Kadhi courts
Encyclopedia
Khadi courts or Khadis' courts are a court
system in Kenya
which enforce limited rights of inheritance, family, and succession for Muslims. The history of Kadhi courts extends prior to the colonization of East Africa
in the 19th century and the courts continued under British
rule and after Kenyan independence in 1963. An estimated 7% to 20% of the population of Kenya are Muslim.
In May, 2010, a three Judge Bench of the High Court ruled that the inclusion of Kadhi courts in current Constitution was illegal and discriminatory.
A new Constitution of Kenya
approved by referendum
on August 4, 2010 establishes the Kadhi court system as a subordinate court under the superior courts of Kenya (Supreme Court, Court of Appeal, and High Court). The language of the new constitution (section 170) states that "There shall be a Chief Kadhi and such number, being not fewer than three, of other Kadhis as may be prescribed under an Act of Parliament" and "The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts." The establishment of Kadhi courts in the proposed constitution was a subject of debate, especially among Christian church
leaders.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
system in Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
which enforce limited rights of inheritance, family, and succession for Muslims. The history of Kadhi courts extends prior to the colonization of East Africa
East Africa
East Africa or Eastern Africa is the easterly region of the African continent, variably defined by geography or geopolitics. In the UN scheme of geographic regions, 19 territories constitute Eastern Africa:...
in the 19th century and the courts continued under British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
rule and after Kenyan independence in 1963. An estimated 7% to 20% of the population of Kenya are Muslim.
In May, 2010, a three Judge Bench of the High Court ruled that the inclusion of Kadhi courts in current Constitution was illegal and discriminatory.
A new Constitution of Kenya
Constitution of Kenya
The 1963 Constitution of Kenya was drawn up at independence. This constitution, heavily indebted to English law, had already been amended more than 30 times by 2010, but was widely agreed to require a major overhaul...
approved by referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on August 4, 2010 establishes the Kadhi court system as a subordinate court under the superior courts of Kenya (Supreme Court, Court of Appeal, and High Court). The language of the new constitution (section 170) states that "There shall be a Chief Kadhi and such number, being not fewer than three, of other Kadhis as may be prescribed under an Act of Parliament" and "The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts." The establishment of Kadhi courts in the proposed constitution was a subject of debate, especially among Christian church
Christian Church
The Christian Church is the assembly or association of followers of Jesus Christ. The Greek term ἐκκλησία that in its appearances in the New Testament is usually translated as "church" basically means "assembly"...
leaders.
See also
- QadiQadiQadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
- Constitution of KenyaConstitution of KenyaThe 1963 Constitution of Kenya was drawn up at independence. This constitution, heavily indebted to English law, had already been amended more than 30 times by 2010, but was widely agreed to require a major overhaul...
- Proposed Constitution of Kenya, 2010
- Kenyan constitutional referendum, 2010Kenyan constitutional referendum, 2010A constitutional referendum was held in Kenya on August 4, 2010 on whether to adopt a proposed new constitution passed by parliament on April 1, 2010...