In a significant push for the long-awaited legislation, the Uganda Muslim Supreme Council (UMSC) has called on the government and Parliament to urgently table the Administration of Muslim Personal Law Bill.
The Bill, which aims to address issues related to the practice of Islam in Uganda, has been a key topic of concern for Muslim clerics for decades.
The UMSC, led by Deputy Secretary General Muhammad Ali, expressed disappointment that despite promises made over 30 years ago, the government has yet to implement the provisions stipulated under Article 129(1)(d) of the Constitution.
The article mandates the establishment of Khadi courts to adjudicate matters related to marriage, divorce, inheritance, and custody for Muslims.
UMSC officials, including Chief Executive Officer Sirajeh Mukasa, have voiced strong concerns about the failure to fulfill this constitutional obligation.
Mukasa emphasized that the call for the enactment of Muslim Personal Law is not a demand for Muslims to be treated differently from other citizens but rather a request for the government to uphold its constitutional duty in guaranteeing religious freedom.
“There is a draft of the Bill already prepared since 2008, and we are ready to support any private member who is willing to table it in Parliament. We have members with degrees in law and Sharia, and we are committed to providing all the necessary support,” Mukasa stated.
The Bill, titled Administration of Muslim Personal Law, was first drafted in 2008, following efforts by the UMSC in collaboration with the Uganda Law Reform Commission.
However, as explained by Muhammad Ssewaya, the Chairman of the Technical Committee on drafting the Bill, the government has yet to take action on the matter.
Ssewaya highlighted that earlier attempts to merge the Bill with the Khadi Bill, which was introduced in 2010, fell short of covering all the provisions required by Article 129, especially in areas of succession and guardianship.
Bugiri Municipality MP, Hon. Asuman Basalirwa, who chaired the meeting on February 13, reiterated the longstanding efforts by Muslim Members of Parliament to push the Bill forward.
He acknowledged that the financial implications of establishing Khadi courts, which would require the recruitment of judges, had been a major hindrance. However, Basalirwa firmly stated that the real issue lies in the government's lack of political will to operationalize the law.
“The problem is not the absence of information or consultation. The government simply lacks the political will to push this law forward,” said Basalirwa.
He also revealed that he had recently tasked the Prime Minister with updating Parliament on the government's plans concerning the Bill, with expectations for the Premier to address the issue soon.
Hon. Charles Bakkabulindi, the Workers’ MP, expressed support for the UMSC’s proposals, acknowledging that their concerns were valid not only for Muslim legislators but also for non-Muslim MPs.
He pledged to back any private member’s Bill that would address the issues raised by the clerics.
Oyam District Woman MP, Hon. Santa Alum, commended the UMSC for presenting a unified position on how Muslim marriages should be conducted.
She drew a comparison to the Christian community, where conflicting ideas on Christian marriages have led to confusion and disagreements. Alum praised the Muslim clerics for their clear and harmonized stance on this issue.
The Administration of Muslim Personal Law Bill, once enacted, is expected to create Khadi courts, which will be responsible for resolving disputes in marriage, divorce, inheritance, and custody matters for Muslims in Uganda.
This step is seen as a crucial part of ensuring that the constitutional rights of Ugandan Muslims are respected and upheld, particularly in the context of Islamic law and practices.
As the call for action grows louder, all eyes are now on the government and Parliament to fulfill their constitutional obligations and bring the Bill into law, allowing for the establishment of Khadi courts and the proper administration of Muslim personal law in Uganda.
The UMSC remains hopeful that with the support of legislators, this long-overdue Bill will finally become a reality.
Members of the Uganda Muslim Supreme Council sharing their views on the Marriage Bill, 2024
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