Push for Islamic Courts in Kenya Alarms Christians


Emergence of Somali-related Islamic extremists puts authorities on high alert.

NAIROBI, Kenya, February 11 (CDN) — A constitutional battle to expand the scope of Islamic courts in Kenya threatens to ignite religious tensions at a time when authorities are on high alert against Muslim extremists with ties to Somalia.

Constitutional provisions for Islamic or Kadhis’ courts have existed in Kenya since 1963, with the courts serving the country’s coastal Muslim population in matters of personal status, marriage, divorce, or inheritance. Kenya’s secular High Court has jurisdiction over civil and criminal matters, and even a decision in the Islamic courts can be appealed at the High Court.

The Islamic courts have functioned only in Kenya’s Coast Province, but in a hotly debated draft constitution, their jurisdiction would expand across the nation and their scope would increase. The proposed constitution has gathered enough momentum that 23 leaders of churches and Christian organizations released a statement on Feb. 1 asserting their opposition to any inclusion of such religious courts.

“It is clear that the Muslim community is basically carving for itself an Islamic state within a state,” the Kenyan church leaders stated. “This is a state with its own sharia [Islamic law]- compliant banking system; its own sharia-compliant insurance; its own Halaal [lawful in Islam] bureau of standards; and it is now pressing for its own judicial system.”

Muslim leaders are striving to expand the scope of Islamic courts to include civil and small claims cases. They also want to upgrade the Muslim tribunals to High Court status. These demands have alarmed Christians, who make up 80 percent of the population and defeated a similar proposal in a 2005 referendum. Muslims make up 10 percent of Kenya’s 39 million people, 9 percent of the population follows indigenous religions and less than 1 percent are Hindu, Sikh and Baha’i.

The National Council of Churches of Kenya (NCCK) said the Committee of Experts (CoE) responsible for “harmonizing” drafts from various stakeholders ignored their concerns. The committee was responsible for determining what matters would be unduly “contentious” and was charged with keeping them out of the draft.

“We wrote to them, but we have been ignored,” said the Rev. Canon Peter Karanja, NCCK general secretary. “Who told the CoE that Kadhis’ courts were not contentious?”

Saying the committee ignored the crucial requirement of omitting what is “contentious,” Karanja said it did little to build consensus. He said that unless the Islamic courts are stricken from the constitution, Christians might be forced to reject the document in a national referendum later this year.

Muslim leaders, just as stridently, insist that recognition of the Islamic courts does not elevate Islam over other religions, and that if the courts are removed they will shoot down the draft in the referendum.

The 2005 referendum split the country and was followed by a bitterly disputed presidential election in 2007 that sparked rioting, reportedly leaving 1,300 people dead. The election dispute was resolved with one candidate becoming president and the other prime minister, and at the heart of the proposed constitution is an attempt to transfer presidential powers to the prime minister.

Christian leaders point out that the “Harmonized Draft” of the constitution discriminates against non-Muslims and contradicts its own Article 10 (1-3), which states that there shall be no state religion, that the state shall treat all religions equally and that state and religion shall be separate. They see the attempt to expand the scope of the Islamic courts as part of a long-term effort by Muslims to gain political, economic and judicial power.

Muslim leaders claim that inclusion of the Islamic courts in the new constitution would recognize “a basic religious right” for a minority group. Some Muslim extremists have said that if Islamic courts are removed from the draft constitution, they will demand their own state and introduce sharia.

Extremists Emerge

The constitutional issue erupted as security officials went on high alert when sympathizers of the Islamic terrorist al Shabaab militia appeared in a protest in mid-January to demand the release of radical Muslim cleric Abdullah Al-Faisal, who had entered the country on Dec. 31.

Al-Faisal, imprisoned from 2004 to 2008 after a British court convicted him of soliciting murder and inciting hatred, is on a global terrorism list. Government spokesman Alfred Mutua said Al-Faisal has been known to recruit suicide bombers and was arrested for violating terms of his tourist visa by preaching. He was reportedly deported to his native Jamaica on Jan. 21.

Eyewitnesses to the protests in Nairobi told Compass one demonstrator clad in fatigues, with his face masked by a balaclava, waved the black flag of the al-Qaeda-linked al Shabaab militia and passed his finger across his throat in a slitting gesture, taunting passersby.

Officials from the Council of Imams and Preachers of Kenya and from Muslims for Human Rights defended the demonstrations as legitimate to condemn violation of Al-Faisal’s rights. At least one person died as the protests turned violent, and Internal Security Minister George Saitoti said five civilians and six police officers were injured, with one security officer wounded from a bullet said to be shot by a demonstrator.

Al Shabaab-affiliated operatives appear to have targeted Christians in Kenya, according to an Internet threat in December by a group claiming to align itself with the Islamic extremist militia seeking to topple Somalia’s Transitional Federal Government. In an e-mail message with “Fatwa for you Infidels” in the subject line to Christian and governmental leaders in Kenya, a group calling itself the Harakatul-Al-Shabaab-al Mujahidin threatened to kill Muslim converts to Christianity and those who help them.

“We are proud to be an Islamic revolutionary group, and we are honored to be affiliated with Al Qaeda, a group of honest Muslims in which we share long-term goals and the broad outlines of our ideologies, while focusing on our efforts on attacking secular and moderate governments in the Muslim world, America and Western targets of opportunity and of course Uganda, Ethiopia, Burundi and Kenya if they do not stop their assistance to the Somali fragile and apostate government,” the group wrote in the e-mail. “Although we receive support for some of our operations, we function independently and generally depend on ourselves…”

The group threatened to shake the Kenyan government “in minutes,” calling it the “the most fragile target in the world.”

The emergence of al Shabaab and its sympathizers in Kenya coincides with the swelling of the Somali population in the country to 2.4 million, according to the August 2009 census.

Report from Compass Direct News 

Christians Most Hit by Religious Freedom Violations


Mob succeeds in getting local official to shut down HKBP church in West Java.

JAKARTA, Indonesia, January 21 (CDN) — A moderate Muslim research institute focusing on interfaith issues in Indonesia reported 35 cases of government violations of religious freedom – including 28 against Christians – and 93 instances of community intolerance of churches in 2009.

The Wahid Institute issued a year-end report of violations that included the revocation of the building permit for the HKBP Cinere Church – later overturned in court – opposition to a Catholic Church in Purwakarta and an order forbidding worship by the Filadelfia Huria Kristen Batak Protestan Church (HKBP) in Bekasi, West Java.

The highest number of violations occurred in West Java, with 10 cases, including seven against Christians; next was East Java with eight, including four against Christians, followed by Jakarta Province with four (three against Christians). In Central Java, two of three religious violation cases were against Christians, and in West Nusa Tenggara, one of the three violations violated Christians’ rights.

Government infractions included closing churches and failing to intervene in mob actions. Police were cited in 18 cases, provincial governments in eight, village and sub-district governments in six cases each and courts in two incidents.

Just as government violations were highest in West Java, community intolerance there was also highest with 32 cases, of which 14 were against Christians. Next was Jakarta, where eight of 15 cases of community intolerance were against Christians, then East Java where six of 14 cases hurt Christians. In Central Java, Christians were the victims in five of the 13 cases of community intolerance.

In West Java, the root problem is the spread of hatred against religious groups, including Christians and Jews, according to the report.

While the reported violations of religious freedom were lower than in 2008, the issue of religious intolerance continued to grow during 2009, aided by legislative and presidential elections as religion is often used to gain votes in Indonesian elections, according to the study. The overall figure of 128 cases of violations of religious freedom by government or society in 2009 represents a drop from the 2008 figure of 234 cases, according to the Wahid Institute.

Yenny Zanuba Wahid, director of the institute, told Compass that the government has not considered freedom of religion an important issue that needed attention. As a result, the government has not addressed reports of intolerance even in the face of international pressure.

“The government has been timid to acknowledge violations of religious freedom, but these are real and are carried out directly by government bodies or indirectly as a result [of government] policies,” Wahid said.

Muslims make up 88.2 percent of Indonesia’s population of about 240 million people, with Protestant Christians making up 5.9 percent, Catholics 3.1 percent, Hindus 0.8 percent, Buddhists 0.2 percent, and other religions 0.2 percent.

Church Closure

In West Java, mob efforts to shut down the Filadelfia Huria Kristen Batak Protestan Church (HKBP) in Bekasi succeeded on Dec. 31 when the district officer issued a decree ordering a stop to all worship activities at the site of the church building under construction.

The decree ordered that the construction of the building stop, and that the structure not be used for worship until the building permit process was final. The district officer based his recommendation upon a 1990 rule regarding building permits in Bekasi.

Tigor Tambubolon, head of the church building committee, acknowledged that the building permit had not been formally granted even though the process had been under way since 2000.

“We already have the permission of the Jejalen citizens,” Tambubolon told Compass. “That’s why we were brave enough to hold Christmas Eve services.”

Last Christmas Eve hundreds of protestors demanding a halt to worship demonstrated against services at the site, where 279 Christians had gathered.

A New Year’s service scheduled to take place at the site moved to the office of the village head due to fears that protestors would become unruly. Police Chief Herry Wibowo said his officers guarded the church site at that time.

The Rev. Palti Panjaitan of Filadelfia HKBP told Compass that the church had been worshipping in the area since 2000 by meeting at various members’ homes. As the congregation grew, they rented a building combining a home and store in Vila Bekasi 2 Tambun.

“The local citizens demonstrated against our worship services,” said Panjaitan. “From there we moved to a member’s home in Jejalan village. We profited because the Jejalan citizens were very good.”

Eventually the church bought a piece of land there. A number of the community leaders and the village head gave their agreement to build the Filadelfia HKBP church there.

The Interfaith Harmony Forum of Bekasi district gave approval for the building with the stipulation that the church obey a joint ministerial decree revised in 2006 regarding construction of houses of worship. The building committee obtained signatures of 259 non-Christians endorsing the project, though the joint decree required only 60 signatures. Then the building committee wrote a formal request for a building permit.

Church elder Tambubolon, however, added that a sub-district officer collected signatures from citizens opposed to the construction of a house of worship in Jejalan. The total number of signatures is unknown, but the sub-district office sent a letter to the district officer rejecting the building permit.

Nevertheless, Tambubolon said, the church is not considering a lawsuit over the district officer’s decree.

“We are going to continue worshipping, because it is the right of every citizen,” he said. “If we are forbidden to worship even in the village office, we will continue to do so.”

Report from Compass Direct News