Uganda is proposing a bill that would establish Sharia courts across the country, a move that legal nonprofit Alliance Defending Freedom (ADF) International is expecting to have concerning implications for Christians and religious freedom in the nation.
According to ADF International, the bill would give the courts — known as “Qadhi courts” in Uganda — mandatory and exclusive jurisdiction over personal matters, including marriage, divorce, custody, and inheritance. While the courts would primarily be for Muslims, they would also encompass Christians or people of other religions in some circumstances, ADF International said.
“Uganda’s proposed Sharia courts bill would subject Christians and other non-Muslims to Islamic law, while undermining fundamental rights — especially for women, children, and religious converts,” Kelsey Zorzi, ADF International director of advocacy for global religious freedom, stated in a press release.
One of ADF International’s concerns about the bill is that it would affect Muslims who convert to Christianity, since conversion from Islam is banned in Sharia law. Zorzi pointed out that international law guarantees the right to choose and change religion, stating that Uganda “would be in clear violation of international law” if the courts are established.
ADF International also argues that the wide jurisdiction of the courts “would eliminate the ability of a Christian or other non-Muslim to seek justice in the civil court system when there is a family, custody, or inheritance dispute involving a Muslim who pursues a lawsuit within the Qadhis court system.” Any appeals of rulings from Sharia courts would first need to be heard by a Muslim judge and four Muslim scholars with no further appeals available, making it difficult to get decisions reviewed by the High Court of Uganda.
The bill would also have worrisome implications for women and girls in the country, especially Christians, ADF International continued. Citing similar situations in Nigeria, the legal organization pointed out that Sharia law permits and recognizes the marriages of minors, which has led to young Nigerian Christian girls being kidnapped and forced to convert and marry. According to ADF International, the proposed bill does not have provisions to address conflicts between national law and Sharia law, which introduces “immense uncertainty and few checks on the Qadhis courts.”
Women also do not have the same rights as men under Sharia law, which could affect how the courts rule in cases of divorce and child custody, as well as how the courts treat women’s testimonies, according to the release.
ADF International pointed out that other African nations have instituted Sharia courts, but noted that the Ugandan proposal offers significantly fewer protections than similar systems. According to the legal organization, the bill “would create a legal paradigm shift for Uganda and for Africa,” which would constitute a shift that “markedly increases the risk of religious freedom violations.”
Ugandan lawmakers are pushing for the bill to be passed quickly before Parliament dissolves April 24, according to ADF International. It is expected to be formally introduced and moved into committee soon.
Zorzi called for the bill to be rejected, saying, “The Ugandan Qadhis Courts Bill should not proceed within the Parliament, and it is imperative that both international and Ugandan actors oppose it.”
Arthur Ayorekire, vice president of the Uganda Christian Lawyers’ Fraternity, stated in the release that his organization is urging all Ugandans to speak out against passing the bill.
He continued, “The bill is not necessary and will only lead to legal uncertainty, tensions between religious groups, and potentially will allow extremism to grab a hold in Uganda.”