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KADHIfS COURTS & THE ISLAMIC AGENDA
Objectives
This presentation aims to:
1. Familiarize the audience with the nature of Islamic Movements
2. Raise awareness among the audience on the Islamic Agenda for Africa
3. Show the relationship between the clamour for Kadhifs Courts in the constitution and the Islamic Agenda
4. Hopefully, enlist the support of the audience to defeat this Agenda
Scope
In this presentation we will cover:
1. The nature of Islamic Movements
2. The Abuja Declaration of 29 November, 1989
3. The Genesis of Kadhifs Courts in Kenya
4. The Connection Between Kadhifs Courts and the Islamic Agenda
5. Examples From Other Countries in Africa
- The Case of Nigeria
- The Case of The Sudan
- The Case of Ghana
- The Case of Zimbabwe
Introduction
On 24th March 2004, over 34 Church Leaders in Kenya issued a stern warning on the Draft Constitution:
gIf Kadhifs Courts are not removed from the Draft Constitution, we will mobilize Christians (80% of the Kenyan population) to reject the entire draft, however good it may beh
Why Did the Church Leaders Resort to Such a Stern Warning???
This presentation hopes to answer this question
The Nature of Islamic Movements
To understand the Islamic Agenda, you first need to understand what an Islamic movement is
So, what is an Islamic Movement?
gAn Islamic Movement is an organized struggle to change the existing society into an Islamic society based on the Quran and the Sunna, and make Islam, which is a code for entire life, supreme and dominant, especially in the socio-political sphereh
Khurram Murad - Islamic Foundation
As distinct from other forms of Islamic activities, in an Islamic movement, the emphasis is clearly on the four elements:
1. of total change,
2. the supremacy of Islam,
3. the socio-political aspects,
4. and the organized struggle.
Are there Islamic Movements in Africa? A more fundamental distinguishing feature among Islamic movements in Africa is the agenda which in turn is largely determined by the nature of the milieu. Dr Usman Muhammad Bugaje
What is the Agenda of the Islamic Movements in Africa?
The two major agendas are awakening & proselytization or what Ali Mazrui calls revivalism and expansion
Dr Usman Muhammad Bugaje
The former concentrates on revitalizing the Muslim community while the latter tries to increase the number of the Muslim community by extending the message of Islam beyond the community itself.
What is the Abuja Declaration of 29 November, 1989?
What is commonly known as the gAbuja Declarationh is officially known as gIslam in Africa Conference: Communiquéh issued at the end of the conference held in Abuja, Nigeria on 29 November, 1989
At this conference, it was resolved to create an organization to be known as gIslam in Africa Organizationh to spearhead a Muslim initiative to make Africa the first all-Islamic continent
www.islaminafrica.org
What are some of the objectives IAO?
To eradicate in all its forms and ramifications all non-Muslim religions in member nations (such religions shall include Christianity, Ahmadiyya and other tribal modes of worship unacceptable to Muslims).
To ensure the appointment of only Muslims into strategic national and international posts of member nations.
To promote the dissemination of the knowledge of sharia and support its application to Muslim communities in Africa.
To promote the learning of Arabic language throughout Africa.
To support, enhance and coordinate Da'wah work in all parts of Africa and propagate the knowledge of Islam throughout the continent.
Who is the Key Person Behind this Organization?
Dr Usman Muhammad Bugaje
Graduated in Pharmacy from Ahmadu Bello University, Zaria, Nigeria in 1975.
Did his Masters on A Comparative Study Between the Movement of Uthman b. Fodio and Muhammad Ahmad al-Mahdi and Ph.D on The Tradition of Tajdid in West Africa, at the Institute of African and Asian Studies, University of Khartoum, Sudan. (Please note that this is the same university where Hassan al Tourabi was a lecturer)
Secretary General - Islam in Africa Organisation (IAO)
Currently, is Political Adviser to the Nigerian Vice President, Alhaji Atiku Abubakar
What Do all these Have to Do With Kadhifs Courts in the Draft Constitution?
The Genesis of Kadhifs Courts in the Constitution of Kenya
Kadhifs Courts as we know them, can be traced to two letters exchanged between Jomo Kenyatta, Prime Minister of Kenya and M. Shamte, Prime Minister of Zanzibar, on 5th October, 1963.
In these letters, there were five undertakings by the Government of Kenya, two of which are relevant to the subject matter
Freedom of worship for Muslims and the preservation of their religious buildings and institutions
The jurisdiction of the Chief Kadhi and of all the other Kadhis to be preserved at all times and to extend to the determination of questions of Muslim law relating to personal status.
It should be noted that these letters referred to the 10-Mile Coastal Strip and nowhere in the letters was it stated that the Kadhifs Courts be entrenched in the constitution!!
Can Kadhifs Courts function outside of the Judicial System?
Yes, for example in Ghana.
In the past Ghanaian courts have recognized Muslim marriage, divorce and inheritance issues decided according to Muslim Personal Law outside Ghanaian courts.
Ghanaian Muslim Manifesto
Having seen that it was never a requirement to have the Kadhifs Courts in the Constitution of Kenya and the fact that Kadhifs Courts can function outside the judicial system, we have to ask ourselves, why this concerted effort to entrench them in the constitution?
The Answer is Simple - An Islamic Agenda for Kenya
Sharia Comes in Stages
First, they request for Kadhi's courts to arbitrate in matters of personal law between Muslims. The second stage is to extend the jurisdiction to cover civil matters - just as they had done in the Draft Constitution, and lastly, comes Sharia.
In Nigeria the movements have over the last two decades or so been challenging the secular status of the country and pressing for the application of Sharia for the Muslims. Though they have not as yet secured a total application of the Sharia, they have extended the jurisdiction of the Sharia from the narrow confines of personal law to cover all civil matters. But even more important, the movements have, through the Sharia debate, mobilized an increasing number of the Muslim population for future action. -Dr Usman Muhammad Bugaje
If Sharia is to be applied to Muslims, Why Should We Worry?
Islam's ultimate goal is to rule the world. Islamic theology provides two methods for this to be accomplished. The first is spiritual, as people are lured into conversion. The second is coercive; it is the political/physical conquest of nations.
The Koran commands Muslims to wage jihad for the forcible conversion of the whole world
Islam makes it incumbent on all adult males, provided they are not disabled and incapacitated, to prepare themselves for the conquest of other [countries] so that the writ of Islam is obeyed in every country in the world.
The late Ayatollah Khomeini on the goals of Islam
We shall export our revolution, to the whole world. Until the cry 'Allahu Akbar' resounds over the whole world.
The late Ayatollah Khomeini
The 14th century Imam and Islamic scholar Ibn Qayyim al-Jawziyya explained
Jihad is obligatory until the word of Allah reigns supreme, and until all are of the religion of Allah, until the religion of Allah triumphs over all religions and until they pay the poll tax while in a state of inferiority.
The Strategies Employed by The Islamic Movements
Population Increase through Conversion, Immigration and Procreation
Conversion can be voluntary or forced, as we have already seen
Procreation is self-explanatory
Obsession with Numbers
Muslims are obsessed with numbers. Why is this?
They strive to be a majority in a nation in order to declare SHARIA!
They thus like monitoring their population very closely.
They falsify their numbers if necessary in order to win concessions
EXAMPLES
There could then be a conference or colloquium on the history and culture of that region, display of the cultural products of the region and pamphlets containing the history of the spread of Islam in the area and such vital information like the statistics of Muslims in the region. -Dr Usman Muhammad Bugaje in Strengthening Islamic Cultural Awareness through Hajj:The Means and the Methods
Kenya in East Africa, also falls into this category, under a Christian leadership its nearly 40% Muslim population, mainly living in the coast, had been completely marginalized for the three decades of Kenya independence. -Dr Usman Muhammad Bugaje in
ISLAMIC MOVEMENTS AND THE POLITICAL ECONOMY IN AFRICA: AN OVERVIEW OF SUB-SAHARAN AFRICA
The actual percentage of Muslims according to Islam in Africa website is 6%.
Census: In the absence of properly and fairly conducted census, we may not be in a position to know the actual size of the Muslim population in Ghana. Islamic Agenda for Ghana in The Muslim Manifesto
Immigration
Archbishop Giuseppe Bernardini reported that during a synod that the Vatican held on October 1999 to discuss the rapports between Christians and Moslems, an eminent Islam scholar addressed the stunned audience declaring with placid effrontery: "By means of your democracy we shall invade you, by means of our religion we shall dominate you".
In the late 50s and 60s there were half a million Muslims in France but that in little more then ten years the Muslim population more than tripled through immigration. Valery Giscard d'Estaing was concerned about this and suspended further immigration. -Michel Gurfinkiel writing on the situation in France
Back to the Draft Constitution
In the initial Draft Constitution of September 2002, several provisos had been made that could have been used to increase the Muslim population in this country. Some of these are still in the Zero Draft. The provisos were on citizenship, devolution, and affirmative action
CITIZENSHIP
Article 20 (1) A person who has been married to a Kenyan citizen for a period of not less than three years is entitled, upon application, to be registered as a citizen of Kenya. (2) Citizenship is not lost through marriage or dissolution of marriage.
This allows a foreigner to come into the country, marry a Kenyan, stay for three years and apply for Kenyan citizenship and this shall be granted without question. Even if such a person then divorces the Kenyan spouse, he or she still retains the citizenship.
CITIZENSHIP
Article 22 (1) A child found in Kenya who appears to be less than eight years of age, and whose parents are not known, is presumed to be a citizen of Kenya.
With our porous borders, this proviso can be abused by Islamic movements to bring into Kenya such children from outside so as to obtain Kenyan citizenship. As an example, the population of North Eastern Province - a predominantly Muslim Province, increased from 371,391 in the 1989 to 962,143 in the 1999 census!
CITIZENSHIP
Article 23 (1) Dual citizenship is permitted under the laws of Kenya. (2) A person who as a result of acquiring the citizenship of another country lost the citizenship of Kenya at any time before the coming into operation of the Constitution, is entitled on application to be registered as a citizen of Kenya. Who would have been the greatest beneficiaries of this proviso? The people who lost their Kenyan citizenship were mainly of Asian and Middle Eastern and mainly Muslim. This article would have allowed them to regain Kenyan citizenship automatically!
DEVOLUTION
Devolution, as envisioned in the Draft Constitution, is a recipe for the balkanization of this country. The yearnings of gwananchih to have more say in development and governance is being exploited to set us up for regions with a majority of Muslims to do a gZamfarah on us.
Uganda has managed to devolve without balkanizing, why didnft the CKRC look at the LC system, unless they were serving a hidden agenda!
AFFIRMATIVE ACTION
On the issue of gender, the Draft reads like the Beijing Platform!! It literally turns the heat on men by creating conditions that will make it impossible for men to play their God-given role as heads of families.
What happens if the heat becomes too much? Men have two options, either surrender headship to their wives, or convert to Islam!
AFFIRMATIVE ACTION
Now, you would like to say that I am taking this too far, but hear me out.
When it comes to the bill of rights, these rights are qualified for the purposes of applying Islamic Law!!
What does Islamic Law say about women?
Islam & Womenfs Rights
Women are inferior to men. Surah 2:228
In Inheritance, a womanfs share is half that of a man. Surah 4:11
In court witness, the witness of two women equals the witness of one man. Surah 2:282
A woman is a manfs possession. Surah 3:14
A man is to beat his wife as discipline. Surah 4:34
Other Strategies Used by Islamic Movements
Terrorism, Violence, and Intimidation
TERRORISM
We have suffered three terrorist attacks in which very many lives, most of them Kenyan, were lost. The first attack was against the Norfolk Hotel on New Year's eve 1980. The second attack was against the US Embassy in Nairobi on 07 August, 1998, and the third attack was on 22 November, 2002 against the Paradise Hotel in Mombasa and an unsuccessful attempt to bring down an Israeli jetliner taking off from Moi International Airport, Mombasa on the same day.
The latest terrorist incident was on 01 August, 2003, again in Mombasa. This incident, which cost the lives of two Kenyan policemen, occurred when an arrested terrorist suspect detonated explosives attached to his body as he was being escorted to the Central Police Station in Mombasa. In all these attacks and incidents, the perpetrators were Muslims.
VIOLENCE
The burning of Our Lady Queen of Peace Catholic Church in Nairobi.
The burning of 6 Pentecostal Churches in Tana River District.
These are incidents of violence, meted out by Muslims, still fresh in our minds with no action from the government!
INTIMIDATION
Prominent Muslims in this country including Members of Parliament have threatened to secede unless they have their way in entrenching the Kadhi's Courts in our Constitution.
Professor Mutua Makau was quoted in the local press saying that the Muslims should be given their Kadhi's Courts or else they could become militant.
In the wake of multiparty politics they have insisted on the registration of the Islamic Party of Kenya IPK. Professor Ali Mazrui, himself a Kenyan Muslim from the coastal area, has publicly supported the cause the IPK champions and advised Kenyan government to redress the injustice to the Muslims in Kenya or face what he called a 'black intifada'.-Dr Usman Muhammad Bugaje
The Case of Nigeria
The Islamic Movements have prioritized Nigeria as the first country to fall to Islam and is to be renamed Federal Islamic Sultanate with the Sultan of Sokoto enthroned the Sultan Supreme Sovereign of Nigeria.
When President Olusegun Obasanjo, a born-again Christian won the 1999 elections, Zamfara, a predominantly Muslim State in the north declared Sharia.
This was implementing the Abuja Declaration at the devolved level of State.
The consequences were predictable. Muslims in northern states where they are a majority (Kaduna, Kano, Sokoto, etc.) are demanding or implementing Sharia.
Ensuing clashes have left 2,000 dead, mostly Christians, and dozens of Churches burnt.
The Case of The Sudan
The military regime of General Omar Hassan al Bashir imposed Sharia in 1989.
Muslim Arab militias have continued to wage jihad against African Christians and traditionalists of the south, (whom they refer to as infidels) which has so far resulted in the deaths of at least two million people.
During raids by Murahaleen (Islamic militias) in the south of the country, they kill men, burn food stores and crops in the field and then abduct women and children to be sold into slavery, yes, slavery in the Arab north.
Slave trade is alive and well in Sudan!
The Case of the African Christian Maiden
Having worked in South Sudan for two years, two incidents are forever etched on my mind. The first incident involves my meeting with a young maiden who was abducted shortly after marriage. She was sold into slavery in an Arab family in the north. One of the Arab males in the family sexually-abused her and made her pregnant. Through the efforts of a Christian organization involved in the buying back of African slaves, she was bought back. On returning to her husband - who had survived the raid in which she was abducted - he rejected her as he was not the one responsible for her pregnancy and could not see himself bringing up a jalaba (Arab) child!!
The Case of the African Christian 2nd Vice President
The second incident was air crash in which the 1st Vice President of Sudan, an Arab Muslim from the north died. The 2nd Vice President was a African Christian from the South. It was logical that the 2nd Vice President be elevated to the position of 1st Vice President. That did not happen. Instead, the then Minister for Foreign Affairs, Mr Ali Osman Taha, an Arab Muslim from the north was appointed 1st Vice President over Mr George Kongor, an African Christian from the South. The 1st Vice Presidency ascends to the Presidency in the demise of the latter. They could not chance an infidel becoming president of an Islamic state!!
The Case of Ghana
Please note the Vice President of Ghana, Alhaj Aliyu Mahma, is a Muslim.
As we saw earlier, Kadhifs Courts, functioning outside the judicial system, are alive and well in Ghana.
As if this is not enough, in the Muslim Manifesto for Ghana, the Muslims are clamoring for a Muslim Legal Framework (read Kadhifs Courts in the Constitution).
The Case of Zimbabwe
Zimbabwe's Christians Reject Islamic Law
For more than 20 years the Islamic Cultural Institute of Zimbabwe (Majlisul Ulama) has pressured the food industry to display this certificate to ensure the patronage of Muslims in any food outlet. However, to obtain this certificate, suppliers must employ Muslim imams (priests) to certify that Islamic hygiene and religious laws are followed when killing the animals and poultry. The imams pray over the meat as the blood is drained, dedicating it to Allah.
General Islamic teaching says that any person who eats of the halaal food is bowing to all that Islam stands for and is therefore Muslim by default. As a result, Christian leaders have begun to speak out against this practice.
"We won't have it! Why should two percent of the population dictate to the rest? This is a fight for our legal rights, not against Islam," said Rev. Felix Mukonowengwe, speaking for the Evangelical Fellowship of Zimbabwe.
Two percent of Zimbabwe's 12 million population is Muslim, while 60 percent are Christian.
If We Donft Defeat this Agenda
We will be laying the foundation for the Islamic Republic of Kenya!!!!
Do you want to be counted amongst those who sold our birthright to the dragon from the East???
The Kenya Church Task force -
08-25-2005, 04:54 AM
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