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 


Christian lobbyists in the UK are calling a pending EU directive that would introduce a policy similar to Britain’s Sexual Orientation Regulations to all member states, a “threat to religious freedom.” Pro-family activists fear that the inclusion of sexual orientation as a protected grounds for discrimination may leave European Christians and others vulnerable to legal actions, reports Hilary White, LifeSiteNews.com.

The proposed directive aims to outlaw discrimination in the provision of goods and services and may also outlaw ‘harassment.’

Critics have also said that the directive would mean that countries which legally recognise same-sex civil partnerships would be required to expand their provisions to include homosexual adoption. It is also feared that the directive’s definition of harassment is so broad that even explanations of Christian beliefs on sexual conduct or those of other religions like Islam, could fall foul of the law.

In April 2008, the BBC reported that the directive had been “shelved.” Jan Jarab of the Employment Department of the Commission told the BBC that “signals” from some member states indicated that there would not be the required unanimous consent on a blanket anti-discrimination law that would include “sexual orientation.”

In May 2008, however, the European Parliament issued a memo reminding MEPs of the “commitment to put forward a comprehensive directive covering disability, age, religion or belief and sexual orientation.”

Accordingly, the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) last week voted to approve the final version of its report on the issue. This will now go to the EU Parliament for a vote in early April on whether to adopt the report as its own recommendations on the directive. Power to enact, amend or reject the directive lies with the Council of the European Union, a body composed of government representatives from each of the 27 member states.

The Christian Institute, the UK’s most prominent Christian lobby group, argues that similar laws in the UK and other nations have caused serious erosion of religious liberty and the exclusion of Christianity from the public sphere.

The Christian Institute called the “harassment” provision one of the “most alarming” aspects of the proposed legislation. The directive defines it as the creation of an “intimidating, hostile, degrading, humiliating or offensive environment.”

(With files from the Christian Institute)

Report from the Christian Telegraph

CRICKET: HE’S GONE – Matthew Hayden Retires

With the writing seemingly on the wall as far as his continued selection in the Australian test team was concerned, Matthew Hayden today retired from representative cricket effective immediately.

As I have been saying for some time (including on this Blog) it is well past time for Matthew Hayden to be dropped from the Australian side and/or for him to retire. His form just didn’t warrant his further inclusion in the team.

Without doubt Hayden was a brilliant player and a cricket star for Australia in the past, but those days have been gone for some time and it was sad to see a player’s decline live on cricket fields around the world and especially at home. Thankfully Matthew Hayden didn’t continue on with his stated intention of continuing to play for Australia – for both Australia and for himself.

Well done Matthew Hayden on a brilliant career and best wishes for the future.


I have been saying it for some time now – both on and off this Blog – the Australian test cricket team is in decline and coming back to the field. The recent test series results against India, New Zealand and now South Africa seem to show that it is indeed so. It had to happen – just as it happened to the world dominating West Indian team of yesteryear. Teams rise to the top and come back to the mix as another rises to the top.

Which is the top team now? Is it South Africa or is it India? England pretended to make a claim for the top ranking a little while back, but these two teams seem far more serious in their respective attempts. A test series between these two teams will perhaps show us the answer.

In the mean time it is likely that South Africa will defeat Australia in the current test series in Australia to the tune of 3 – 0. That is my prediction.

The ridiculous inclusion of Andrew Symonds while injured in the last test match came home to bite Australia when Brett Lee went down injured. Lee now appears to be out injured for some time and will join Stuart Clark on the sidelines – as will Andrew Symonds belatedly. Shane Watson will also be on the sidelines and his inclusion in the last team is as bewildering as that of Symonds, given that Watson was also injured and requires surgery.

It seems incredible to me that the replacements coming into the Australian team are simply those replacing injured players. The inclusion of Doug Bollinger is one that I have thought logical for some time, while Ben Hilfenhaus and Andrew McDonald are unexpected in my view.

If the selectors are going to keep Mitchell Johnson and Peter Siddle (which I suspect is a given), then I would also include Bollinger and Hilfenhaus, as well as McDonald. Who would go to make room for these three? Lee and Symonds (as well as Watson) have already been forced out due to injury. I would put Hilfenhaus in ahead of Nathan Hauritz. We just don’t have a spinner that currently cuts it at international level.

The selection that really bothers me is that of keeping Matthew Hayden in the side – if the selectors don’t know that it is time for him to go then surely Matthew Hayden must know! Even if he scores a reasonable or big score in the final test it is time for Hayden to make way for Phillip Hughes. Hayden has done little to justify his continual selection in the test team for some time and it is now becoming a sad tragedy to see this former great test opener heap embarrassment upon himself and the national team with each failure. It seems any big scores are now punctuated by a plethora of insignificant contributions with the bat from Hayden.

And one other thing – the attempt by Mike Hussey to take that skier in the last test – if you can’t see it in the sun there is little he can do about it. It looked embarrassing but there was little Hussey could do to change what was. The bigger concern for Hussey is his own poor form in the batting department. He must begin to contribute more soon too or he also could face the chop.

BELOW: The Michael Hussey attempted catch

BELOW: Graeme Smith speaks to Mark Taylor after South Africa won the second test and the series


The assembly of the Anglican Parishes of the Central Interior (APCI) has requested its bishop, Gordon Light, to allow clergy whose conscience permits to bless civilly-married gay couples where at least one party is baptized. The assembly passed the motion when it met Oct. 17 to 19, reports Anglican Journal.

A notice of a similar motion was filed at the synod of the diocese of Ontario but was declared out of order by the diocesan bishop, George Bruce, who acted on the advice of the diocesan chancellor (legal advisor). The ruling was appealed at the synod held Oct. 16 to 18 but was upheld by a majority vote of delegates.

At the APCI assembly, Bishop Light gave concurrence to the motion but suspended any action pending consultations with the Canadian house of bishops, which meets Oct. 27 to 31 to discuss, among others, how best to respond to renewed proposals for moratoria on the blessing of same-sex unions, the ordination of persons living in same-sex unions to the episcopate, and cross-border interventions.

Since the 2007 General Synod four dioceses have already passed similar motions – Ottawa, Montreal, Niagara, and Huron. The diocesan synod of New Westminster approved same-sex blessings in 2002.

Of the 50 clergy and lay delegates at the APCI assembly, 36 voted yes (72 per cent), 10 voted no (20 per cent), and four (8 per cent) abstained. APCI is composed of 18 parishes (including 35 congregations) which was constituted after the former diocese of Cariboo closed its diocesan office in 2001 because of financial pressures surrounding lawsuits about abuse at the St. George’s Indian Residential School in Lytton, B.C.

“We had a very respectful discussion. All voices were heard,” said Rev. Susan Hermanson, rector of St. Peter’s Anglican church in Williams Lake, who moved the motion. She said that approval of the motion “allows us to accept gays and lesbians fully as part of our family and, as in all families, we can disagree with one another and still be part of the family.”

In a telephone interview, she added that the motion was also meant to “take a reading” of where APCI was on the issue. She noted that in 2000, the diocesan synod of Cariboo had approved a motion affirming the full inclusion of gay and lesbian couples in the life of the church. Since then, parishes have been discussing and studying the issue further, she said. “We have, in fact, been discussing this issue for the last 30 years now,” she said.

In her written background and explanation, Ms. Hermanson noted that APCI “is a diverse community and therefore respects and honours those who, because of their theological position or as a matter of conscience, cannot agree with the blessing of same-sex unions.”

Anglicans opposed to same-sex blessings believe that homosexuality is contrary to scripture and to Anglican teaching. To date, 14 of about 2,800 congregations have left the Canadian Anglican church over theological disagreements over homosexuality. These churches have joined a group called the Anglican Network in Canada (ANiC) and placed themselves under the episcopal oversight of the primate of the Southern Cone, Archbishop Gregory Venables.

Report from the Christian Telegraph


Frustrated Muslim demand for larger autonomous region in Mindanao could lead to war.

DUBLIN, October 6 (Compass Direct News) – Militant Islamists in the southern island of Mindanao have stepped up their attacks on majority-Christian villages following the failure of a peace agreement that would have enlarged an existing Muslim autonomous region there.

With Muslim commanders of the Moro Islamic Liberation Front (MILF) in the southern Philippines yesterday saying ongoing support from the international community was necessary to prevent a full-scale war breaking out in Mindanao, both Muslim and Christian residents in the disputed territories were fearful of what the future might hold.

“The problem is that many people living in these areas don’t want to be part of a Muslim autonomous region,” a source in Mindanao who preferred to remain anonymous told Compass.

“The closer you get to these zones, the more nervous people are,” he said. “The town of Kolambugan, where most of the fighting took place in mid-August, became a virtual ghost town for a while. It had a population of 25,000. But people are slowly returning to their homes.”

A Christian family from the area said many people were afraid to sleep at night because they kept hearing reports that they would be attacked at midnight.

“When MILF forces attack Christian villages, Muslim neighbors are afraid that Christians will retaliate against them, even though they have nothing to do with the violence,” the source added. “This has happened in the past.”

He also explained that some moderate Muslims are drawn to support the MILF because the rebels claim the Christians have stolen their ancestral homelands. Communities in Mindanao often struggle with extreme poverty.

“If MILF is successful in gaining control over these lands, the people assume that their economic situation will improve,” he said. “So although they want the fighting to stop, they sympathize with the MILF.”

While the conflict is primarily political, religion plays a significant role. As a member of the Moro Youth League stated in an Aug. 5 national television interview in the Philippines, “As a Muslim, in order to live in a righteous way, you need to be living under sharia [Islamic] law and with an Islamic government. We believe we have the right to fight for this.”

Other Youth League members on the program agreed that sharia was a primary objective of autonomy, and that Islam was the only “real path of doing anything in this world.”


Violence Erupts

Some 2,000 MILF supporters yesterday held a protest march in Marawi city, Lanao del Sur, appealing to the United Nations and the Organization of the Islamic Conference to compel the Philippine government to revive the aborted peace agreement that would have enlarged the existing Muslim autonomous region in the south.

Breakaway MILF commanders on Aug. 18 attacked several majority-Christian villages after the Supreme Court prevented the Aug. 5 signing of the Memorandum of Agreement on Ancestral Domain (MOA-AD). The agreement potentially would have given the MILF power to establish an Islamic state governed by sharia law.

Christian leaders in Mindanao appealed to the Supreme Court when they realized that if they voted against inclusion in the proposed Bangsamoro Juridical Entity (BJE), their majority-Christian villages would become small islands in the midst of MILF-administered territory. As a result, they feared, they would be forced to move elsewhere.

Incensed by the 11th-hour stalling of the agreement, three MILF commanders on their own initiative led attacks against towns in North Cotabato and Lanao del Norte provinces on Aug. 18, burning homes, seizing livestock and killing at least 37 people. Another 44,000 residents immediately fled the area.

When some Christian residents armed themselves in defense, Secretary of Interior Ronaldo Puno warned that anyone carrying weapons would be disarmed.

The MILF has only 11,000 active fighting men, according to local estimates. But by Aug. 20, the National Disaster Coordinating Council had reported a total of 159,000 people displaced by the rebel attacks.

The Philippine army quickly retaliated, sweeping villages in an attempt to seize the rebel commanders.

After two weeks of violent clashes, the Philippine government officially abandoned the MOA-AD. Spokeswoman Lorelei Fajardo said President Gloria Macapagal-Arroyo would seek a new agreement based on consultation with legislators and local politicians rather than negotiations with the MILF.

Furthermore, the government would concentrate on the “disarmament, demobilization and rehabilitation” of MILF cadres, Fajardo said.

In response, MILF leaders rejected any renegotiation of the peace deal with Arroyo’s administration.


Overcoming Prejudice

An opinion piece in the Wall Street Journal (WSJ) on Aug. 7 stated that the MOA-AD would only reinforce prejudices between Christian and Muslim communities.

Under the agreement, WSJ claimed, the government would further divide Mindanao into Muslim and Christian enclaves, increasing the likelihood of territorial disputes. Separating Muslims from the rest of Philippine society, it stated, would encourage a vision already held by MILF to help create a pan-Islamic state covering several countries in the region, including Malaysia, Indonesia and Singapore.

Finally, the WSJ said, less Philippine control of Mindanao would “invite even more terrorist activity in an area that already has strong ties to al Qaeda.”

While there are proven terrorist leanings in groups such as the MILF and the Abu Sayyaf, not all area Muslims approve of or engage in such activities.

Camilo Montesa, a key figure in peace negotiations, in his blog on Aug. 30 described an encounter with a young man who believed that Muslim residents would readily seize property from Christians once the BJE were formed.

Others told Montesa that, “Muslims were scouting and marking the big houses of Christians in Cotabato and staking a claim over them in anticipation of the signing of the peace agreement.”

“The hearts and minds of the people are the battlefields, and not some hill or base camp,” Montesa concluded. “There is a limit to what arms and war can produce … It is unfortunate that we are so divided as a people at this point in our national life.”


Reclaiming ‘Ancestral Domains’

As Islamic identity strengthened in the Middle East after World War II – and as many Philippine Muslims traveled to study in Middle Eastern countries – certain sectors of the Bangsamoro population became committed to reclaiming “ancestral domains.”

Their claims dated back to the rule of the Sultanate of Sulu, which existed prior to Spanish colonial rule in the 1500s, and the establishment of the Commonwealth of the Philippines in 1935. When the last sultan died in 1936, the fledgling Philippine government refused to recognize his heir, effectively eradicating the traditional Bangsamoro power base.

When the Philippines became a republic in 1946, its constitution allowed for the establishment of an autonomous region in Muslim Mindanao. Initially the Moro National Liberation Front (MNLF) fought alone for this autonomous territory; in 1977, however, MNLF member Hashim Salamat – who had studied in Saudi Arabia – and his followers seceded from the movement and founded the rival MILF.

The Philippine government signed an agreement with the MNLF in January 1987, and territories were added to the resulting Autonomous Region of Muslim Mindanao (ARMM) through a series of plebiscites or referendums in 1989, 2001, 2002 and 2006.

MILF commanders later laid claim to a further 712 villages outside the ARMM.

Negotiations between the government and the MILF began in earnest in June 2001. Both parties were to formally sign the resulting MOA-AD on Aug. 5, a deal which could have led to the creation of the separate Bangsamoro Juridical Entity, or fully-functioning state, replacing the ARMM by 2010.

When details of the agreement were leaked to the press, however, Christian politicians in regions of Mindanao affected by the agreement appealed to the Supreme Court, which in turn issued a temporary restraining order on the signing of the agreement on Aug. 4.

Report from Compass Direct News