Muslim leaders, scholars and clerics have strongly opposed the suggestion that the position of Chief Kadhi can be occupied by a woman.
Led by Garissa MP Aden Duale, the leaders have lashed out at outgoing Chief Kadhi Sheikh Ahmed Muhdhar for saying that Muslim women are entitled to Kadhi positions.
The former majority leader in Parliament rejected the idea, claiming it is against Islamic religious beliefs.
The backlash comes two days after Muslim women declared publicly that they deserve the positions of Kadhi given that some of them have studied Sharia law.
The women said they face discrimination because many women are compelled to open up about their intimate issues to men clerks, making them uncomfortable.
Mr Duale said it is unacceptable for women to claim such positions, adding that such appointments would go against Islamic teachings.
“It is not found in the Quran nor our prophetic teachings. It does not mean that (because) Martha Koome, who is a woman, is a Chief Justice, we should also have Muslim women as Kadhi, that cannot happen,” he said.
“We must respect religious leaders. When we Muslims supported the 2010 Constitution it was because we wanted to reinstate the Kadhi court. The court helps the people of our faith to run our affairs religiously such as marriages, divorce and inheritance cases,” he said.
Mr Duale added that the reason women do not officiate Islamic marriage ceremonies is that they are not eligible for Kadhi positions.
Mr Duale’s views contradict those of Supreme Council of Muslims in Kenya (Supkem) Coast branch chairman Muhdhar Khitamy, who said women are entitled to the Kadhi positions if they have gone through Sharia Law School.
Duale: We will not accept women Kadhis
But Council of Imams and Preachers of Kenya (CIPK) national commissioner Hassan Omar strongly objects, saying a woman should never be a Kadhi.
“In Islamic history, there has never been a woman Kadhi, so that should not happen now. A woman cannot officiate nor oversee marriages, and neither can they stand in to solve divorce cases, so that is impossible. If such a situation comes up, we will oppose it in the courts,” he said.
Women’s rights advocacy groups have said this is the kind of reasoning that has allowed husbands to mistreat their wives.
In Lamu, Muslim clerics have also urged women scholars to stop pushing to be appointed Chief Kadhi or even Kadhi, insisting that doing so will go against some Islamic religious practices.
Led by the Lamu branch Coast Inter-Faith Council of Clerics (CICC) chair Mohamed Abdulkadir, the Muslim leaders advised those pushing for a woman Chief Kadhi to desist from treating the Kadhis courts like secular courts.
Mr Abdulkadir said that though outgoing Chief Kadhi Sheikh Muhdhar has welcomed the idea of appointing women as Kadhis, Lamu clerics’ stand is opposes it.
He insisted that Islam has placed women in high esteem with clearly defined roles, adding that the function of the Kadhi is not a woman’s role.
“I advise people to tread carefully when dealing with Islamic religious matters. People should differentiate between Kadhis courts and secular courts. A Kadhi’s court is a religious institution.
There is no way we can accept women Kadhis. The Holy Quran and even the teachings of our Prophet are very clear on that,” Mr Abdulkadir said.
Mr Abdulkadir added: “Matters of religion shouldn’t be treated like normal issues. This isn’t something like the BBI or election where a referendum is needed. In Islamic history, there has never been a woman Kadhi, so that shouldn’t happen today. People should stop copying other countries such as Egypt, Malaysia, Sudan, Jordan, Tunisia, Kuwait, Turkey, and Palestine, among others.”
Lamu West Sub-County CIPK chair Noordin Saney said Muslims have been taught about what roles women can perform and those that they cannot.
Mr Saney faulted those arguing that anyone who has studied Sharia law can be Kadhi irrespective of gender.
He said a Kadhi deals with three key issues of personal status like marriage, divorce and inheritance, arguing that such sensitive matters cannot entirely be handled by a woman.
“In the first place, Islamic law does not allow men and women to interact freely like other religions. Now, how will a woman Kadhi conduct a marriage in a mosque where men and women have separate areas? This clearly shows how complicated things might be if women are appointed to the position,” he said.
For his part, Mahmoud Ahmed Mau, a Muslim scholar and imam of the oldest mosque in Lamu Old Town, said the suggestion to have women Kadhis needs further consultation as scholars in Kenya and the world as a whole have not reached a consensus on whether it is right or wrong for a woman to hold the position.
Sheikh Mau, however, acknowledged that there is no law in Islam that prevents a woman from becoming a Kadhi.
“The law is silent on this question,” he said.
“This issue is still debatable. As for me, women shouldn’t be appointed Kadhis but rather selected as advisers to the Kadhis court panels. Doing so will help women facing marital problems to fully open up to their fellow women advisers so that they can get justice before the religious court,” he said.
Ustadh Hamid Hussein of Kiunga also noted that duties such as officiating marriages in mosques where only men are involved shows how difficult the Kadhi position can be if held to a woman.
Lamu women’s rights activist Raya Famau also supported the clerics’ stand for women to avoid seeking the Kadhi position, adding that religious laws and traditions must be respected.
“I’m a fighter for women’s empowerment. I will support all other ideas revolving around women empowerment but not the Chief Kadhi position. Let’s reserve the position for men,” she said.
The debate started when Muslim women came out pushing for one of them to be appointed to the Kadhi courts’ top position as the incumbent Chief Kadhi Sheikh Muhdhar’s tenure ends.
The women argued that the promotion of Ms Koome to Chief Justice has given them the morale to seek the top position in the religious courts.
They said if women ascend to such high positions, they will bring a new perspective on women’s issues that are not well articulated in the current set-up.
