A section of Muslim Women have petitioned the Constitutional Court seeking orders to compel the Legislature to enact a law that empowers the operations of Khadhis Courts.
The women under their umbrella organization Islamic Women Initiative for Justice, Law and Peace together with Mwanga Mastullah Ashah contend that in the absence of formalized Khadhis’ courts, the Uganda Muslim Supreme Council leadership, established informal Khadhis’ courts to enforce Islamic Family Laws in contravention with the constitution.
According to the group, the current informal Khadhis courts deliver rulings which are not binding and can’t not be enforced.
The women led by Fatiinah Nakitende claim there are so many injustices occurring in these informal settings such as the courts being a male dominated affair and lack of enforcement mechanisms.
The group filed the petition against the Attorney General saying the informal Khadhis courts are presided over by Imams and religious leaders who have no basic training in justice and adjudication of matters, counseling, mediation, gender responsiveness, and dispute resolution.
In their petition, the Muslim women contend that perpetrators have continued to find no reason to have hearings from these courts due to their informal nature.
They add that these courts lack oversight and accountability, leading to issues of gender discrimination, biased judgments, and limited access to justice, particularly for women who are the majority litigants.
They now want Constitutional Court to issue an order directing the Executive and Parliament to enact the necessary legislation to formalize Khadhis’ courts within a reasonable timeframe.
