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 

EGYPT: VILLAGE CHRISTIANS IN HIDING AFTER CLASH

Violence erupts on mere suspicion of a prayer meeting.

ISTANBUL, June 25 (Compass Direct News) – Nearly 1,000 Coptic Christians in Egypt are hiding in their homes after clashes erupted Sunday (June 21) between them and their village’s majority-Muslim population over the use of a three-story building belonging to the Coptic Church.

When on Sunday at 11 a.m. a group of 25 Christians from Cairo stopped in Ezbet Boshra-East, a village of about 3,000 people three hours south of Cairo by car, few villagers failed to take notice. Planning to visit local Christians and the Rev. Isaac Castor, the group had gathered outside the building owned by the Coptic Church, where the priest lives with his family.

Castor said only six of them had entered the building when Muslim neighbors approached the rest of the group waiting outside and began taunting them. A Muslim woman walked up to one of the visiting women, he said, and slapped her.

Soon village youths gathered and started throwing stones at the visitors and the building, and according to Castor within minutes hundreds of villagers, Muslims against Christians, were fighting each other in the streets of Ezbet Boshra-East. Castor’s car was also vandalized.

“They were all over the streets hitting each other with sticks and their fists,” Castor told Compass from his home by phone. “Some people were on top of buildings throwing stones; it was like a civil war.”

Sectarian tensions have previously flared in the village. Last July, when Castor first moved to Ezbet Boshra-East with his family, Muslims vandalized Christians’ farmlands and poisoned their domestic animals after services took place at the building owned by the church, according to International Christian Concern.

Since last July’s incidents, authorities have stipulated that only two Christians at a time can visit the building, and according to Castor this was the source of the fighting that erupted in front of the building on Sunday. The neighbors thought he was conducting a prayer meeting and not adhering to the rule set by local authorities.

In the violent clash in front of the church-owned building, 17 Christians and eight Muslims were estimated to have been injured. According to various reports, nearly 19 Coptic Christians were arrested and released the following day, along with the injured Muslims.

So far there is no concrete information on how the Christians were treated while in prison. During the arrests of the Christians, police vandalized many of their homes. Egyptian sources told Compass that police often turn the homes of those whom they arrest “upside down.”

Soon after the clashes, electricity and phone services were cut. Electricity was restored after 24 hours, but at press time telephones were still not operating. All communications happen via mobile phones.

Authorities also imposed a 6 p.m. curfew on the entire village, but Castor said Christians were too afraid to come out of their homes and were living off personal food stockpiles. He also said that a number of families had left the village to stay with friends and relatives in nearby towns and villages. Eyewitnesses visiting Ezbet Boshra-East yesterday confirmed that although there were Muslim villagers outside, there were no Christians walking on the streets.

Procedures vs. Tolerance

There is no church building in Ezbet Boshra-East, and so far the Coptic Church has not sought to obtain permission to build one. Nor has it officially applied for permission to use the three-story building as a place of prayer as an official association.

When a reporter from a major Egyptian TV channel asked Castor by telephone whether he had obtained permission for prayer and worship for the building purchased by the church, he responded, “Do I need to have permission if I was called to pray for a sick person?” He admitted in the interview, however, that obtaining permission would help to avoid clashes and that authorities should grant it quickly.

There are other villages around Ezbet Boshra-East, such as Talt three kilometers away, where there are Coptic associations. Also, official churches are established in Ezbet Boshra-West and El Fashn, both 15 kilometers (nine miles) away.

Castor said poor Muslim-Christian relations are reflected in the lack of an area church.

“There is no love or tolerance for each other, and I think this is wrong,” Castor said. “I’m worried about the future. I’m worried about the freedom of religion and the inability to build churches. There is bias. It is unfair and unacceptable that people don’t have the freedom of worship. If the current policies continue, the hate will continue.”

The village-wide violence on Sunday harkened to sectarian violence in Upper Egypt in 2000 in the area of El Kosheh, said Ibrahim Habib, chairman of U.K.-based United Copts.

“This degree of radicalization is a bad sign for the future of Egypt, when there is so much hate for people who are basically peaceful and just want to pray,” said Habib.

Egypt’s constitution provides for freedom of religion and worship under Article 46.

“What’s the value of a statement like this if it is not put into action?” he said of Article 46, adding that when government agencies do not promote freedom of worship but instead “become agents of persecution, they make a mockery of the constitution.”

Habib also expressed dismay that a whole village took umbrage only because they suspected a prayer meeting.

“How can private worship annoy people?” he said. “They are not broadcasting it. This is not fair. I’m really annoyed. They say Islam is tolerant, but is this tolerant? This is not tolerant at all.”

Other Non-Governmental Organizations in Egypt said that they expect reconciliation meetings to take place in Ezbet Boshra-East in the coming weeks.

Report from Compass Direct News

IRAN: ‘APOSTASY’ BILL APPEARS LIKELY TO BECOME LAW

International pressure sought against mandatory death penalty for ‘apostates.’

LOS ANGELES, September 23 (Compass Direct News) – Without international pressure there is little to stop the Iranian government from ratifying a bill that will make “apostasy,” or leaving Islam, a capital crime, say human rights groups and experts.

On Sept. 9 the Iranian parliament approved a new penal code by a vote of 196-7 calling for a mandatory death sentence for apostates, or those who leave Islam. The Christian and Baha’i communities of Iran are most likely to be affected by this decision.

“Unless there is a coordinated and very strong effort from the international community to place pressure on Iran for this, I don’t think there will be anything stopping the Iranian government from passing this legislation,” Joseph Grieboski, founder of the Institute on Religion and Public Policy, told Compass.

The bill still has to make its way through Iran’s policy-making process before it becomes law. Parliament is reviewing it article by article, after which it will be sent to Iran’s most influential body, the Guardian Council, which will rule on it.

The council is made up of six conservative theologians appointed by Iran’s Supreme Leader and six jurists nominated by the judiciary and approved by parliament. This body has the power to veto any bill it deems inconsistent with the constitution and Islamic law.

In the case of the new penal code, however, which appears to be a return to a strict adherence of sharia (Islamic law), sources said they do not expect the Guardian Council to reject the penal code.

The timing of the debate on the penal code is not coincidental, said Grieboski. While the international community is focused on Iran’s nuclear activities, he said, the Iranian government appears to be taunting the West with deliberate human rights violations.

“Because of the nuclear issues, ones like these get put on the backburner, which means that the regime can move with great liberty to install legislation like this with impunity, because the nuclear issue gives them cover,” said Grieboski.

Iran has been criticized for its treatment of Baha’is, Zoroastrians and Christians, who have all suffered under the current regime.

“The Baha’is and the Christians are the ones being used as pawns by the regime in its dance with the West,” said Grieboski. “Iran is a human rights black hole in the middle of the world.”

A source told Compass that when he discussed the apostasy article in the penal code with some of the reformists in Iran’s parliament, they responded by saying they were not aware of the apostasy bill. The source argued that the Iranian government was trying to bury the apostasy article in the 113-page penal code.

“I am not sure there is an adequate means of underscoring how serious this law is in terms of violation of international law and a violation of the fundamental freedom of religion or belief,” said Kit Bigelow of the National Spiritual Assembly of the Baha’is of the United States.

She urged people to write their representatives in their respective governments.

International pressure is crucial if the apostasy bill is to be countered, agreed a Christian source. He recalled how in 2005 Christian convert Hamid Pourmand was acquitted of apostasy as a direct result of international pressure.

“I don’t know who you are, but apparently the rest of the world does,” the presiding judge had told Pourmand, according to media sources. “You must be an important person, because many people from government have called me, saying to cancel your case.”

The news of parliament approving the bill comes on the heels of two Christians being officially charged with apostasy this summer. Mahmood Matin Azad, 52, and Arash Basirat, 44, have been in prison since May 15 and now await their court date.

Although their future and that of other non-Muslims looks grim, some believe this bill is the act of a government desperately trying to hang onto power.

“I have to say the Iranian regime is tightening severely its control over as many aspects of the lives of Iranian people as they possibly can,” said Grieboski. “And that, I think, is the sign of a weakening regime.”

The original penal code was passed into law in 1991 and last amended in 1996.

Report from Compass Direct News