the Muslim community in all aspects of the social, economic, and political spheres of the Islamic faith.
It should be understood that Uganda, being a secular state, embraces several religions, including Islam. Article 7 of the Constitution of the Republic of Uganda clearly states that Uganda shall not have a state religion. Article 129 stipulates to the effect that the judicial power of Uganda shall be exercised by the courts of judicature, which shall consist of sub-article (d) such subordinate courts as parliament may by law establish, including Qadhi courts for marriage, divorce, inheritance, and property guardianship as may be prescribed by parliament. Subject to the provisions of this constitution, parliament may make provision for the jurisdiction and procedure of the courts.
The spirit of the law as set out in the constitution shows that there is a firm foundation and provision for Qadhi courts if Parliament promulgates a law for the establishment of these courts, their jurisdiction, and the procedures that these courts shall follow in exercising their judicial power. Since the promulgation of the 1995 constitution, there has been no bill in parliament that has been moved for the purpose of enactment of a law for the formation of Qadhi courts. This is a major hindrance towards the realisation of the complete formation and realisation of the Islamic justice system. In 2016, on Tuesday 19th January, the President of the Republic of Uganda referred to a bill that was passed into law as an amendment to the The Financial Institutions Act of 2016 and this provided for Islamic banking. To date, the progress of Islamic banking operations in Uganda has been curtailed by the absence of a statutory instrument to regulate the operationalization of the law that was passed. In 2021, the former speaker of parliament, Rebecca Kadaga, while addressing Muslims at an iftar dinner hosted by parliament on Friday, April 16, 2021, mentioned that they had taken it to the minister of finance on the issue of Islamic banking and he said they were waiting for scholars to make the advisory board even though there were many scholars already in the country that could constitute the advisory board.
It should be noted that finance has spread throughout the world, including the Middle East, Indonesia, the United Kingdom, North America, and, more recently, some Sub-Saharan African countries.It provides, on the whole, for the provision of a financial product that can co-exist alongside the conventional financial system to pave the way for the financial inclusion of a population underserved that is now estimated at 10-15% of the entire Ugandan populace.
With the formation of the Directorate of Sharia and Legal Affairs, people passionate about the establishment of a justice system for the Muslim community should utilise this platform to ensure that advocacy for the formation and realisation of properly regulated Qadhi courts as well as Islamic finance are realised to allow for justice and financial inclusion.
The author is Sophia Kigozi, an advocate of the High Court of Uganda.