“Kadhi (Shari`ah) court is not a secular court,” Sheikh Mohammed Dor, Secretary General of the Council of Imams and Preachers of Kenya (CIPK) told Africa News on Wednesday, October 5.

“They are religious Muslim courts that are guided by the teachings of the Holy Qur’an. The Holy Qur’an contains the commandments of Allah it should not be altered by anyone.”

Kenyan Chief Justice Willy Mutunga has earlier unveiled plans to introduce a post of female magistrate in the Islamic courts.

He said that the move is part of judicial reforms in the African country, a claim rejected by Muslim scholars.

“This is a religious institution not a secular one and therefore it must be treated with respect,” said Sheikh Abdullahi Abdi, chairman of the National Muslim Leaders Forum (NAMLEF).

Abdiladif Shaaban, Director General of the Supreme Council of Kenya Muslim (SUPKEM), was also critical.

“The CJ has to be cautious on such matters.

“There are some Islamic rituals that are conducted in the mosque by men only, so I am urging the Mutunga to desist the move.”

There are nearly ten million Muslims in Kenya, which has a population of 36 million.

Muslims make up nearly 98 percent of the communities of the North Eastern Province.

Defense

But the chief justice defended the move to appoint female judges.

“I am happy about the ongoing debate over women in the Kadhis court and there is no reason as to why they should not be represented,” said Mutunga.

Chief Kahdi Sheikh Ahmad Muhdhar also defended the move.

“Kenya is not the first country to establish such position in its Islamic courts,” he said.

“There are countries like Egypt, Tunisia, Sudan, Turkey among others that recognizes the post of a female magistrate in their Kadhis court,” he said, adding that the work of Kahdi pertains matters of personal status like marriage divorce and inheritance which a woman can handle.

In Kenya, there are 17 Shari`ah courts, known there as Kadhis Courts, where they have existed for centuries.

Kadhis are law officers who deal with disputes relating to the Islamic religion.

They have been posted to Kisumu, Mombasa, Garissa and other parts of the country.

The courts are restricted to deal with Muslims’ personal matters of marriage, divorce and inheritance, and their rulings are applicable only where both parties are Muslims.

Last year, the Shari`ah courts became the center of heated political debate, as Christian leaders were battling to remove the courts, enshrined in the nation's constitution decades ago, from a proposed new constitution.

But the new constitution, approved in 2010, established the Kadhi court system as a subordinate court under the superior courts of Kenya.