A group of Ugandan Muslim women lawyers are petitioning the Constitutional Court to compel the government to establish formal Qadhi courts and enact Muslim personal laws. They argue the current legal system fails Muslim women in matters of marriage, property ownership, and divorce.
The petition claims the government's inaction violates the Constitution's guarantee of equal rights and fair trials. They point to specific articles allowing for Qadhi courts and argue the lack of Muslim personal laws disadvantages women.
The lawyers believe specialized Qadhi courts staffed with judges knowledgeable in Islamic law would provide fairer and more culturally sensitive rulings. They argue the current family courts lack the expertise to handle these matters effectively.
One lawyer, Nakitende Fatinah, emphasizes the hardships faced by Muslim women. She claims they are denied rightful property and excluded from inheritance after a husband's death. Fatinah argues Qadhi courts, unlike the family division, possess the technical understanding of Islamic family and marriage structures to deliver appropriate judgments.
By advocating for Qadhi courts and Muslim personal laws, these women lawyers hope to address the shortcomings of the current legal system and ensure fairer treatment for Muslim women in Uganda.