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 

Muslims in Bangladesh Seize Land Used by Church


Bengali-speaking settlers file case against Christians; one threatens, ‘I will finish your life.’

DHAKA, Bangladesh, September 1 (CDN) — Bengali-speaking, Muslim settlers have seized five acres of abandoned government property used by a church and falsedly charged Christians with damaging the land in southeastern Bangladesh’s Khagrachari hill district, Christian leaders said.

Kiron Joti Chakma, field director of Grace Baptist Church in Khagrachari district, told Compass that the settlers had taken over the church building and the five acres of land in Reservechara village in June and filed a case on Aug. 4 against five tribal Christians. The Bengali-speaking Muslims had come from other areas of Bangladesh in a government resettlement program that began in 1980.

“In the case, the settlers mentioned that the Christians had cut the trees and damaged the crops on their land and that they should pay 250,000 taka [US$3,690] as compensation,” said Chakma. “We cultivated pineapple in the land around the church. But the settlers damaged all of our pineapple trees and built two houses there.”

The government has allowed the Christians to use the land. Tribal leaders said that land-grabbing in the area hill tracts, undulating landscape under Dighinala police jurisdiction 300 kilometers (186 miles) southeast of the Dhaka, began again during the army-backed interim government of 2007-2008.

“It is still continuing, and our demands to stop land-grabbing do not rate very high with the administration and law enforcement agencies,” said one of the accused, 32-year-old Mintu Chakma.

When he went to the police station regarding the false case filed against the Christians, he said, the leader of the Bengali settlers was there and threatened him in front of officers, telling him, “I can devour dozens of people like you – I will finish your life.”

Church leaders have informed a nearby army camp of the seizure. Military officers said they would take action, but they have done nothing so far, Christians said.

“Our leaders informed the army zone commander, and he assured us they would take necessary action, but nothing has happened so far against those land grabbers and arsonists,” said 25-year-old Liton Chakma (Chakma is the name of the tribe), one of the Christians accused in the Grace Baptist case.

The Muslim settlers had burned a Seventh-day Adventist Church building in 2008 in Boachara village, close to the Grace Baptist Christians’ village, in an effort to frighten tribal people away from becoming Christian, said Liton Chakma. He told Compass that Bengali settlers had also hindered their attempt to construct the church building in August in 2007.

“Many new believers saw nothing had happened to the arsonists, and many of them reverted to their previous Buddhism,” he said. “The army and local administration allowed them to run wild. They always threaten to beat us and file cases against us.”

Mintu Chakma said that Muslim settlers seized a garden next to his house in 2007.

“They not only destroyed my pineapple garden, but they built a mosque there,” he said.

Land Ownership

Local police inspector Suvas Pal told Compass that neither tribal people nor Bengali settlers were the owners of that land. It is government-owned, abandoned land, he said.

“The Bengali settlers claim that the land was assigned to lease to them, but we did not find any copy of lease in the deputy commissioner’s office,” said Pal. “On the other hand, the tribal people could not show any papers of their possession of the land.”

Investigating Officer Omar Faruque told Compass that the Muslim settlers had built two houses there, though they did not live there or nearby.

“I told the Bengali settlers that if they [tribal Christians] worship in the church there, then do not disturb them,” said Faruque.

Dipankar Dewan, headman of the tribal community, told Compass that the tribal Christians have an historical claim to the land.

“The land belonged to the forefathers of tribal Christians, so they can lay claim to the property by inheritance,” said Dewan.

During conflict between tribal people and Bengali people in the hill tracts, the tribal people left the country and took shelter in neighboring India, leaving much of their land abandoned. Bengali settlers took over some of the land, while the government leased other tracts to Bengali settlers, Dewan said.

“Many lands of the tribal people were grabbed in the hill tracts in the two years of state-of-emergency period of the previous army-backed, interim government,” he said. “Those Bengali settlers tried to grab the land during the tenure of the army-backed, interim government.”

Members of the Shanti Bahini, tribal guerrillas who fought for autonomy in the hill tracts, ended a 25-years revolt in the Chittagong Hill Tracts area in 1997 under a peace treaty in which the government was to withdraw troops and restore land acquired by settlers to local tribesmen.

Some 2,000 Shanti Bahini guerrillas surrendered their weapons following the 1997 treaty. But the tribal people say many aspects of the treaty remain unfulfilled, including restoration of rights and assigning jobs to them.

The guerrillas had fought for autonomy in the hill and forest region bordering India and Burma (Myanmar) in a campaign that left nearly 8,500 troops, rebels and civilians killed.

Recently the Awami League government ordered one army brigade of nearly 2,500 troops to pull out from the hill tract, and the withdrawal that began early last month is expected to be completed soon. Four brigades of army are still deployed in the hill tracts comprising three districts – Rangamati, Khagrachari and Bandarban.

Report from Compass Direct News 

FAITH AND ASSURANCE: Bishop J. C. Ryle


READER,

If you are a thoughtless, careless man about your soul, you will take no interest in the subject of this tract. Faith and assurance are mere names and words to you: they are neither land, nor money, nor horses, nor dress, nor meat, nor drink: like Gallio, you care not for them. Alas, poor soul! I mourn over you. The day will come when you will think differently.

Reader, if you really desire to go to heaven, and to go there in the Bible way you will find the subject of this tract of the deepest importance. Believe me, your own comfort in religion, and your peace of conscience, depend exceedingly on understanding the matter about which I am going to speak. I say then, that faith in Christ, and a full assurance of being saved by Christ, are two distinct things.


A man may have saving faith in Christ, and yet never enjoy an assured hope, like the Apostle Paul. To believe, and have a glimmering hope of acceptance, is one thing; to have joy and peace in our believing, and abound in hope, is quite another. All God’s children have faith: not all have assurance. I think this ought never to be forgotten.


I know some great and good men have held a different opinion: I believe that many excellent ministers do not allow the distinction I have stated; but I desire to call no man master. I dread as much as anyone the idea of healing the wounds of conscience slightly; but I should think any other view than that I have given a most uncomfortable gospel to preach, and one very likely to keep souls back a long time from the gate of life.


I would not desire to make one contrite heart sad that God has not made sad, or to discourage one fainting child of God, or to give a soul the impression that you have no part or lot in Christ, except you feel assurance. I do not shrink from saying, that by grace a man may have sufficient faith to flee to Christ, really to lay hold on Him, really to trust in Him, really to be a child of God, really to be saved; and yet to his last day be never free from much anxiety, doubt, and fear.


“A letter,” says an old writer, “may be written which is not sealed; so grace may be written in the heart, yet the Spirit may not set the seal of assurance to it.”


A child may be born heir to a great fortune, and yet never be aware of his riches, live childish, die childish, and never know the greatness of his possessions.


And so also a man may be a babe in Christ’s family; think as a babe, speak as a babe, and, though saved, never enjoy a lively hope, or know the full privileges of his inheritance.


Faith in the Lord Jesus Christ a man must have, beyond all question, if he is to be saved. I know no other way of access to the Father: I see no intimation of mercy excepting through Christ. A man must feel his sins and lost estate, must come to Jesus for pardon and salvation, must rest his hope on Him and on Him alone. But if he only have faith to do this, however weak and feeble that faith may be, I will engage, from Scripture warrants, he shall not miss heaven. Never, never let us curtail the freeness of the glorious gospel, or clip its fair proportions. Never let us make the gate more strait, and the way more narrow, than pride or love of sin have made it already. The Lord Jesus is very pitiful and of tender mercy. He does not regard the quantity of faith, but the quality He does not measure its degree, but its truth. He will not break any bruised reed, nor quench any smoking flax. He will never let it be said that any perished at the foot of the cross. “Him that cometh unto Me,” He says, “I will in no wise cast out” (John vi. 37). 1


Yes, reader! though a man’s faith be no bigger than a grain of mustard seed, if it only brings him to Christ, and enables him to touch the hem of His garment, he shall be saved: saved as surely as the oldest saint in paradise; saved as completely and eternally as Peter, or John, or Paul. There are degrees in our sanctification: in our justification there are none. What is written is written, and shall never fail: “Whosoever believeth on Him,” not whosoever has a strong and mighty faith, “Whosoever believeth on Him shall not be ashamed” (Rom. x. 11).


But all this time, I would have you take notice, the poor soul may have no full assurance of his pardon and acceptance with God. He may be troubled with fear upon fear, and doubt upon doubt. He may have many a question and many an anxiety, many a struggle, and many a misgiving, clouds and darkness, storm and tempest to the very end.


I will engage, I repeat, that bare simple faith in Christ shall save a man, though he may never attain to assurance; but I will not engage it shall bring him to heaven, with strong and abounding consolations. I will engage it shall land him safe in harbour, but I will not engage he shall enter that harbour under full sail, confident and rejoicing. I shall not be surprised if he reaches his desired haven weather-beaten and tempest-tossed, scarcely realising his own safety till he opens his eyes in glory.


Reader, I believe it is of great importance to keep in view this distinction between faith and assurance. It explains things which an inquirer in religion some times finds it hard to understand.


Faith, let us remember, is the root, and assurance is the flower. Doubtless you can never have the flower without the root; but it is no less certain you may have the root and not the flower.


Faith is that poor trembling woman who came behind Jesus in the press and touched the hem of His garment (Mark v. 25). Assurance is Stephen standing calmly in the midst of his murderers, and saying, “I see the heavens opened, and the Son of man standing on the right hand of God” (Acts vii. 56). Faith is the penitent thief crying, “Lord, remember me” (Luke xxiii. 42). Assurance is Job sitting in the dust, covered with sores, and saying, “I know that my Redeemer liveth” (Job xix. 25). “Though He slay me, yet will I trust in Him” (Job xiii. 13).


Faith is Peter’s drowning cry as he began to sink: “Lord, save me!” (Matt. xiv. 30). Assurance is the same Peter declaring before the Council, in after times, “This is the stone which was set at nought of you builders, which is become the head of the corner. Neither is there salvation in any other: for there is none other name under heaven given among men, whereby we must be saved” (Acts iv. 11,12).


Faith is the anxious, trembling voice: “Lord, I believe; help my unbelief” (Mark ix. 24). Assurance is the confident challenge: “Who shall lay anything to the charge of God’s elect? Who is he that condemneth?” (Rom. viii. 33, 34).


Faith is Saul praying in the house of Judas at Damascus, sorrowful, blind, and alone (Acts ix. 11). Assurance is Paul, the aged prisoner, looking calmly into the grave, and saying, “I know Whom I have believed,” “There is laid up for me a crown” (2 Tim. i. 12; iv. 8).

Faith is life. How great the blessing! Who can tell the gulf between life and death? And yet life may be weak, sickly, unhealthy, painful, trying, anxious, worn, burdensome, joyless, and smileless to the very end.

Assurance is more than life. It is health, strength, power, vigour, activity, energy, manliness, and beauty.

Reader, it is not a question of saved or not saved that lies before us, but of privilege or no privilege, it is not a question of peace or no peace, but of great peace or little peace, it is not a question between the wanderers of this world and the school of Christ, it is one that belongs only to the school, it is between the first form and the last.

He that has faith does well. Happy should I be if I thought all readers of this tract had it. Blessed, thrice blessed are they that believe: they are safe; they are washed; they are justified. They are beyond the power of hell. Satan, with all his malice, shall never pluck them out of Christ’s hands. But he that has assurance does far better, sees more, feels more, knows more, enjoys more, has more days like those spoken of in Deuteronomy, even “the days of heaven upon the earth” (Deut. xi. 21). 2

Reader, whoever you may be, I exhort you never to be satisfied with anything short of a full assurance of your own salvation. With faith, no doubt, you must begin, with simple, child-like faith: “Believe on the Lord Jesus Christ, and thou shalt be saved.” But from faith go on to assurance. Rest not till you can say, “I know Whom I have believed.”

Believe me, believe me, assurance is worth the seeking. You forsake your own mercies when you rest content without it. The things I speak are for your peace. It is good to be sure in earthly things; how much better is it to be sure in heavenly things!

Make it then your daily prayer that you may have an increase of faith. According to your faith will be your peace. Cultivate that blessed root more, and sooner or later, by God’s blessing, you may hope to have the flower. You may not perhaps attain to full assurance at once: it is good sometimes to be kept waiting; we do not value things that we get without trouble. But though it tarry, wait for it. Seek on, and expect to find.

 

FOOTNOTES:

1 “He that believeth on Jesus shall never be confounded. Never was any; neither shall you, if you believe. It was a great word of faith spoken by a dying man, who had been converted in a singular way, betwixt his condemnation and execution: his last words were these, spoken with a mighty shout ‘Never man perished with his face towards Jesus Christ.’”  Traill.

2 “The greatest thing that we can desire, next to the glory of God, is our own salvation; and the sweetest thing we can desire is the assurance of our salvation. In this life we cannot get higher than to be assured of that which in the next life is to be enjoyed. All saints shall enjoy a heaven when they leave this earth: some saints enjoy a heaven while they are here on earth.” Joseph Carlyle. 1658.

SHARIA COURTS OPERATING IN BRITAIN RECOGNISED BY BRITISH LAW


Rowan Williams, the archbishop of Canterbury and head of the Church of England, said he was shocked at the furor that arose after he told an audience earlier this year that he thought it “seems unavoidable” that some accommodation for Islamic sharia law would be implemented in Britain. However, Williams’ statements evidently were prophetic, as a report in the Sunday Times has revealed that the Islamic law is already operating in Britain, not only in domestic disputes, but also in criminal cases, reports Hilary White, LifeSiteNews.com.

The Times said this weekend that the government had officially accepted the existence of sharia law courts to officiate in Muslim civil cases. The rulings of a network of five sharia courts, in London, Birmingham, Bradford and Manchester with the network’s headquarters in Nuneaton, Warwickshire, are now enforceable “with the full power of the judicial system, through the county courts or High Court.”

Sheikh Faiz-ul-Aqtab Siddiqi, a barrister and head of the Muslim Action Committee, told the Times that the Arbitration Act 1996 allows rulings by his Muslim Arbitration Tribunal to be enforced by county and high courts.

“The act allows disputes to be resolved using alternatives like tribunals. This method is called alternative dispute resolution, which for Muslims is what the sharia courts are,” he said.

Siddiqi said he expected the courts to handle a greater number of “smaller” criminal cases in coming years as more Muslim clients approach them. “All we are doing is regulating community affairs in these cases,” said Siddiqi.

The Times said that these Muslim courts started operating in August 2007 and have dealt with more than 100 cases, ranging from Muslim divorce and inheritance cases as well as six cases of domestic violence, normally a criminal procedure under British law. The Times quoted Inayat Bunglawala, assistant secretary-general of the Muslim Council of Britain, who said that since Jewish tribunals operate in Britain, parity should be given to Islamic courts.

Dominic Grieve, the opposition’s shadow home secretary, told the Times that courts operating in criminal and family law cases outside the regular system would be “unlawful.” “British law is absolute and must remain so,” he said.

Melanie Philips, writing on her blog at the Spectator, wrote that “confusion abounds” over the report, because there is “nothing new here at all” and said that the story is “overheated and misleading.” Decisions of sharia courts, she said, have always been enforceable under the Arbitration Act.

But, she said, this does not “dispel the serious concern about the spread of sharia law and the scope of these courts.” Philips is the author of “Londonistan”, a book that examines the incursions of violent Islamic extremists into British society with the assistance of British government and courts.

She said the comparison between Islamic courts and Jewish tribunals were misleading, since the latter operate completely within the framework of British law and do not seek to set up an alternate judicial system.

Moreover, she said, “given the inferior status of Muslim women under sharia, any sharia arbitration in respect of domestic violence can hardly be viewed with equanimity.”

“The key point,” she said, “is that sharia law is not compatible with English law or the principles of equality and human rights that it embodies. The result … is that Britain is allowing the development of a de facto parallel legal system in Britain, thus destroying our society’s cardinal principle of one law for all.”

She added, “Indeed, if this continues Britain will break up as a unitary state governed by one law for all … This is the way a society fractures – and then goes under.”

Damian Thompson, the editor of the Catholic Herald, wrote on his blog at the Daily Telegraph website that he not only agreed with Dominic Grieve that the idea of a parallel Muslim system of law was “unlawful”, but that it is an “outrage.”

“There’s something creepy about the way the police allow sharia ‘courts’ to persuade women to withdraw allegations against their husbands.”

A BBC Radio 4 report found that the cases covered by these tribunals are not restricted to domestic disputes. Radio 4 quoted a Somalian youth worker who lives in London who said that in one case a group of Somali youths were arrested on suspicion of stabbing another Somali teenager. The victim’s family told the police it would be settled out of court and the suspects were released on bail. The matter was considered settled when an unofficial “court” ordered the assailants to compensate the victim’s family. Scotland Yard said they had no record of the incident.

In his book Islam in Britain, Patrick Sookhdeo, director of the Institute for the Study of Islam and Christianity, wrote, “Sharia courts now operate in most larger cities, with different sectarian and ethnic groups operating their own courts that cater to their specific needs according to their traditions.”

Report from the Christian Telegraph