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The debate around the proposed kadhi courts in the constitution and its impact on christian- muslim relations in mwanza, Tanzania

Author: 
Paul Lunyilija
Subject Area: 
Social Sciences and Humanities
Abstract: 

Muslim relation is a paramount aspect in the Republic of Tanzania based on the historical information that identifies the two religions as major. The study has described the debate around the proposed Islamic kadhi courts in the constitution of Tanzania and its impact on Christian- Muslim relations in Mwanza, Tanzania. The Muslim proposal of the inclusion of the Islamic kadhi courts into the Tanzanian constitution would cause a split of the country. The study focused on the following objectives; examined the history of Islamic kadhi courts in mainland Tanzania; second, explored perspectives around the debate on the proposed Islamic kadhi Courts and analyzed the impacts of Islamic kadhi courts in the constitution on Christian-Muslim Relations. The study was largely informed by the following reviewed literature; Chesworth and Kogelmann, eds. 2014, Jeppie, Moosa, and Roberts, 2010 and Naʻīm, ed. 2002 dealing with writings on Christian-Muslim relations from a wider perspective. The study was justified on the following grounds; enlightening readers on the impacts of the proposed of the Islamic kadhi courts in the constitution on Christian- Muslim Relations; exploring the knowledge gap that had been not done by other scholars on the impacts of the proposed Islamic kadhi courts on Christian- Muslim Relations. The research used a descriptive design employing both qualitative and quantitative approach. Data collection process was done using the questionnaire for quantitative data and, the interviews and Focus Group discussion for qualitative data. The findings were based on the objectives as follows; first, Islamic kadhi court was and still an entity considered to be a lawful guiding tool on Muslim social lives that covered the great social concerns on matters of divorce, marriage, inheritance and other day-day occurred disputes. Second, reasons for the inclusion of the kadhi court in the constitution were to uphold the faith and settling matters in the Islamic religion. Reasons against the move included; disunity amongst the citizens after the creation of the superiority and inferiority scene, struggle for power could tear apart the nation. Economically, the stability in the income and expenditure is controlled by power. The powerful religion is likely to obtain and use resources at the expense of others. Socially, the society will be divided on matters of marriage, interaction and general social cohesiveness; same to cultural and others. These and other reasons therefore impede the peaceful co-existence between the Muslims and Christians. In conclusion, there is need for the amicable stand to be reached as far as Muslim-Christian relation is concerned; the treatment offered to religions should be fair and equal without special focus, to avoid solving one problem yet creating another. The study recommended the following; first, the need to revisit the debate on the inclusion of the Islamic kadhi court back in history to understand its emergence and the role intended for. Second, the state should allow existing bodies to have regionally constituted documents to take care of their matters to avoid superiority and inferiority scenes. Finally, when handling religious matters they should not be done unfairly, selectively and under the influence of the political power.

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