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 

Worship Site Demolished, Pastors Arrested in China

Officials put on alert to use military force against potential “unrest” by churches.

LOS ANGELES, October 7 (CDN) — Following a mob attack on a church in northeastern China and the demolition of their worship site last month, the government put officials on alert to use military force against churches to quell potential “unrest,” according to a leading advocacy group.

Citing reliable government sources, China Aid Association (CAA) reported that the central government on Sept. 26-27 ordered officials in “all relevant government agencies” to prepare to use military force against Christians who might react to the attack on a Fushan Church branch congregation in Linfen city, Shanxi Province. In the wee hours of Sept. 13 some 400 uniformed police and civilians bearing shovels, batons, bricks, iron hooks and other weapons beat members of the church who were sleeping at the nearly finished factory building used as a worship site.

With several Fushan County officials involved in the attack, dozens of Christians were seriously injured among the more than 100 who were hurt, CAA reported. According to the Epoch Times, a church member’s relative obtained a license to build the shoe factory and was allowing the group to meet there, as the church was growing too large to meet in homes and the building could hold up to 400 people.

On Sept. 25 Shanxi Province officers of the Public Security Bureau (PSB) detained nine Fushan Church leaders on their way to Beijing to protest the attack, and the next day authorities placed state military police inside and around the main Fushan Church building in Linfen city, the advocacy organization said.

“To have military police occupy a peaceful church is an unprecedented, tragic development in 60 years of PRC [People’s Republic of China] history, which itself shows the reality of today’s situation regarding religious freedom in China,” China Aid President Bob Fu said in a statement.

Some 5,000 of the 50,000-member Linfen House Church network had worshipped weekly at the main facility, where the central government stationed police to prevent them from entering or holding services.

“Military police now guard the building and the surrounding areas around the clock,” Fu said. “More than 30 daughter churches in nearby townships have been prohibited from gathering to worship in their churches and homes.”

Among the nine Fushan Church leaders arrested without a warrant and held in a secret location was Senior Pastor Wang Xiaoguang and his wife Yang Rongli, according to the CAA.

Other church leaders and members have been placed under house arrest and are now under constant surveillance, Fu said, adding that local authorities confiscated all church computers, TVs and other valuables as “illegal materials.”

The Beijing PSB has labeled the demolition and attack on the Linfen branch church as a response to a “violent uprising,” Fu said. The branch congregation had gathered at the Good News Cloth Shoe Factory, a building still under construction in Fushan County, when the government-led mob attacked and took money, Bibles, clothes and cell phones, among other items, he said.

Fushan PSB officials met with church leaders on Sept. 19 and offered 1.4 million yen (US$20,540) for reparations in exchange for the church not constructing a building for religious purposes, Fu said.

“Under pressure from the central government, the leading Fushan PSB officer expressed a desire to make amends for the agency’s corporate actions, with the goal of preventing any turmoil that could potentially mar the 60th anniversary National Day celebrations,” Fu said in the statement. “Angered by the brutal treatment, but willing to cooperate, the six [church] members raised their concerns, including the continued critical conditions of several hospitalized victims and the destruction of 17 buildings on the factory compound.”

The Christians reached a verbal agreement that the Fushan PSB would pay the reparations fee in exchange for the church not constructing a building, but Fu said continued arrests and state military presence at the main church site confirm the negotiations were insincere, a tactic to delay actions against the central government.

Pastor Arrested

In Beijing, the crackdown ahead of the Oct. 1 National Day included the arrest of a pastor known internationally as a house church rights defender.

PSB and State Security agents from Fengtai district in Beijing seized Pastor Hua Huiqi of Tent-Making Ministry on Sept. 17. That evening his wife, Ju Mei, received a telephone call from him saying PSB agents had forced him into a car on the highway. She received another call a half hour later saying he had been taken to an unknown location before the phone went dead.

That night a Beijing PSB officer, Ding Xu, went to his home to pick up clothes for him and refused to answer his wife’s questions, according to CAA. The director of the PSB’s Domestic Security Protection Squad later told CAA that Hua was still in custody but declined to reveal his condition or whereabouts.

“Hua has been repeatedly arrested, beaten, and interrogated by PSB officials within the last two years, and his family has sacrificed their safety for the lawful defense of human rights,” Fu said in a statement. “Hua’s mother, Shuang Shuying, was released only months ago from her two-year imprisonment for her rights defense work.”

Report from Compass Direct News