The

Friday Bulletin
The Weekly Muslim News Update

Issue No. 340

Dhul Qaada 18 1430/November 06 2009

Anti- Kadhis' Court calls fueling

Islamophobia
The Friday Bulletin Comment

'Kadhis courts is our right not a favour'

Jamia Mosque Treasurer Abdullatif Essajee hands over a set

of books to Sheikh Omar Sukyan the Kadhi of Malindi after
the completion of the Kadhis' efficiency training seminar

The Kadhis Courts are a right that Muslims deserve by

virtue of being citizens of this country and it is not a favour that is being done to them.
The Chief Kadhi Sheikh Hammad Muhammad Kassim said
those who were calling for the removal of the courts from the
constitution were not sincere and harboured ulterior motives
against Muslims.
Speaking at the end of the Kadhis' Efficiency Training programme in Mombasa last week, Sheikh Hammad said the
Courts only presided on Muslim personal law where the
parties are Muslims and did not at all affect people of other
faiths.
He said not all Christians were against the courts and termed
Story Continues To Page 2

he issue of whether to include or keep out the Kadhis courts

is increasingly being seen as the next battleground in the
efforts to provide Kenyans with a new constitution dispensation.
While the courts are not listed among the three main contentious issues
identified by the Committee of Experts who are putting final touches on
a new draft constitution, rhetoric from some Churches are whipping up
emotions of Kenyans to reject the existence of the courts in the constitution.
These hate speeches are gradually generating into Islamaphobic remarks and may ultimately lead to sectarian strife among Kenyans of
different religious persuasions who have lived together in peaceful coexistence for generations.
The main contention of the churches is that Islam is being favoured in
the constitution and they see this as a contradiction of separating State
and religion as encompassed in the constitution.
Prime Minister Raila Odinga this week came out bluntly and rubbished
off the claims by churches when he said that the foundation of the
Kenyan constitution is mainly based on Christian beliefs and having a
clause which protected the interests of Muslims will have no harm on
the document.
Earlier, the Chief Justice Evans Gicehru was clear that the Kadhis'
courts were included in the constitution as a result of an agreement
signed between two different sovereign states- Kenya and Zanzibar.
He added that the agreement is governed by international law and is
recognized by the United Nations and he went on to stress that Kenya
cannot in anyway renege on its international commitment.
In essence, in the event that Kenya goes against this agreement could
mean that the country could lose its sovereignty over the ten-mile
coastal strip.
The Kadhis' courts have been in existence for centuries under a comprehensive Islamic judicial system that was present along the East African coast. Prior to the entry of the British colonialists, the ten-mile
coastal strip was under the jurisdiction of the Sultanate of Zanzibar.
In1895, the Sultan transferred his administration over the strip subject
on condition that the Kadhis' courts will remain in place.
During the Lancaster House Constitutional talks in 1961, the status and
fate of the coastal strip came up for determination. Members of the
Muslim delegation expressed their fears that if the coastal strip joined
independent Kenya, Muslims would be at the mercy of an upcountry
government that would be unsympathetic with their ideals, culture and
religion.
A joint commission appointed by the British Government and Sultan of
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Editorial
Da'wa

This Week

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Preparing for Hajj

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Women Issues

Hajj rules for women

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Youth and Children

Exam tips for students

Islamic Issues

The farewell pilgrimage

www.islamkenya.com

This Newsletter contains some of Allahs names. Please do not throw in the trash. Either keep, circulate or shred

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The Friday Bulletin

Dhul Qaada 18 1430/November 06 2009

EDITORIAL
Story From Page 1

Evangelical churches fueling Islamophobia

(KHRC), Law Society of Kenya (LSK), the Kenya Chapter of the
International Commission of Jurists (ICJ) and the Kenya chapter of
the International Federation of Women Lawyers (FIDA).
A model constitution prepared by the four groups working under
the banner of the Citizens Coalition for Constitutional Culture went
ahead to suggest that the Chief Kadhis status and privileges be
pegged on the same footing as a High Court Judge.
It is important to note that during the lengthy constitutional review
exercise, the Commission did not receive any views for the creation of courts for Jews, Hindus or other faiths and groups.
The draft released by the CKRC was therefore, a true reflection of
the views it received from the Kenyan public.
Opposition to the courts first emerged during the Bomas constitutional conference when some evangelical delegates launched
a campaign to oppose their inclusion in the constitution. Behind
this group was an American evangelist and a director of a Nairobi
health firm, Health Data Systems Ltd Mitch Medina who orchestrated a campaign against the inclusion of the courts. The preacher
was at Bomas as an observer where he circulated literature opposing the the existence of the courts.
After the failure of their efforts, there are now back again calling for
the courts to be expunged from the constitution.
The issue is now being politicized creating unnecessary tension
and disharmony between the Muslims and their Kenyan brothers
and sisters. By spreading propaganda and whipping up emotions
of other people who may not have all the facts before them, these
people are undermining and attempting to scuttle the efforts to
bring about a new constitution which Kenyans have yearned for.
The Kadhis' courts are part of the Muslim identity in Kenya islamophobics are striving to erase. It is our contention that those fighting against the Kadhis courts ultimately want to erase the Muslim
identity in this land and by all means Muslims will not and never
allow this to happen.
While it is our hope to see peace and harmony continue to exist between the different Kenyan religious communities, this propaganda
war being peddled by the likes of Bishop Margaret Wanjiry against
the Kadhis Courts is ultimately aimed at creating an atmosphere of
sectarian strife among citizens of the country.
Peace loving Kenyans from all religious persuasions should stand
up against this small clique of Christian radicals who want to satisfy
their Western financial backers by inciting religious hatred among
Kenyans.

Zanzibar headed by James R Robertson identified three matters

related to the coastal strip. These were an option for the coastal
strip courts to be incorporated as part of Kenya, be declared as
an independent entity, or reverted back to the administration of the
Sultan of Zanzibar.
In his recommendations, Robertson said the area be joined with
Kenya subject to the Kenya Government guaranteeing to respect
the existence of the Kadhis' Courts.
In a letter dated October 5, 1963, Jomo Kenyatta bound his government to respect this undertaking. The Jurisdiction of Chief Kadhi
and all other Kadhis will at all times be preserved and will extend
to the determination of questions of Muslim law relating to personal
status in proceedings in which all parties profess the Muslim faith,
reads part of the letter to the prime minister of Zanzibar Muhammad Shamte.
The letter became a legal instrument binding the Government to
respect the status of the Kadhis courts.
Kenyatta dutifully respected this agreement and this was seen in
the courts being enshrined in the 1963 independence constitution.
Successive governments also respected this agreement which saw
the number of Kadhis rising from three at Independence to the current 17 Kadhis spread across the country.
Prior to the review processes by the Constitution of Kenya Review
Commission (CKRC), no voice was heard championing against the
inclusion of the Kadhis' courts in the countrys supreme law. The reform call which featured during the last years of the Moi era mainly
touched on issues of governance and no mention was made on the
existence of the Muslim courts.
The CKRC was mandated to collect, collate and analyse the views
of Kenyans on changes to be made to the constitution and to recommend changes which reflect the views and wishes of Kenyans.
Public hearings were held nationally and a wide range of views
were gathered on the Kadhis' courts from individuals and organizations but no record was made questioning their existence.
The views from Muslims centered on improvement and the enhancement on the role and status of the courts and in some cases
proposals were put forward for the full application of Sharia Law in
Muslim dominated areas.
Others made a case for the retention of Kadhis' courts in their
present form and among this group were a team of judicial experts
and eminent scholars from the Commonwealth Human Rights
and organisations such as the Kenya Human Rights Commission

Story From Page 1

'Kadhis courts are a right not a favour'

those clamouring for their removal as working for foreign agents who
had bad intentions for the country. These are not all the Christian
leaders because I have spoken to Christian leaders who said they
support us to have the Kadhis' Courts, he noted.
The Chief Kadhi further dismissed claims that Muslims were being
favoured by having the Kadhis Courts in the constitution and said
the current constitution was based on Christian principles. We rest
on Sunday, Christmas, Easter, New year holiday because these are
Christian holidays and similarly many other laws in the constitution
are of Christian origin. If they say there is no religion it is not true
because they have already been accorded so many religious rights
in the Constitution, Sheikh Hammad observed.
Speaking at the same forum, Abdulrahman Wandati a Member of the
Muslim Consultative Council (MCC) reiterated that the Courts were a
historical right that Muslims deserve by being part of this nation. He
added that Muslims will not engage in any debate with the opponents
of the courts. If there is anyone to engage then it is the Committee
of Experts. We were Muslims before even the colonialists conquered
our land so our right to practice our religion comes even before this
state was created, he said adding that any other community cannot
tell us what constitutes our right.
Among the resolution reached at the forum was a call for reforms in
the jurisdiction of the Kadhis Courts r to increase their efficiency.
Abdul Hamid Slatch who is also a member of Jamia Mosque Com-

mittee said a team of Muslim lawyers and Kadhis will have to review
the Mohammedan Marriage and Divorce and Succession acts with a
view of bringing them up to date with Islamic tenets, principles and
beliefs.
He however pointed out that although the process of coming up with
the rules of procedure to be used in the Kadhis' court had already
began, it should be speeded up so that these rules can be used by
all Kadhis in Kenya as a matter of urgency.
On his part, constitutional Lawyer Stephen Musalia Mwenesi urged
the Kadhis to critically study the constitution and utilize the laws which
were in harmony with the Islamic teachings which they could legally
apply in their courts.
Jamia Mosque Treasurer Abdulatif Essajee who was the Chief Guest
at the closing event called on the Kadhis to take up their dual role as
propagators of Islamic ideals which could help reduce the number of
cases coming before their courts. Kadhis should try to integrate into
the society they live in. This can be done by giving back to the society in a symbiotic kind of relationship for the betterment of each and
everyone of us, he said.
The five day seminar which closed last Friday in Mombasa was attended by 16 Kadhis from around the country as well as Muslim lawyers and other professionals in the judicial system. It was organized
by Jamia Mosque Committee in partnership with First Community
Bank and 3Z Foundation.

Dhul Qaada 18 1430/November 06 2009

The Friday Bulletin

DA'WA

Preparing for Hajj

Every year, millions of Muslims make the
journey of their lifetime. They come from all
over the world for the sole purpose of fulfilling one of Allahs greatest commandments to
mankind the Hajj.
Abu Hurayrah narrated that The Prophet
salallahu alayhi wa sallam was asked, Which
is the best deed? He said: To believe in Allah and His Messenger . He was then asked,
Which is the next (good deed)? He said: To
participate in Jihaad in Allahs cause. He was
then asked, Which is the next? He said: To
perform an accepted Hajj. [Al-Bukhari].
Hajj is an obligation for each and every Muslim to perform Hajj at least once in his/her lifetime if he is physically and financially able.
Pre-Hajj preparations
Due to the importance of Hajj, preparations
for it should not be taken lightly. Besides
planning the actual logistics of the trip, Muslims need to prepare Islamically, physically,
mentally, and financially for this great act of
worship. Islamically, one of the most important preparations for this journey is acquiring
the necessary knowledge for performing the
rituals of Hajj and Umrah correctly and in accordance to the Sunnah of the Prophet salallahu alayhi wa sallam. This means studying
and learning about Islam, acquiring a high
degree of imaan (faith) in order to deal with
the emotional and physical demands of Hajj,
and learning correctly the actual religious
rituals and requirements from the beginning
to the end of Hajj and Umrah. Studying and
learning about the Hajj can be accomplished
in a variety of fashions, from reading books
on the subject or actually taking classes offered by Islamic centers on the rituals of
Hajj and Umrah. Furthermore, many travel
groups that specialize in Hajj and Umrah
trips offer Hajj preparation classes as well as
scholars and students of knowledge that help
those going for Hajj perform the rituals of Hajj
and Umrah correctly.
Preparing for Hajj is a spiritual experience
with a period of self-reflection and a lesson in
piety and humility. The pilgrim must focus on
his sole intention of performing Hajj. That it is
solely for the pleasure of Allah and in accordance to His Commandment regarding this
act of worship. The believer also needs to
resolve any conflicts or differences between
him and others and seek forgiveness for any
acts of transgression. This stage of preparation should take place long before the actual
departure for Hajj.
Other preparations that should be planned
long before the actual trip are financial in
nature. Simply, going to Hajj costs money.
Furthermore the pilgrim must pay off any

Saturday Lecture
Virtues of Dhul Hijjah
Sheikh Abdullatif Abdulkarim
Sat 7th November 2009
2.00 pm-4.00 pm
Jamia Mosque Multi Purpose Hall

old debts (this includes any type of loans),

household bills, and leave enough money
to pay any living expenses likely that other
members of his family not making Hajj might
need. Finally it is important to complete one's
will (wasiyyah) before departing on Hajj.
Another important step in preparing for Hajj is
the need to prepare physically for the event.
Not only is Hajj a spiritual event, it also requires a lot of physical stamina from the participant. Hajj is not a picnic! Completing the
rites of Hajj includes a lot of walking, mixing
with many people, living in high temperatures
(during summer), and exerting a great deal
of effort. Another important step in preparing physically for Hajj is to make sure you
are medically fit for the trip. Individuals with
chronic health issues need to see their primary care physician in order to discuss any
medical risks that need to be addressed prior
to their Hajj experience.
Another recommendation is that these individuals also travel with a healthy caretaker
in case any problems might arise during the
actual Hajj. In addition, pilgrims must have
the necessary vaccinations required by the
Saudi Government for cholera and meningococcal meningitis. Because of these issues,
it is also important to emphasize that one
should complete Hajj and Umrah as soon as
one is able to both physically and financially.
Some people wait until they are old to go for
Hajj. This is wrong and makes Hajj more difficult than necessary for the participant and
in many cases for his traveling companions.
Performing Hajj as soon as possible corresponds to the Hadeeth narrated by Abdullah
Ibn Abbaas who said: "The Prophet peace be
upon him said: He who intended to perform
Hajj should hasten to do so." [Abu Dawud]
The last pre-logistic preparation centers on
preparing mentally for Hajj. This includes
learning and accepting that the Hajj experience includes frustration, intense desert heat
(during summer), and various differences in
culture and food. The pilgrim can expect to
stand in long lines, be shoved and pushed by
others while completing the necessary rituals, and be in an uncomfortable close proximity to members of the opposite sex.
One purpose of Hajj is for the individual to be
tested. The individual will be tested on physical, emotional, and spiritual levels.
After preparing oneself internally and financially for one of the most important events
in the life of a Muslim, the pilgrim must plan
and make actual logistic decisions regarding
his/her journey. While one can always make
the trip by himself or with a small group of
individuals close to him, in this modern day

HAJJ PRESENTATION
Presentation by various Scholars
Sun. 8th Nov 2009 9.00 am-1 pm
Jamia Mosque Multi Purpose Hall
Organised by Kenya Council of
Imams and Ulamaa (KCIU)

this is not always the best choice. It is not

uncommon for hotels to be fully booked for
at least one year in advance.
Because of these challenges in planning,
many individuals opt to join a travel group
that specializes in Hajj and Umrah tours.
Since not all tour groups are equal and provide the same quality service, there are a
number of items to look for in choosing the
right tour group.
The first thing to look for in a group is the
price of the trip. Most groups offer a variety
of price packages that depend on a variety
of factors. These factors include the type of
hotel, number of people per room, use of private transportation, and whether or not food
is included within the package. Hajj is not the
time to go cheap.
Another factor to consider is the distance of
the hotel accommodations from the Haram
(the Sacred Area). As a rule of thumb, if the
price is too cheap, so is probably the quality
of the package. In other words, the cheaper
the price of the package, the higher the probability of encountering problems during your
Hajj, which in turn, can make for a more difficult Hajj experience.
Another thing to look for is the number of
years of experience of the tour operator.
Generally, experienced operators are the
best since they are able to handle any problems that can and will probably occur during
Hajj or Umrah. Also it is important to make
sure that an experienced leader from the
tour group accompanies the group for Hajj,
since it is not uncommon to loose members
of your group sometimes for hours or even
days. Other problems that often occur include lost or stolen belongings and money,
illnesses that require medical attention, and
the death of a group member. It is important
for the pilgrim to understand that their Hajj
will not be problem free. Problems arise frequently and an experienced tour operator is
needed to handle the situation. When looking for a tour operator, it is important to ask
how they handle problems. If the potential
tour operator tells you that you will have a
problem free Hajj, continue searching for a
better program.
Another important quality of the travel agent
is the degree they are versed in the rules and
regulations of the Hajj process. This includes
helping the pilgrims with the VISA process
from the Saudi Arabian Embassy to understanding the Hajj and Umrah rites from an
Islamic standpoint. For example, in order for
a pilgrim to enter Saudi Arabia, there are certain requirements that need to be met from
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Umm Ibrahim Reverts Centre

New Intake-Application forms
available at Jamia Mosque Library,
Al Aqsa Mosque Kayole and Umm
Ibrahim Centre Kasarani

For details call 0721427280/ 0733721844