GENDER RESPONSIVENESS of the MUSLIM ADJUDICATION SYSTEM in UGANDA December 2016

GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA December 2016

CURRENT CONTEXT AND POSSIBILITIES FOR IMPROVEMENT MUSLIM CENTRE FOR JUSTICE AND LAW

Gender Responsiveness of the

A Research Report

By Dr. Zahara Nampewo

Commissioned by

MUSLIM CENTRE FOR JUSTICE AND LAW (MCJL)

December 2016

CURRENT CONTEXT AND POSSIBILITIES FOR IMPROVEMENT

2 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

Gender Responsiveness of the Table of Contents Page

List of Acronyms 2 Executive Summary 3

PART I. Introduction and Context of the Research Study 6 A Research Report i. Implementing Agency: MCJL 6 ii. General Country Context on Human Rights and Gender in Uganda 7

iii. Access to Justice and Gender Equality 7

PART II. Access to Justice: General Principles and Islamic Standards 10 By Dr. Zahara Nampewo i. Justice and Access to Justice 10 ii. Islamic Law on Administration of Justice 11 iii. Islam in Uganda 12 iv. National Legal Framework on Muslim Dispute Resolution Systems 13

PART III. Gender Justice 15 i. Understanding Gender 15 Commissioned by ii. Gender and Justice Mechanisms 16 iii. Islam and Gender Justice 17

PART IV. Muslim Adjudication Processes and Gender Justice in Uganda 18 i. Functionality of Muslim Adjudication Mechanisms 18 ii. Responsiveness to Gender 21 iii. Procedures of Accountability and Transparency 25 MUSLIM CENTRE FOR JUSTICE AND LAW (MCJL) iv. Good Practices 25

v. Enhancing Justice. The Work of MCJL 26

December 2016 vi. Lessons from Other Jurisdictions 29 vii. Conclusion and Recommendations 30

Annex A: TORs 33 Annex B: Interview Guide for Key Informants /FGDs 38 Annex C: List of Respondents 39

Annex D: List of Documents Reviewed 40

CURRENT CONTEXT AND POSSIBILITIES FOR IMPROVEMENT

1 MUSLIM CENTRE FOR JUSTICE AND LAW

Acronyms

ACHPR African Charter on Human and Peoples Rights

CEDAW Convention on Elimination of all Forms of Discrimination Against Women

CEDOVIP Centre for Domestic Violence Prevention

DGF Democratic Governance Facility

DPC District Police Commandant

DRB Domestic Relations Bill

IBEACo Imperial British East African Company

ICCPR International Covenant on Civil and Political Rights

ICESCR International Covenant on Economic, Social and Cultural Rights

IUIU Islamic University in Uganda

JLOS Justice Law and Order Sector

LDC Law Development Centre

MCJL Muslim Centre for Justice and Law

NAPW National Action Plan for Women

UDHS Uganda Demographic Household Survey

UMSC Uganda Muslim Supreme Council

UPE Universal Primary Education

URSB Uganda Registration Services Bureau

VAW Violence Against Women

2 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

Acronyms Executive Summary

I. Overview: Rationale and Methodology for the Research Study ACHPR African Charter on Human and Peoples Rights Women’s ability to access, utilize and benefit from justice mechanisms is dependent upon their ability to access information about these services as well as supportive non-discriminative services. It is particularly CEDAW Convention on Elimination of all Forms of Discrimination Against Women important for muslim women in Uganda to access services within the muslim adjudication systems because these are usually low cost and accessible for this part of society who are more likely to experience CEDOVIP Centre for Domestic Violence Prevention economic disadvantage and be less able to pay for services provided within the formal justice system.

According to the 2014 census, about 14% percent of the population of Ugandans are Muslims (mainly DGF Democratic Governance Facility Sunni). That is a fairly substantial part of Uganda’s population whose needs must be addressed accordingly in order to ensure social harmony. Administration of muslim matters is organised under the Uganda DPC District Police Commandant Muslim Supreme Council (UMSC) whose organizational structure runs from grassroots to the national level through community mosques, counties, muslim districts, the Executive, Magilis Ulamma and the DRB Domestic Relations Bill General assembly as the top policy making body. The structure has been acknowledged as one which ensures a swift flow of information to the community.

IBEACo Imperial British East African Company The UMSC currently has programmes in health, HIV/AIDS, reproductive health targeting youth and Dawa programmes among others. The UMSC further administers an adjudication mechanism that resolves ICCPR International Covenant on Civil and Political Rights conflicts such as marital disputes. In fact, the UMSC currently issues divorce certificates for marriages contracted under Shariah. Additionally, muslim officials such as Imams and Qadhis within communities ICESCR International Covenant on Economic, Social and Cultural Rights undertake conflict resolution in line with Shariah law and issue binding agreements. These practices are in line with a constitutional mandate which permits Qadhis courts to adjudicate matters like marriage, divorce, inheritance and guardianship. IUIU Islamic University in Uganda

However, it should be noted that the establishment of Qadhi courts as provided under Article 129 of the JLOS Justice Law and Order Sector constitution is not yet implemented by the Parliament. Since 1964, the government of Uganda has been debating bills in various iterations that would reform and consolidate laws relating to marriage, separation, LDC Law Development Centre and divorce amongst its diverse religious and ethnic communities. Drafted in 2003, the Domestic Relations Bill (DRB) attempted to address these issues, but failed to pass into legislation. After its withdrawn from Parliament in 2005, the Domestic Relations Bill was split into two parts: the Marriage and Divorce Bill and MCJL Muslim Centre for Justice and Law the Muslim Personal Law/Qadhis Courts Bill. This was because the DRB attracted varied reactions from the muslim population about its implications on continued free worship as outlined under the Qur’an. To NAPW National Action Plan for Women date, the muslim population adjudicates conflicts through an informal justice system that is largely unregulated and whose treatment of marginalised groups such as women is undocumented. UDHS Uganda Demographic Household Survey This research, which was commissioned by the Muslim Centre for Justice and Law (MCJL) interrogates UMSC Uganda Muslim Supreme Council the responsiveness and sensitivity of the existing muslim adjudication system for female users, and makes the case for formalization and enhancement of performance especially of qadhi courts. The research was field based and gives voice to both muslim clerics providing adjudication services as well as male and UPE Universal Primary Education female users of the system. The research also graphically illustrates problems with the current adjudication system, especially in light of challenges faced by women. URSB Uganda Registration Services Bureau The research therefore makes a case for reform, to formalize the qadhi courts, strengthen the oversight VAW Violence Against Women and resourcing capacity of the Uganda Muslim Supremec Council (UMSC) and build the capacity of users on Islamic law on adjudication and gender.

Methodology. This study report provides an objective and updated understanding of the situation of gender implementation within muslim adjudication processes, taking into consideration existing opportunities and resources with a view to enhancement of human rights and gender equity for female users of the muslim adjudication system. It was undertaken by two legal consultants; Dr. Zahara Nampewo and Mrs. Berna Nadia Bakidde Kiberu between 27 September – 23 October 2016 in the districts of Mpigi, Butambala and Kampala. Secondary data was generated from a desk review mostly of research reports

3 MUSLIM CENTRE FOR JUSTICE AND LAW

and MCJL’s project documents see Annex D on list of documents reviewed e des ree as suppemented uatate ocus roup dscussons s t enecares o te musm adjudcaton sstem as e as oneonone nteres t e staeoders noed n te project see Annex C for list of Persons Interviewed). ed sts ere carred out n a project stes – Mp utamaa and ampaa

eport tructure e report s dded nto our parts art es an ntroducton and contet o te researc enronment n anda art dees nto te enera prncpes o access to justce ot under mundane as e as samc a e art eps readers to understand te concept o ender justce Last te report concudes n art t an assessment o te perormance o musm adjudcaton sstem as e as ts senstt to ender t aso maes some stratec recommendatons

ummar o ndns

e esearc ndns e messae comn trou rom a staeoders and enecares s tat te musm adjudcaton sstem s useu especa or emae memers o oca communtes and t s a ort compment to te orma justce sstem djudcators ncudn ads and mams are e rearded and most act n ood at to resoe dsputes tn te oca communtes concts oeer orn as norma structures couped t nadeuate trann and resourcn as compromsed ter uat o serces or nstance documentaton and case records are amost nonestent ecept at te MC eaduarters urtermore adjudcators ae not receed muc trann on aspects suc as medaton ender euat and prncpes o nondscrmnaton s s e true not on n te stud areas coered ut a oer anda e ca s or ormaaton o ad courts trou operatonaaton o te Musm ersona La and adeuate resourcn capact udn and montorn te anda Musm upreme Counc

e ecommendatons

numer o recommendatons arse t reard to enancn ender eut n musm adjudcaton sstems n anda

ort erm

ere s mted noede most users o te musm adjudcaton sstems on samc as and prncpes on dspute resouton as e as rts and dutes o derent staeoders Memers o te puc soud e empoered to apprecate te responstes o ot men and omen n te am arranement as e as te mandate o ad courts MCJL n coaoraton t oter actors suc as MC soud contnue to enae t te puc on tese aspects ere s a need to armone samc a and c a especa n nstances ere tere s potenta or a conct eteen te to or een ause trou deerate msnterpretaton s one step toards ts MCJL soud compe consensus postons on controersa musm ssues suc as ae o marrae return o Mar and domestc oence s ep n dssemnaton o noede aout sam ut urter or toards natonde standardaton and etter protecton o unerae roups trou unorm standards c e easer to enorce

n terms o denn appcaton o sara a MCJL needs to undertae deerate steps to senstse te puc and especa users o te musm justce sstem aout te mpcatons o te Darausi Tebandeke v Lugolobi Saidat case c run cares tat te Marrae o Moamedans ct ues e jursdcton to mastrate courts to undertae dorces o musm marraes

MCJL soud urter tae steps to protect unerae ooers o te samc at senstn communtes on orma ea reurements suc as te need or documentaton o marraes so as to prode proo oten reured n ea proceedns s ncudes restraton o marraes and

4 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

and MCJL’s project documents see Annex D on list of documents reviewed e des ree as acuston o certcaton as e as certcaton o rt and deat te atter en etreme useu suppemented uatate ocus roup dscussons s t enecares o te musm adjudcaton in cases of contested paternity of children or management of deceased’s estates. sstem as e as oneonone nteres t e staeoders noed n te project see Annex C for list of Persons Interviewed). ed sts ere carred out n a project stes – Mp utamaa and ampaa MCJL soud partner t te ua pportuntes Commsson C c as te natona eport tructure e report s dded nto our parts art es an ntroducton and contet o te mandate or unerae and marnased roups to strenten te capact o emae users o te researc enronment n anda art dees nto te enera prncpes o access to justce ot under musm adjudcaton sstem mundane as e as samc a e art eps readers to understand te concept o ender justce Last te report concudes n art t an assessment o te perormance o musm adjudcaton Lon erm sstem as e as ts senstt to ender t aso maes some stratec recommendatons MJCL soud strateca enae t oter actors suc as te Justce La and rder ector JL ummar o ndns anda La eorm Commsson LC arament and te Mnstr o Justce and Consttutona ars MoJC n pusn or te enanctment o te Musm ersona La and resutant operatonaaton o ad courts e esearc ndns e messae comn trou rom a staeoders and enecares s tat te musm adjudcaton sstem docac or enactment o te Musm ersona La soud t te oon aspects o s useu especa or emae memers o oca communtes and t s a ort compment to te orma te a as en cruca or te protecton o unerae roups justce sstem djudcators ncudn ads and mams are e rearded and most act n ood at to resoe dsputes tn te oca communtes concts oeer orn as norma structures couped ➢ Mnmum oatons or one to contract a marrae s soud ncude some udance t nadeuate trann and resourcn as compromsed ter uat o serces or nstance on minimum economic status and specify, for example, requirement to prove one’s documentaton and case records are amost nonestent ecept at te MC eaduarters urtermore at to prode eac e t a separate ome n cases o poam adjudcators ae not receed muc trann on aspects suc as medaton ender euat and prncpes ➢ eurement to rester marraes o nondscrmnaton s s e true not on n te stud areas coered ut a oer anda e ➢ Mnmum ee o educaton and oter uacatons or ads persons ocatn oer ca s or ormaaton o ad courts trou operatonaaton o te Musm ersona La and ad courts ot eer musm t some ee o sara a or t te roe o adeuate resourcn capact udn and montorn te anda Musm upreme Counc mam soud automatca ua to e a ad s ensure some ees o competence and uat assurance e ecommendatons ➢ e reurement to noe omen n resouton o dsputes n ad courts especa tose non emae contestants ➢ eurement or perodc and rereser trann or mams and ads numer o recommendatons arse t reard to enancn ender eut n musm adjudcaton sstems n anda MCJL soud or to strenten te capact o te MC to undertae oerst montorn resourcn and uat assurance o ad courts as e as ud ss on counsen medaton and ort erm ender eut

ere s mted noede most users o te musm adjudcaton sstems on samc as and MCJL soud support MC to moe resources to support oca mosues n adjudcatn cases prncpes on dspute resouton as e as rts and dutes o derent staeoders Memers o ncudn aoances or mosue ads and estasment o record eepn mecansms te puc soud e empoered to apprecate te responstes o ot men and omen n te am arranement as e as te mandate o ad courts MCJL n coaoraton t oter actors s a a o denn puc noede aout samc a MCJL soud ot nddua as e as suc as MC soud contnue to enae t te puc on tese aspects n coaoraton t oter nsttutons undertae enera senstaton semnars ut more ere s a need to armone samc a and c a especa n nstances ere tere s potenta specca support a restructurn o a academc prorams at unerst ee so as to ud te or a conct eteen te to or een ause trou deerate msnterpretaton s one step capact o ea personne n dean t musm reated ssues adocates to adse ter cents toards ts MCJL soud compe consensus postons on controersa musm ssues suc as ae approprate and judca ocers to proper nterpret samc a n accordance t emern o marrae return o Mar and domestc oence s ep n dssemnaton o noede trends n socet aout sam ut urter or toards natonde standardaton and etter protecton o unerae roups trou unorm standards c e easer to enorce

5 MUSLIM CENTRE FOR JUSTICE AND LAW

PART ONE: Introduction and Context of the Research Study

ntroduction his part includes an overvie of the uslim entre for ustice and a as the ey implementing partner in this study and then highlights the general context of the environment of access to ustice and gender equality in ganda.

. mplementing gency uslim entre for ustice and a

he uslim entre for ustice and a is a ocal onovernment rganiation formed in to promote and advance ustice, tolerance and human rights in ganda. n partnership ith the emocratic overnance acility , ors toards enhanced access to ustice. Under its ‘Access to Justice’ component, sees to chec discriminatory practices in the muslim informal ustice system through capacity uilding of oth providers and eneficiaries of ustice, empoering and interesting the clerics of adhi courts to adudicate cases ithin the confines of the las of ganda, as ell as providing primary and secondary legal aid to indigent persons in oth civil and criminal cases. he ey proect eneficiaries are uslim qadhi court adudicators including clerics sheihs, vulnerale memers in the uslim community including omen and children and inmates in rural prisons.

eteen eptemer – ctoer , conducted a research on the gender responsiveness of the muslim adudication system to provide an oective, updated and accurate understanding of the situation of gender implementation ithin adudication processes, taing into consideration existing opportunities and resources ith a vie to enhance the oservance of human rights principles and gender equity for users of the muslim adudication system.

pecific ectives of the research ere

i. o generate an overvie of the extent to hich uslim adudication systems integrate gender in their programming analysis, design, implementation, monitoring and evaluation ii. o assess the level of understanding and current capacity of appreciation of asic gender theories ithin uslim adudication centres. iii. o amass an evidence ase of data, lessons learned and good practices that can e harnessed to inform discussions in the area of gender programming, and inform the design of gender responsive interventions in the adudication system iv. o mae appropriate recommendations on interventions oth short term and long term that could address gender based vulnerabilities and reinforce women and girls’ resilience through increased access to decision maing and leadership opportunities. v. o mae appropriate recommendations on interventions oth short term and long term that could address hindrances faced y those ho are poor vulnerale and marginalised.

ethodology. he evaluation too place eteen eptemer to ctoer y r. ahara ampeo and rs. erna adia aidde ieru, oth legal consultants. A “mixed methods” approach as utilised, engaging a participatory mode in data collection. n extensive literature revie as undertaken of documents generated by MCJL’s Access to Justice project, as well as related reports from the ider and muslim adudication sector. onsultations through intervies ere conducted ith muslim leadership and policy maers so as to ascertain policy and resourcing issues for muslim ustice mechanisms. ther persons consulted include mams, sheihs and other muslim clerics. sers of the adudication processes ere also reached through ocus roups iscussions s and oneonone intervies. nfortunately, attempts to reach all the different muslim groupings sunni, shiah, hmadiyyah muslims ere unsuccessful. ome of these groups are small and very closed.

6 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

PART ONE: Introduction and Context of the Research Study . eneral Country Context on uman ights and ender in Uganda Uganda is a member of the United ations eneral Assembly and has signed and ratified most of the ntroduction major human rights instruments at the international and regional level. Most crucial is the nternational his part includes an overvie of the uslim entre for ustice and a as the ey implementing Covenant on conomic ocial and Cultural ights CC signed on January , the nternational partner in this study and then highlights the general context of the environment of access to ustice and Covenant on Civil and olitical ights CC on June and the nternational Convention on the gender equality in ganda. limination of all orms of iolence Against omen CA which was signed on July . At the egional Level, Uganda is a member of the African Union and the ast African Community and has . mplementing gency uslim entre for ustice and a ratified the African Charter for uman and People’s Rights (ACHPR) on 10 May 1986. he country also signed the Additional rotocol to the African Charter on uman and eoples ights on the ights of he uslim entre for ustice and a is a ocal onovernment rganiation formed in omen in Africa Maputo rotocol in July . to promote and advance ustice, tolerance and human rights in ganda. n partnership ith the emocratic overnance acility , ors toards enhanced access to ustice. Under its ‘Access to Justice’ owever, there is a slow pace of implementation of ratified treaties with several standards at the component, sees to chec discriminatory practices in the muslim informal ustice system through international and regional levels not yet incorporated in national legislation. Also, Uganda’s reporting to capacity uilding of oth providers and eneficiaries of ustice, empoering and interesting the clerics of international bodies is sporadic. For instance, Uganda’s reporting under the CA leaves a lot to be st nd adhi courts to adudicate cases ithin the confines of the las of ganda, as ell as providing primary desired. Of the 7 reports submitted since the treaty’s ratification, 6 have been combined. The 1 and th th th th and secondary legal aid to indigent persons in oth civil and criminal cases. he ey proect eneficiaries reports were jointly submitted in June while the , , , reports were submitted as a merged are uslim qadhi court adudicators including clerics sheihs, vulnerale memers in the uslim draft in ecember . At the same time, there is a lack of clarity on responsibility for reporting between community including omen and children and inmates in rural prisons. the line ministries of oreign Affairs and that of ender, resulting into blurred responsibilities and delayed submissions. urthermore, there is low awareness to both the existence and content of treaties such as eteen eptemer – ctoer , conducted a research on the gender responsiveness of the CA and the Maputo rotocol and very low use of international treaty bodies and mechanisms such muslim adudication system to provide an oective, updated and accurate understanding of the situation as the CA Committee, the U pecial apporteur on iolence Against omen or the AU pecial of gender implementation ithin adudication processes, taing into consideration existing opportunities apporteur on the ights of omen in Africa. Uganda has also delayed to ratify a number of key protocols and resources ith a vie to enhance the oservance of human rights principles and gender equity for including the ptional Protocols to the CEDAW, which compromises the full observance of women’s users of the muslim adudication system. rights in the country.

pecific ectives of the research ere ational Legislative and olicy ramework. At the national level, Uganda has made progress in ratifying and domesticating several international instruments and has what is regarded by many as a progressive i. o generate an overvie of the extent to hich uslim adudication systems integrate gender constitution Concluding Comments of the CEDAW to Uganda’s third period report (CEDAW/C/SR.575 in their programming analysis, design, implementation, monitoring and evaluation and . he constitution incorporates a gendersensitive approach to the definition of ii. o assess the level of understanding and current capacity of appreciation of asic gender theories discrimination on the grounds of sex, in harmony with the CA Convention and guarantees the ithin uslim adudication centres. euality of men and women and freedom from discrimination Article . he Constitution goes further iii. o amass an evidence ase of data, lessons learned and good practices that can e harnessed to provide for eual rights in marriage Article , affirmative action for marginalied groups Article to inform discussions in the area of gender programming, and inform the design of gender and places the rights of women at the forefront of the legal and development agenda Article . responsive interventions in the adudication system hese legislative reforms have translated into some progress in the realization of women’s rights including iv. o mae appropriate recommendations on interventions oth short term and long term that increased protection of women’s rights on specific aspects such as harmful sociocultural practices, eual could address gender based vulnerabilities and reinforce women and girls’ resilience through recognition of women before the law and increased numbers of women representatives at various elected increased access to decision maing and leadership opportunities. and appointed positions. v. o mae appropriate recommendations on interventions oth short term and long term that could address hindrances faced y those ho are poor vulnerale and marginalised. . Access to Justice and ender uality

ethodology. he evaluation too place eteen eptemer to ctoer y r. ahara Access to justice is one of the most important basic human rights that is crucial to ensure that a range of ampeo and rs. erna adia aidde ieru, oth legal consultants. A “mixed methods” approach other human rights are met. Uganda’s Constitution Article reflects the standards established under as utilised, engaging a participatory mode in data collection. n extensive literature revie as the nternational Covenant on Civil and olitical ights Article , CC for a fair, prompt and public undertaken of documents generated by MCJL’s Access to Justice project, as well as related reports from hearing by a competent, independent and impartial tribunal established by law. he Constitution also the ider and muslim adudication sector. onsultations through intervies ere conducted ith obliges tate arties to put in place functional and competent mechanisms that ensure access to justice muslim leadership and policy maers so as to ascertain policy and resourcing issues for muslim ustice for all persons. mechanisms. ther persons consulted include mams, sheihs and other muslim clerics. sers of the adudication processes ere also reached through ocus roups iscussions s and oneonone Challenges to Access to Justice espite these constitutional guarantees, access to justice remains a mirage intervies. nfortunately, attempts to reach all the different muslim groupings sunni, shiah, hmadiyyah for the majority of people living in Uganda and especially for marginalised groups such as women. he muslims ere unsuccessful. ome of these groups are small and very closed. services of private legal practitioners are too expensive for most, while the existing formal mechanisms are over burdened with heavy caseloads. n for instance, there was a growth in cases registered in court, even with . disposal rate of registered cases in the judiciary JL, . he environment for accessing justice is further constrained by aspects such as the fact that formal justice services remain in the urban areas and central region of the country and are expensive, creating both physical and economic

7 MUSLIM CENTRE FOR JUSTICE AND LAW

barriers that may result in victims or users choosing to relinuish their rights in pursuing formal ustice options. Additionally, there is low awareness of rights and low confidence in the udicial system. Thus, for the majority of Uganda’s population who are poor and vulnerable persons, interfacing with legal processes can be a formidable tas, daunting at best. Predictably therefore, facts such as the aforementioned ustify the establishment of other sources of ustice such as adhi courts.

Women’s challenges to Justice. There are many factors that mae women in Uganda more vulnerable than men in accessing ustice services. These include aspects such as lower levels of education. The introduction of Universal Primary Education (UPE) in 199 has not resulted into gender parity in education due to the high drop out rate and low completion levels for girls. Further, girls are more affected by early marriages, pregnancies, absence of gender sensitive sanitation facilities in schools, preferential treatment to boys as opposed to girls in accessing education, family responsibilities, financial constraints and seual harassment in schools. ac of education compromises women’s ability and confidence to utilise formal ustice systems.

Another hindrance to women’s access to justice is iolence Against Women (AW) which is wide spread in Uganda across ethnic, social, educational, and religious groups and is caused by an imbalance between men and women that is rooted in gender norms and attitudes. All forms of violence against women are common in Uganda including seual violence, physical, emotional and psychological, socioeconomic and harmful traditional practices. According to the 006 Uganda Demographic Household Survey (UDHS), 59.6 of women had eperienced physical violence since the age of 15 committed by either their husband or partner with the rate higher in rural areas at 61. n fact, the 010 Concluding Observations made by the Committee on the Elimination of Discrimination against Women note with concern the prevalence of domestic and seual violence against women and girls in Uganda. The Committee noted that such violence appears to be socially legitimized and accompanied by a culture of silence and impunity (CEDAW Committee, Concluding Observations Uganda 010, para , p. 5). Another study done by the Centre for Domestic iolence Prevention (CEDOP) in 011 found that up to 70 of men, compared to 60 of women felt that a man is ustified to beat his partner. The study further discovered that in 011 alone, there were over five million episodes of violence against women (CEDOP 011). Wife beating is premised on social practices such as bride wealth, early marriage and polygamy. n a society such as this, women are unliely to see ustice against their partners in fear of violence.

Women are also marginalized in inheritance rights. Discriminatory practices persist in regard to women’s land rights, despite the government’s recent adoption of a national law on land, the Land Act of 2010, designed to improve women’s access to land and grant them the right to manage their property. Culturally, decisionmaing powers are typically granted to men. A 011 Chronic Poverty Research Centre report indicates that only 6.1 of widows inherited the maority of assets after their spouses died. Even where there are wills, customs in some instances seem to override the wishes of the testator because custom and culture are very influential and respected. Further more, custom and culture are enforced largely by the male elders of the community who comprise of clan leaders. The lac of representation of women on influential decision maing organs is synonymous with the patriarchal nature of the Ugandan society and wors to deprive women of their inheritance rights.

astly, another aspect to note is that of low enoyment of economic rights by women. Women continue to face constraints related to access to, control over and ownership of businesses and productive resources such as land and credit. There is also limited employment of women in sillbased industries and this further constrains women’s income potential. According to the UDHS 006, 0 of women receive no payment for their wor versus 1 of men and 50 of the employed women wor in the lowest three paying sectors that often do not reuire highly silled labour (agriculture, household, and mining and uarrying) as compared to of the men. More importantly for women is access to land, the biggest asset and factor of production in Uganda. ess than 10 of registered land is owned by women whereas they comprise the maority of the labour force in the agricultural sector. n fact, less than 0 of women involved in agriculture control outputs from their efforts. The limited enoyment by women of access to factors of production such as land and incomes in turn negatively affects their confidence,

8 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

barriers that may result in victims or users choosing to relinuish their rights in pursuing formal ustice empowerment and ability to tae decisions to see justice, especially if such decisions involve domestic options. Additionally, there is low awareness of rights and low confidence in the udicial system. Thus, for disputes. the majority of Uganda’s population who are poor and vulnerable persons, interfacing with legal processes can be a formidable tas, daunting at best. Predictably therefore, facts such as the aforementioned ustify n conclusion, despite the progresses made especially on the legal and policy fronts, women in Uganda the establishment of other sources of ustice such as adhi courts. have a long way to go before full realisation of gender euality.

9 MUSLIM CENTRE FOR JUSTICE AND LAW

PART TWO: Access to Justice: General Principles and Islamic Standards

ntroduction his part includes an introduction to principles of access to justice under international law and then eplains the aspects of the slamic system of adjudication of Justice

. Justice and Access to Justice

Justice is an ideal of accountability and fairness in the protection and vindication of rights and the prevention and punishment of wrongs. t implies regard for the rights of the accused, for the interests of victims and for the wellbeing of society at large. t is a concept rooted in all national cultures and traditions and is especially important during adjudication of disputes. Adjudication is defined as the process of resolving a dispute through the formal giving or pronouncing of a judgment or decree in a court proceeding. his definition implies that a complaint was raised, the claims of each of the parties taen into consideration during a hearing and a judgment made before a competent and impartial judicial officer.

n appreciating the concept of justice, no discussion, articulation, conceptualiation and evaluation of the machinery of justice has any meaning unless it centrally addresses the uestion of accessibility to justice or the lac of it. Access to justice is recognied as one of the most important basic human rights without which it is not possible to realie many of the human rights, whether they be civil or political, or social and economic. t is guaranteed by international human rights law the Universal Declaration of uman ights 1 and other international treaties to which the overnment of Uganda is signatory. n particular, Article 1 of the nternational ovenant on ivil and olitical ights provides for access to justice and the right to a fair trial.

Uganda provides guarantees for access to justice both through formal and informal justice mechanisms in Articles 2, 2, 0, 12, 12 and 12 of its constitution. he constitution mandates that in the determination of any matter regarding the rights of a person, there should be a fair hearing within a reasonable time by an independent and impartial tribunal established by law.

While the administration of justice usually implies formal judicial mechanisms, such as formal courts and tribunals, traditional dispute resolution mechanisms are eually relevant. he latter is described as a system of largely ritish jurisprudence in ommonwealth countries that sets specific definitions of offences, rights, obligations, remedies and particular process of its administration. n the other hand, traditionalinformal justice is heavily inclined towards reconciliation and dispute resolution. raditional dispute resolution practices are carried out at the community level and vary from one place to the net. here are, however, commonalities in the approaches. or eample, aspects of trust, voluntarism, truth, compensation, restoration and reconciliation are essential forms of traditional dispute resolution mechanisms.

A national survey undertaen in 200 on access to justice in Uganda lists the following criteria as important for any access to justice mechanism

• Affordability and Efficiency provides cheap, fast and prompt service delivery . his fulfills the principle of economic accessibility. • Fairness and Sensitivity responsiveness to all social categories, including the poor, women, youth and disabled. his fulfills the principles of euality and participation and non discrimination. • Accessibility – able to serve persons within local communities. • Impartiality and Accountability free of corruption and bribery, are independent and function within acceptable ethics. • Competence provides adeuate technical capacity of personnel.

10 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

PART TWO: Access to Justice: General Principles and Islamic • Effectiveness – • Has force of Law – Standards

ntroduction his part includes an introduction to principles of access to justice under international law and then eplains the aspects of the slamic system of adjudication of Justice

. Justice and Access to Justice asl Sunnah Hadiths Justice is an ideal of accountability and fairness in the protection and vindication of rights and the prevention and punishment of wrongs. t implies regard for the rights of the accused, for the interests of fiqh fiqh victims and for the wellbeing of society at large. t is a concept rooted in all national cultures and traditions and is especially important during adjudication of disputes. Adjudication is defined as the process of resolving a dispute through the formal giving or pronouncing of a judgment or decree in a court proceeding. his definition implies that a complaint was raised, the claims of each of the parties taen into consideration during a hearing and a judgment made before a competent and impartial judicial officer. It has been stated by various scholars as derived from the Holy Qur’an that Islam presents a

Article 1 of the nternational ovenant on ivil and olitical ights provides for access to justice and the right to a fair trial.

Uganda provides guarantees for access to justice both through formal and informal justice mechanisms in (Subhana wa ta’aala) and the Sunnah of the Holy Prophet Muhammad (PBUH). Administration of justice Articles 2, 2, 0, 12, 12 and 12 of its constitution. he constitution mandates that in the determination of any matter regarding the rights of a person, there should be a fair hearing within a ility of dispensation of justice is performed in accordance with the Qur’an and Sunnah, with reasonable time by an independent and impartial tribunal established by law.

While the administration of justice usually implies formal judicial mechanisms, such as formal courts and tribunals, traditional dispute resolution mechanisms are eually relevant. he latter is described as a system of largely ritish jurisprudence in ommonwealth countries that sets specific definitions of offences, The Arabic word Qada’ denotes administration of justice i.e to decide or adjudicate between the rights, obligations, remedies and particular process of its administration. n the other hand, Qadi means ‘judge’ traditionalinformal justice is heavily inclined towards reconciliation and dispute resolution. raditional Qur’anic sources that outline principles to guide the administration of justice in Islam. For instance dispute resolution practices are carried out at the community level and vary from one place to the net. here are, however, commonalities in the approaches. or eample, aspects of trust, voluntarism, truth, compensation, restoration and reconciliation are essential forms of traditional dispute resolution mechanisms.

A national survey undertaen in 200 on access to justice in Uganda lists the following criteria as important “ for any access to justice mechanism

date.” • Affordability and Efficiency provides cheap, fast and prompt service delivery . his fulfills the principle of economic accessibility. ” • Fairness and Sensitivity responsiveness to all social categories, including the poor, women, youth and disabled. his fulfills the principles of euality and participation and non discrimination. done to all in compliance with the writings of the Qur’an. • Accessibility – able to serve persons within local communities. of the Holy Qur’an: • Impartiality and Accountability free of corruption and bribery, are independent and function within acceptable ethics. • Competence provides adeuate technical capacity of personnel.

11 MUSLIM CENTRE FOR JUSTICE AND LAW

“we sent aforetime our apostles with clear signs and we sent down with them the Book and the Balance (of right and wrong) that the men may stand forth in justice” (Al Hadis: 2).

his provision makes it clear that administration of justice between mankind is a noble and indispensable responsibility.

he above is further elaborated as follows:

“O Daud! We did indeed make you vicegerent on earth so judge between men in truth (in justice). And do not follow the lusts (of thy heart) for they will mislead you from the path of Allah” (Sad: 26).

he Prophet Muhammad (PBH) was also assigned the responsibility of adjudication of justice through the following verse in the Holy Qur’an:

“And this (he commands): judge thou between them by what Allah has revealed and follow not their vain desires, but beware of them lest the beguile thee from any of that (teachings) which Allah has sent down to thee. And if they turn away be assured that for some of their crimes it is Allah’s purpose to punish them. and truly most men are rebellious” (Al –M’idab: ).

rom the provisions above, it is clear that adjudication of cases reuires the mam or religious leader tasked with the mandate to adjudicate over cases, as guided by the principles in the Holy Quran as well as Sunnah. However it should be noted that in cases where the solution to the problem cannot be identified through those two sources, then the judge is supposed to use principles of fairness and ensure that no party is harmed further by his decision.

Even after the prophet’s death, dispute resolution continued through the existing muslim leadership, first through the caliphs and later through other slamic leaders. t is reported that upon his death, the first Caliph Abu Bakr would always refer to the Holy Qur’an and Sunnah of the Holy Prophet but if he failed to establish a solution from then he would refer to his companions. his was the same with the second Caliph mar who would also refer to the judgments passed by the first Caliph before making his final judgment.

. slam in ganda

slam reached Bganda about 2 years after the death of Prophet Mohamed (PBH). Ahmad bin brahim led the first group of Arabs who reached the Buganda Kingdom in the year A.D. hey found a kingdom with strong cultural beliefs and practices as well as a political system governed by the ukiiko. However they were granted access to the communities and the Kabaka who converted to slam, was given authority to lead prayers. pon the death of Kabaka Ssuna, his son Muteesa took over the reigns and he too practiced and learnt the Quran, performed the five daily prayers and declared slam as the official language of the Kingdom. He too lead the prayers as the Kabaka but also as the Chief Qadhi or Mufti. hus, Buganda’s leaders, the Kabakas who embraced slam were also the de facto leaders of slam (chief khadhi or mufti) in the kingdom. he Buganda Parliament was also comprised of muslims including the appointment of a muslim prime minister (Katikiro), Abdul Kadir Kyambadde.

n , the mperial British East African Company (.B.E.A.CO.) was formed, and Bganda was declared a British protectorate. Captain ugard, who was sent as the representative of .B.E.A.CO, came with the intention of promoting Christianity in this part of the world. After the signing of the Buganda Agreement in , Muslims were allocated one county of Butambala and their de facto leader was not a Kabaka, but rather, Prince uhu Mbogo. When prince Mbogo died in 2, Prince Kakungulu his son succeeded him and became the leader of muslims in Buganda.

12 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

“we sent aforetime our apostles with clear signs and we sent down with them the Book Eventually, muslim leadership evolved from royal inheritance to elected leadership based on knowledge and the Balance (of right and wrong) that the men may stand forth in justice” (Al Hadis: of slam. his arrangement was facilitated through creation of the ganda Muslim Supreme Council 2). (MSC), formed in 2 as an umbrella organiation for all Muslims in ganda. t is headed by the chief khadhi and has national structures that undertake varied functions, among which is that of conflict his provision makes it clear that administration of justice between mankind is a noble and indispensable resolution. responsibility. o date, administration of muslim matters is organised under the ganda Muslim Supreme Council. he he above is further elaborated as follows: organiational structure of the MSC runs from grassroots to the national level through community mosues, counties, muslim districts, the Executive, Magilis lamma and the eneral assembly as the top “O Daud! We did indeed make you vicegerent on earth so judge between men in truth policy making body. he MSC administers an adjudication mechanism that resolves conflicts such as (in justice). And do not follow the lusts (of thy heart) for they will mislead you from the marital disputes. n fact, the MSC currently issues divorce certificates for marriages contracted under path of Allah” (Sad: 26). Shariah. Muslim officials such as district khadhis, county sheikhs and mosue mams are some of the officials that carry out dispute resolution under the MSC structure in line with Shariah law and issue binding he Prophet Muhammad (PBH) was also assigned the responsibility of adjudication of justice through agreements. the following verse in the Holy Qur’an: However, due to divergent views on how to practice slam, several sects emerged within the muslim “And this (he commands): judge thou between them by what Allah has revealed and population, resulting into internal struggles for muslim leadership. o date, there are several muslim sects, follow not their vain desires, but beware of them lest the beguile thee from any of that each with its own leadership and organiational arrangements, including a multitude of dispute resolution (teachings) which Allah has sent down to thee. And if they turn away be assured that for fora. some of their crimes it is Allah’s purpose to punish them. and truly most men are rebellious” (Al –M’idab: ). . ational egal ramework on Muslim Dispute esolution Systems

rom the provisions above, it is clear that adjudication of cases reuires the mam or religious leader According to the 2014 census, about 14% of Uganda’s population is muslim (mainly Sunni). hat is a fairly tasked with the mandate to adjudicate over cases, as guided by the principles in the Holy Quran as well substantial part of Uganda’s population whose needs must be addressed accordingly in order to ensure as Sunnah. However it should be noted that in cases where the solution to the problem cannot be social harmony. identified through those two sources, then the judge is supposed to use principles of fairness and ensure that no party is harmed further by his decision. Since 6, the government of ganda has been debating bills in various iterations that would regulate muslim affairs including marriage, separation, and divorce. or instance, the Domestic elations Bill (DB) Even after the prophet’s death, dispute resolution continued through the existing muslim leadership, first drafted in 2 attempted to address these issues, but failed to pass into legislation. After its withdrawal through the caliphs and later through other slamic leaders. t is reported that upon his death, the first from parliament in 2, the Domestic elations Bill was split into two parts: the Marriage and Divorce Caliph Abu Bakr would always refer to the Holy Qur’an and Sunnah of the Holy Prophet but if he failed Bill and the Muslim Personal aw Bill. his was because the DB attracted varied reactions from the to establish a solution from then he would refer to his companions. his was the same with the second muslim population about its implications on continued free worship as outlined under the Qur’an. Caliph mar who would also refer to the judgments passed by the first Caliph before making his final judgment. More recently, the Constitution protects the right to free worship. Article 2 () (c) provides that, “every person sha have the freedom to practice any reigion and manifest such practice hich sha incude the . slam in ganda right to eong to and participate in the practices of any reigious ody or organiation in a manner consistent ith this onstitution.” Article 2 () (d) goes a step further to permit muslims to have their own religious slam reached Bganda about 2 years after the death of Prophet Mohamed (PBH). Ahmad bin adjudication system. he provision stipulates that: brahim led the first group of Arabs who reached the Buganda Kingdom in the year A.D. hey found a kingdom with strong cultural beliefs and practices as well as a political system governed by the ukiiko. “he udicia poer of ganda sha e eercised y ourts of udicature hich sha However they were granted access to the communities and the Kabaka who converted to slam, was consist of such suordinate courts as ariament may y a estaish incuding adhis given authority to lead prayers. pon the death of Kabaka Ssuna, his son Muteesa took over the reigns courts for marriage, divorce, inheritance of property and guardianship.” and he too practiced and learnt the Quran, performed the five daily prayers and declared slam as the official language of the Kingdom. He too lead the prayers as the Kabaka but also as the Chief Qadhi or hough existing, adhi courts are not legally operational. he establishment of Qadhi courts under of the Mufti. hus, Buganda’s leaders, the Kabakas who embraced slam were also the de facto leaders of slam constitution has not been regularised due to the absence of a supporting legislation. o date, adhi (chief khadhi or mufti) in the kingdom. he Buganda Parliament was also comprised of muslims including courts operate informally and are headed by the Director of Shariah at the MSC. Below the directorate the appointment of a muslim prime minister (Katikiro), Abdul Kadir Kyambadde. at the MSC, area mams of district and village Mosues adjudicate over cases that may be brought to them. n , the mperial British East African Company (.B.E.A.CO.) was formed, and Bganda was declared Other than the constitution, the other legislation that regulates muslim affairs in ganda is the Marriage a British protectorate. Captain ugard, who was sent as the representative of .B.E.A.CO, came with the and Divorce of Mohammedan Act chapter 2 of the laws of ganda. his however is limited to matters intention of promoting Christianity in this part of the world. After the signing of the Buganda Agreement of marriage and divorce. in , Muslims were allocated one county of Butambala and their de facto leader was not a Kabaka, but rather, Prince uhu Mbogo. When prince Mbogo died in 2, Prince Kakungulu his son succeeded him Section 2 of this Act states that: and became the leader of muslims in Buganda.

13 MUSLIM CENTRE FOR JUSTICE AND LAW

“All marriages between persons professing the Mohammedan religion, and all diores from sh marriages elebrated or gien aording to the rites and obseranes of the Mohammedan religion stomar and sal among the tribe or set in whih the marriage or diore taes plae, shall be alid and registered as herein proided.”

ending the passing of the uslim ersonal aw ill, there is no comprehensie law or policy goerning muslim affairs in Uganda and this is a serious gap. here is serious need to codify some of the instruction on matters affecting public and private life as dictated by the Qur’an. his will help to demystify and disseminate slamic law, and further proide guidance on matters which are nown only to a few muslim clerics.

slamic aw and ational aw hile slamic law and national or state law are fundamentally incompatible in terms of their respectie natures, they are neertheless compatible in terms of potentially mutually beneficial relationships. he distinction between slamic and national law does not mean that there can be no fruitful interactions between both. or eample, slamic law reuires muslims to obey state law for the sae of peace and harmony. n most societies there is a relationship between law and morality, with laws often being deried from a shared understanding of moral principles, and moral principles themseles often interpreted through religious lenses. oral principles, and slamic law in uslim societies, can proide legitimacy to state laws, or inersely can be used to challenge specific laws as long as this taes place through a process of ciic reason. nother eample of positie interaction is the fact that there are many areas of common interest between slamic and state law, so that the urisprudence from slamic law can be useful to inform state law.

he dialectic between slamic and state law should be informed through a process of deliberation or ciic reason which permits a public discussion of legislatie proposals that may be inspired by religious beliefs but that should not necessarily lead citiens to challenge each others religious iews.

14 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

“All marriages between persons professing the Mohammedan religion, and all diores from sh marriages elebrated or gien aording to the rites and obseranes of the PART THREE: Gender Justice Mohammedan religion stomar and sal among the tribe or set in whih the marriage or diore taes plae, shall be alid and registered as herein proided.” ntroduction ending the passing of the uslim ersonal aw ill, there is no comprehensie law or policy goerning his part eplains the concept of gender and its interaction ith aspects of ustice t epounds on muslim affairs in Uganda and this is a serious gap. here is serious need to codify some of the instruction definitions and distinctions of gender sources of gender euality ithin gandan international and regional on matters affecting public and private life as dictated by the Qur’an. his will help to demystify and human rights la and highlights important principles for gender ustice disseminate slamic law, and further proide guidance on matters which are nown only to a few muslim clerics. nderstanding ender

slamic aw and ational aw ender is the socially constructed roles responsibilities behaviours activities and attributes that a given hile slamic law and national or state law are fundamentally incompatible in terms of their respectie society considers appropriate for men and omen hus gender is not only about omen but also men natures, they are neertheless compatible in terms of potentially mutually beneficial relationships. he ender influences societal norms about ho men and omen are regarded and in this ay society distinction between slamic and national law does not mean that there can be no fruitful interactions develops rules regulations and las of hat is normally epected of men and omen a culture of norms between both. or eample, slamic law reuires muslims to obey state law for the sae of peace and ender gives different opportunities poer privileges and status to omen and men he gandan harmony. n most societies there is a relationship between law and morality, with laws often being deried society has given men strong and superior attributes and offered omen the ea and inferior attributes from a shared understanding of moral principles, and moral principles themseles often interpreted n terms of ustice gender determines hen hy and ho omen may access or fail to access ustice through religious lenses. oral principles, and slamic law in uslim societies, can proide legitimacy to ender should be differentiated from “sex”. For many people, the terms “gender” and “sex” are used state laws, or inersely can be used to challenge specific laws as long as this taes place through a process interchangeably and thus incorrectly e evoes the physical and biological characteristics that distinguish of ciic reason. nother eample of positie interaction is the fact that there are many areas of common males and females hich are universal obvious and generally permanent e includes physical attributes interest between slamic and state law, so that the urisprudence from slamic law can be useful to inform such as eternal genitalia se chromosomes gonads se hormones and internal reproductive structures state law. e is used to identify individuals as male or female hile gender assigns them as feminine or masculine nlie se hich is biologically determined gender is socially learnt and can vary from time to he dialectic between slamic and state law should be informed through a process of deliberation or ciic time and place to place ender is closely monitored and reinforced by society ccepted social gender reason which permits a public discussion of legislatie proposals that may be inspired by religious beliefs roles and epectations are so entrenched in our culture that most people cannot imagine any other ay but that should not necessarily lead citiens to challenge each others religious iews. s a result individuals fitting neatly into these epectations rarely if ever uestion hat gender really means

ender is part of human rights hich aspires toards recognition of eual value beteen men and omen euality and nondiscrimination uman rights support the elimination of genderbased assumptions and epectations that generally place omen at a disadvantage through gender euity ender euity is the aspiration for fairness and ustice of treatment beteen men and omen t is achieved hen omen and men enoy the same rights and opportunities across all sectors of society and the needs of omen and men should be eually valued and favoured

ganda has a strong policy frameor for promotion of gender euity including the onstitution which specifically provides for affirmative action in favour of women’s representation in decisionmaing bodies at the national and local government levels the ganda ender olicy and the ational ction lan for omen he country is also signatory to ey international instruments promoting women’s rights and gender equality such as the Convention for the Elimination of ll orms of iscrimination gainst omen the eiing eclaration and latform for ction the illennium eclaration and the rotocol to the frican harter on uman and eoples ights on the ights of omen in frica aputo rotocol

Under Uganda’s constitution all persons are entitled to freedom from any form of discrimination including those based on the ground of se rticle provides for euality of persons under the la hile rticle specifically provides that “women shall be accorded full and equal dignity of the person with men”.

Paragraph 326 of Uganda’s Vision 2040, a development planning framework upholds the rule of law and the supremacy of the constitution including eual treatment of individuals according to the la aragraphs further detail steps to be taen in order to achieve gender euality and omen empoerment for the country’s socioeconomic transformation

15 MUSLIM CENTRE FOR JUSTICE AND LAW

rticle 2 of the aputo Protocol also urges state parties to commit themselves to modify social and cultural patterns in order to eliminate “harmful practices that are based on the idea of the inferiority or the superiority of either of the sexes, or on stereotyped roles for women and men”.

dditionally, international human rights law places a legal obligation on tates to eliminate discrimination against women and men in all areas of their lives. he Convention on the Elimination of ll Forms of iscrimination against omen CE provides under rticle 5 that, “State Parties shall take all appropriate measures to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of preudices and customs and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.”

. ender and ustice echanisms

Expectations of women and men’s behaviour such as their use of the justice system are socially developed and not biologically determined. ecause Uganda is a patriarchal society, men enoy social dominance and as a result, women have suffered historical disadvantages that have resulted into their unequal and subordinate status with men.

Part of gender equity is the assurance that women ust like men will enoy equality before the law. t is the mandatory duty of courts and other dispute resolution mechanisms to protect not only the women, but also their rights, taking into account their unique status and natural maternal functions in society. udicial officers should act professionally without discrimination and must treat all parties fairly regardless of their gender. Patriarchal or patroniing attitudes resulting into women’s unequal use or participation in justice mechanisms should be forbidden.

i. stereotypical attitudes about the nature and roles of women and men ii. cultural perceptions of their relative worth or iii. myths and misconceptions about the social and economic realities encountered by both sexes”…..

n other words, gender bias is action based on stereotypical ideas of masculinity and femininity that result in the privileging of male experiences, explanations and points of view at the expense of the welfare and status of women.

ost often, gender bias in dispute resolution fora mainly negatively affects women. t is documented that many udicial officers feel that women, for instance, who are beaten by a spouse or raped have provoked the attack. oreover, because of the deeply entrenched patriarchal tendencies in our societies, much genderbiased behavior is unconscious and often subtle, but yet deeply ingrained in udicial systems.

omen should not face undue challenges in seeking ustice and it is extremely important to advocate a gender sensitive and genderresponsive ustice system that favours the needs of both men and women. n relation to ustice, a gendered ustice system should

• ake reference to concepts of equality and equity of men and women • llow adequate participation of women including the right to be heard, defend oneself and call witnesses • Entail procedures of accountability for decision makers especially the adudicators • Provide for a right of review of decision reached, or even appeal.

16 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

rticle 2 of the aputo Protocol also urges state parties to commit themselves to modify social and . slam and ender ustice cultural patterns in order to eliminate “harmful practices that are based on the idea of the inferiority or the superiority of either of the sexes, or on stereotyped roles for women and men”. slamic law has had a positive impact on women for many centuries. or instance, in a review of inheritance principles, slam elevated women to a spiritual and legal status equal with men. Shariah granted to women dditionally, international human rights law places a legal obligation on tates to eliminate discrimination a series of protections including a legal personality as well as property and inheritance rights that did not against women and men in all areas of their lives. he Convention on the Elimination of ll Forms of exist before. iscrimination against omen CE provides under rticle 5 that, “State Parties shall take all appropriate measures to modify the social and cultural patterns of conduct of men and women, with a Similarly, women can participate in justice mechanisms and can seek justice including the right to be heard, view to achieving the elimination of preudices and customs and all other practices which are based on defend oneself, call or appear as witnesses so as to aid dispute resolution. ut this does not mean that the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and slamic law respects human rights as they are understood and implemented in modern societies, and it is women.” also difficult to argue with the fact that today in many muslim majority countries, women still cannot exercise some of their fundamental rights such as equality of testimony of men and women, or equal . ender and ustice echanisms inheritance and do not have protections equal to those granted to men in a wide range of areas. women’s testimony is worth half a man’s in Islam. She gets half the inheritance of her male siblings and a Expectations of women and men’s behaviour such as their use of the justice system are socially developed woman’s marriage contract is between her male guardian and her husband. man can have four wives and not biologically determined. ecause Uganda is a patriarchal society, men enoy social dominance and he can divorce by simply using the word “ala.” Furthermore, a woman must give specific reasons to get as a result, women have suffered historical disadvantages that have resulted into their unequal and a divorce. Even if the father is abusive, women who remarry lose custody of their children. here are clear subordinate status with men. examples of the discrepancies between national and slamic legal systems.

Part of gender equity is the assurance that women ust like men will enoy equality before the law. t is the hat is clear however is that women are recognied as participants within the justice system and are not mandatory duty of courts and other dispute resolution mechanisms to protect not only the women, but prohibited from seeking justice accordingly. also their rights, taking into account their unique status and natural maternal functions in society. udicial officers should act professionally without discrimination and must treat all parties fairly regardless of their gender. Patriarchal or patroniing attitudes resulting into women’s unequal use or participation in justice mechanisms should be forbidden.

t the same time, gender bias within the ustice system should not be encouraged. ender bias, also referred to as gender insensitivity is ‘behavior or decision making of participants in the justice system that is based on or reveals i. stereotypical attitudes about the nature and roles of women and men ii. cultural perceptions of their relative worth or iii. myths and misconceptions about the social and economic realities encountered by both sexes”…..

17 MUSLIM CENTRE FOR JUSTICE AND LAW

PART FOUR: Muslim Adjudication Processes and Gender Justice in Uganda

Introduction his part details the responsieness and sensitiity of the current set up of the muslim ustice system to gender concerns. It further outlines recommendations for improement.

I. Functionality of uslim dudication echanisms Structural Set up ll muslim dispute resolution mechanisms in ganda fall under the ganda uslim ouncil ouncil S which heads all mosues in the country. he Shariah ourt is situated at the S headuarters at ld ampala in ampala. his court is established under the constitution of S and is one of the organs of S falling under the irectorate of Sharia. It is headed by a director. he directorate is composed of the director, a deputy director and three registrars one of whom is tased with handling the administration and registration of cases reported. he role of the registrar is to summon both parties and register the complaints receied. he court handles mostly cases of a domestic nature as laid out under rticle d of the constitution to include marital disputes, inheritance, guardianship, guidance and counseling. ther nondomestic cases such as theft are mediated or referred. ediation is employed first before a decision is made and both disputing parties are included as much as possible in amicable settlement and resoling of disputes. oweer, it should be noted that the decision of the S Shariah ourt is not final, the unsatisfied party can appeal to a higher court.

Beneath the Council’s Shariah Court at headuarters, it is epected that all districts should hae their own smaller shariah courts which should handle matters arising from indiidual mosues. t the same time, most district mosues hae eecutie committees comprising of illage muslim elders who assist the mosue heads, the Imams, in dispute resolution. oweer, due to seeral factors especially limited financial resources, these district courts are not operational.

oweer, the presence of the shariah court at S and adhi courts generally has created controersy oer whether they are competent court whose rulings or orders can be enforced in ganda. here are claims oer lac of urisdiction and force while others argue that they are competent courts enisaged under Section of the Marriage and iore of Mohammedan At and under rticle d read together with rticle of the onstitution.

he status of the informal Sharia court at S has been considered by on. ustice . ainamura in maa abawana . Med Mambi igh ourt Family iision iorce ause o. f in which the petitioner Sumaya filed a petition seeing for a decree nisi dissoling her marriage with her husband, the respondent. he marriage was contracted in accordance with muslim law. She wanted custody of the child maintenance of the child, alimony share of the matrimonial property and costs. he respondent filed his reply refuting the allegations in the petition and by way of a preliminary obection applying that the petition be dismissed because it was rediata since the matter before court had been finally determined by the Shariah ourt of the uslim Supreme ouncil. e argued that a shariah court is a court of competent urisdiction as proided for nder rticle d of the onstitution . e further contended that the shariah ourt of the uslim Supreme ouncil is such court that is enisaged under the Marriage and iore of Mohammedans At. e urged further that the petition was incompetent in as far as it sought reliefs under the iorce ct ap een though the marriage between the parties was celebrated under ohammedan law.

ounsel for the petitioner refuted the assertion that the shariah court of the uslim Supreme ouncil was a court of competent urisdiction as enisaged under rticle d of the constitution. She urged that arliament had not yet operationalised rt. d of the constitution which reuires arliament

18 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

to estalish adhi’s courts an that i there are such courts in oeration the are oeratin outsie the PART FOUR: Muslim Adjudication Processes and Gender Justice in ictates o rt an are conseuentl incoetent Uganda on ustice B ainaura hel that hereas inee it is true that ahis courts enisae uner rt o the Constitution hae not et een estalishe he i not aree ith the petitioner’s ie that shariah courts currentl oerate outsie the la is orshi ase his osition on rticle o Introduction the Constitution hich roies his part details the responsieness and sensitiity of the current set up of the muslim ustice system to gender concerns. It further outlines recommendations for improement. bet to the proisions of this artile, the operation of the eisting law after the oming into fore of this onstittion shall not be affeted b the oming into fore of the onstittion bt I. Functionality of uslim dudication echanisms the eisting law shall be onstred with sh modifiations, adaptations, alifiations and Structural Set up eeptions as ma be neessar to bring it into onformit with this onstittion ll muslim dispute resolution mechanisms in ganda fall under the ganda uslim ouncil ouncil S which heads all mosues in the country. he Shariah ourt is situated at the S headuarters e note that the shariah courts o the ana usli Suree Council is oeratin ithin the la an at ld ampala in ampala. his court is established under the constitution of S and is one of the as a coetent court to hanle iorce cases an rant relie organs of S falling under the irectorate of Sharia. It is headed by a director. he directorate is composed of the director, a deputy director and three registrars one of whom is tased with handling the nother recent ecision interretin the status o shariah courts as consiere in e ama Mohamed administration and registration of cases reported. he role of the registrar is to summon both parties and and ashat Mohamed Minors a ecision o the ih Court ail iision isc l o o register the complaints receied. he court handles mostly cases of a domestic nature as laid out under here the SC shariah court issue a iorce certiicate eteen the to contestin arties an urther rticle d of the constitution to include marital disputes, inheritance, guardianship, guidance and rante custo o the to chilren o the union to their other he alicant ie rouht action to counseling. ther nondomestic cases such as theft are mediated or referred. ediation is employed first the ih Court seein other relie uner section o the ct before a decision is made and both disputing parties are included as much as possible in amicable settlement and resoling of disputes. oweer, it should be noted that the decision of the S Shariah hile consierin section o the ohaean ct ustice uiii inicate that that articular section ourt is not final, the unsatisfied party can appeal to a higher court. means that “any party to an Islamic marriage may come to this court seeking relief by way of divorce and other conseuencial orers ut the court ust al ohaean la e urther note that Beneath the Council’s Shariah Court at headuarters, it is epected that all districts should hae their own smaller shariah courts which should handle matters arising from indiidual mosues. t the same time, n m iew this is an alternatie hoie to proeeding in a haria ort. he haria ort of most district mosues hae eecutie committees comprising of illage muslim elders who assist the Uganda Muslim Supreme Council applies Islamic law to marriages and divorce…. In my view, mosue heads, the Imams, in dispute resolution. oweer, due to seeral factors especially limited financial if a part hooses to file a petition for dissoltion of Marriage before the haria ort the resources, these district courts are not operational. proeeding are alid an deisions made b that ort are binding and hae the fll fore of law. etion of the Marriage and iore of Mohammedan At proides that all diores from oweer, the presence of the shariah court at S and adhi courts generally has created controersy marriages between persons professing the Mohammedanslami religion, gien aording to oer whether they are competent court whose rulings or orders can be enforced in ganda. here are the rites and observance of the Mohammedan religion shall be valid… the Sharia Court of the claims oer lac of urisdiction and force while others argue that they are competent courts enisaged ganda Mslim preme onil whih applies the rites and obseranes of the Mohammedan under Section of the Marriage and iore of Mohammedan At and under rticle d read religion is a ompetent ort to handle diore ases and to grant relief. together with rticle of the onstitution. he ih Court uhel the ecision o the shariah court’s decision granting divorce to the parties and he status of the informal Sharia court at S has been considered by on. ustice . ainamura in custo o to chilren to the ie other until the reach the ae rescrie slaic la he ih maa abawana . Med Mambi igh ourt Family iision iorce ause o. f in Court further noted that “Shariah Court has urisiction an is coetent to rant iorce as relie an is which the petitioner Sumaya filed a petition seeing for a decree nisi dissoling her marriage with her equally competent to grant orders relating to custody of the children.” Since the shariah court ha alrea husband, the respondent. he marriage was contracted in accordance with muslim law. She wanted ae a ali custo orer it as not necessar or the ih Court to eterine the alication on erit custody of the child maintenance of the child, alimony share of the matrimonial property and costs. he an the alication ha een oertaen eents at the Sharia Court respondent filed his reply refuting the allegations in the petition and by way of a preliminary obection applying that the petition be dismissed because it was rediata since the matter before court had been he ilication o these cases is that orers ae shariah ahi courts are enorceale an onl in finally determined by the Shariah ourt of the uslim Supreme ouncil. e argued that a shariah court liite circustances an ciil courts a reerse the ecisions issue i contrar to natural ustice is a court of competent urisdiction as proided for nder rticle d of the onstitution . e further contended that the shariah ourt of the uslim Supreme ouncil is such court that is ccessiilit enisaged under the Marriage and iore of Mohammedans At. e urged further that the petition was incompetent in as far as it sought reliefs under the iorce ct ap een though the marriage ors o usli isute resolution echaniss oerate at ierent leels o the usli ainistration between the parties was celebrated under ohammedan law. sste ith the hihest ein the Shariah Court at SC here are as an ahis courts oeratin inorall ithin the countr as there are osues cet or inial unicial stanars or uilin ounsel for the petitioner refuted the assertion that the shariah court of the uslim Supreme ouncil there are no strict oral reuireents rior to erectin a osue s such anone can uil a osue was a court of competent urisdiction as enisaged under rticle d of the constitution. She urged an as a result there are an osues in usli stronhol areas across the countr oth ulic an that arliament had not yet operationalised rt. d of the constitution which reuires arliament riatel one he ultilicit o osues translates into hsical accessiilit to ustice echaniss ecause osue leaers or as also tae on the role ahis or ues

19 MUSLIM CENTRE FOR JUSTICE AND LAW

urthermore ecept for the S Shariah ourt which charges a case opening fee of shillings approimately S dispute resolution services in most qadhi courts are free. In general therefore muslim ustice mechanisms are fairly accessible both physically as well as economically.

ompetence and uality ssurance ecause most mosques in ganda are privately established there is minimal control and oversight over their work by the S. eyond the issuance of a certificate of practice there is no technical or financial assistance received by the mosques from S with regard to aspects such as dispute resolution. In some limited instances leadership of mosques including mosque chairpersons and deputies undertake monitoring of the welfare of the mosque but this is mainly limited to physical upkeep and sanitation with no input into the handling of disputes because they are not religious leaders.

he maority of Imams across the country have not received any specific training and mostly rely on their knowledge of the Qur’an to resolve disputes. Additionally, because of the internal wrangles within muslim leadership in ganda some mosques fall outside of the control of S to other factions which have even less administrative capacity to provide over sight and quality assurance. hus most lack simple items such as stationery for case documentation purposes which affects their competence to perform effectively.

elated to the aspect of competence is the undue reliance on legal technicalities which do not often serve the purpose of ustice or protection of vulnerable parties especially women. s shared by most Islamic marriages are not formally registered. his however creates challenges especially at divorce. he case below highlights the challenge raised

akamya ura v akooa bdul

akamya approached seeking a more equitable distribution of property upon divorce from her husband who had thrown her out of their home empty handed. She had been married Islamically to bdul for over years and the two had accumulated a lot of wealth including motor vehicles different pieces of land and houses. owever this case proved difficult on grounds of lack of proof of marriage. hen asked by for proof of marriage she informed the entre that she had not obtained a marriage certificate and further still all the witnesses to the marriage had died. ll mediation efforts made by to have her husband share with her some properties were fruitless as he insisted that the two were never married. he attempts made to contact the sheikh who officiated her marriage ceremony were declined with the Sheikh stating that Nakamya’s husband had warned him not to do so. ll she had as evidence of her marriage were her children some of whom were adults. akamya was disappointed when was unable to help her to file for divorce since she had no proof of the marriage.

hrough the case above it is clear that providing ustice to women especially through the formal ustice system is often hindered by the lack of formal proof of marriage. his is not helped by the obvious incompetence of muslim clerics who fail to advise parties to formally register their marriages so as to obtain marriage certificates.

nother matter to highlight is the lack of consensus on how to handle contentious matters such as the return of Mahr ride wealth dowry. ccording to uran the Mahr is given as a free gift by husband to the wife at the time of contracting the marriage. he settling of a dower on the woman at the marriage is obligatory uran provides

hus has llah ordained prohibitions against you ecept for these, all others are lawful, provided you see them in marriage with gift from your property deserving chastity not lust. Seeing that you derive benefits from them …

20 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

he case of ifumi v ttorney ener onstitution e o of decided in the Supreme ourt, urthermore ecept for the S Shariah ourt which charges a case opening fee of shillings the highest court in the land is to the effect that the demand for a refund of bride price is unconstitutional approimately S dispute resolution services in most qadhi courts are free. In general therefore and that the practice undermines the dignity of a woman contrary to Article of the onstitution. muslim ustice mechanisms are fairly accessible both physically as well as economically. Such a precedent from the highest court in the land, in line with the constitution by implication negates the return of bride wealth. ompetence and uality ssurance ecause most mosques in ganda are privately established there is minimal control and oversight over elatedly is the issue of age for marriage. he arriage and ivorce of the ohammedan Act does not their work by the S. eyond the issuance of a certificate of practice there is no technical or financial provide details on how to contract a uslim marriage. According to section of the Act, marriage has to assistance received by the mosques from S with regard to aspects such as dispute resolution. In be cerebrated in accordance with norms and practices of slam. herefore, the guidance has to be derived some limited instances leadership of mosques including mosque chairpersons and deputies undertake from shariah law. t should be noted that no particular age has been specified for marriage in slamic law. monitoring of the welfare of the mosque but this is mainly limited to physical upkeep and sanitation with he Quran speaks of age which it identifies with the age of maority. no input into the handling of disputes because they are not religious leaders. Quran states

he maority of Imams across the country have not received any specific training and mostly rely on their nd o on observin nd testin the orhns unti they reh the mrriebe e if then knowledge of the Qur’an to resolve disputes. Additionally, because of the internal wrangles within muslim you find them of sound udment deiver over unto them their roerty nd devour it not by leadership in ganda some mosques fall outside of the control of S to other factions which have sunderin nd in hste est they shoud ro u to demnd it. even less administrative capacity to provide over sight and quality assurance. hus most lack simple items such as stationery for case documentation purposes which affects their competence to perform effectively. he age of maority under slamic law is attained when a person reaches the age of puberty. A girl is legally considered to be a maor when she begins to menstruate. A boy is considered maor when he starts elated to the aspect of competence is the undue reliance on legal technicalities which do not often serve getting night pollution or wet dreams. t should be noted that some muslim countries have legislated the purpose of ustice or protection of vulnerable parties especially women. s shared by most marriageable age to be and years for men and female respectively. n ganda the age of maority is Islamic marriages are not formally registered. his however creates challenges especially at divorce. years as provided for under Article of the onstitution. owever, the arriage and ivorce of the he case below highlights the challenge raised ohammedans Act does not specify the age limits at which parties may contract a muslim marriage as it appears in other marriage laws. here is a danger for not specifying the marriageable age as some parents may force their daughters in marriage when they are below the age of . akamya ura v akooa bdul

here is a need for to compile consensus positions on controversial issues such as those highlighted akamya approached seeking a more equitable distribution of property upon divorce above so as to standardise udgments for potential cases going before shariah adhi courts. from her husband who had thrown her out of their home empty handed. She had been married Islamically to bdul for over years and the two had accumulated a lot of wealth Standard of erformance including motor vehicles different pieces of land and houses. owever this case proved difficult on grounds of lack of proof of marriage. hen asked by for proof of marriage ue to the limitations in funding, most adhi courts eperience low standards of performance. or one, she informed the entre that she had not obtained a marriage certificate and further still documentation is almost non eistent, cases are rarely recorded and therefore enforcement of decisions all the witnesses to the marriage had died. ll mediation efforts made by to have her becomes difficult, or appeals therefrom. husband share with her some properties were fruitless as he insisted that the two were never married. he attempts made to contact the sheikh who officiated her marriage Secondly, confidentiality is not always guaranteed because of the limited space within mosues to hold ceremony were declined with the Sheikh stating that Nakamya’s husband had warned him private meetings. n fact, it was revealed during the study that some mams invite conflicting parties into not to do so. ll she had as evidence of her marriage were her children some of whom their homes to guarantee some form of privacy. ven the S Shariah ourt though faring better than were adults. akamya was disappointed when was unable to help her to file for others in terms of having facilities for documentation, lacks private rooms in which to hold confidential divorce since she had no proof of the marriage. meetings. n terms of personnel dedicated to dispute resolution, cases may be handled by normally adudicators, including the mam and the Ameerat female muslim leader but most often it is ust one hrough the case above it is clear that providing ustice to women especially through the formal ustice person. system is often hindered by the lack of formal proof of marriage. his is not helped by the obvious incompetence of muslim clerics who fail to advise parties to formally register their marriages so as to ue to the above mentioned factors, dispute resolution work is underprioritied especially where it obtain marriage certificates. reuires resources in dispensation of ustice, such as where there is need to travel to the locus or where a victim reuires medical support in cases of physical violence. nother matter to highlight is the lack of consensus on how to handle contentious matters such as the return of Mahr ride wealth dowry. ccording to uran the Mahr is given as a free gift by husband . esponsiveness to ender to the wife at the time of contracting the marriage. he settling of a dower on the woman at the marriage According to the research findings, most of the adudicators are not conversant with gender based is obligatory uran provides principles to ustice and thereby have little sensitivity to gender concerns. ftentimes, the adudicators are male and in such instances, parties to the conflict, if female may not be free to participate effectively in the hus has llah ordained prohibitions against you ecept for these, all others are lawful, provided dispute resolution processes. ven the directorate of Shariah at S is an allmale staff though this gap you see them in marriage with gift from your property deserving chastity not lust. Seeing that is plugged at that level by the gender officer. he S ender office is a member of the management you derive benefits from them … structures at the S whose maor role is to provide counseling services to contesting parties. t however does not resolve disputes unlike the Shariah court which may even issue divorce certificates.

21 MUSLIM CENTRE FOR JUSTICE AND LAW

he case below highlights some of the challenges faced by muslim adudication systems.

akundane smail Adam v yerani ainabu

ainabu approached seeking legal aid in to challenge the ruling of the S which had earlier granted her husband a divorce and gone ahead to issue a divorce certificate. he shariah court in S however did not pronounce itself over the custody of the children and distribution of the parties’ matrimonial property. ollowing the divorce, Zainabu’s husband stopped providing from the children and yet ainabu had lost her ob. er husband was also threatening to sell their home.

assisted ainabu to file for custody and maintenance at the secular akiso ourt, including seeking an order to prevent her husband from selling their matrimonial home. he said court was reluctant to address the issue of the matrimonial home since it had no mandate to do so. nstead it referred the parties back to the shariah court that handled the divorce. pectedly, ainabu was hesitant to revert to the shariah court because she felt that it had been biased against her and therefore did not epect ustice from them.

his case highlights the obvious challenges and neglect by the S shariah court to address critical gender aspects such as custody of children and their continued maintenance which inevitably fall on the shoulders of often poor women. t indicates that shariah courts are often oblivious to the need to take etra steps to protect vulnerable women. he case left in a dilemma of other action to take since the two concerned parties had submitted themselves to the urisdiction of a shariah court whose udgment was binding.

he case below further reiterates the above mentioned challenge

Nakai Sumayiya v abuye uhamed

Nakai had filed a suit contending that her husband had sold their matrimonial home without her consent. he two had been married under slamic law for over years and had five children. y the time Nakai filed the suit, they had undergone divorce under slamic law on reuest of the wife. n divorce, the husband had given her five million shs. as a conciliatory gift. owever, she felt that she had been unfairly treated by both the court and her husband. She filed a suit in a secular court seeking a revision of the ruling by the shariah court and therefore a share of their matrimonial property. n defence, the husband stated that the shariah court had handled the divorce properly and she had received was appropriately due to her. he court conseuently decided that since both parties were muslims and has submitted themselves to the urisdiction of the shariah court, it could not interfere with the decision. Nakai was left homeless and hopeless.

22 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

urthermore, there seems to be limited awareness or perhaps desire to undertake gender ustice programming with a gender lens. or instance, there is no gender disaggregated data either at the S or in the courts lower down. his is unfortunate because the maority of parties seeking ustice under ith reard to nature of cases, it as found that the aorit of cases entertained under usli muslim adudication systems are female. According to the research findings, the maority of users of these adudication sstes are doestic related, ainl revolvin around aintenance of hoes and child ustice systems are younger women between the ages – , poorer women most with few or no upeep assets, less formal education, usually working in the agricultural sector and mostly dependent on male relatives or husbands for their sustenance. he S directorate also entertains cases from nonmuslim women as well as those against male partners even when the female claimants may not be legally married mes of ses hnded to them. t however faces challenges as it undertakes its work. o ate coin b the husband eplained b the fact that since uslis do not drin alcohol there is no reason en should not return hoe earl his he case below highlights some of the challenges faced by muslim adudication systems. alas brins suspicion beteen the couple that there is another oan that the husband in uestion intends to arr

akundane smail Adam v yerani ainabu elect of atrionial obliations especiall in relation to aintenance of o fail, such as provision of daily meals, school fees for the children’s education ainabu approached seeking legal aid in to challenge the ruling of the S and other aspects which had earlier granted her husband a divorce and gone ahead to issue a divorce certificate. he shariah court in S however did not pronounce itself over the custody of the children and distribution of the parties’ matrimonial property. ollowing the divorce, Zainabu’s husband stopped providing from the children and yet ainabu had oever, there are no ender support echaniss ithin the adudication sste or eaple, there is lost her ob. er husband was also threatening to sell their home. no facilitation to assist oen to lode or follo up cases such as transport costs to and fro court, or fees in cases of contestations of paternit of children assisted ainabu to file for custody and maintenance at the secular akiso ourt, including seeking an order to prevent her husband from selling their matrimonial home. onetheless, it as found that ost oen are able to approach as or adhis and initiate cases for he said court was reluctant to address the issue of the matrimonial home since it had resolution, either directl or throuh other parties n ost of the osues, oen are iven an no mandate to do so. nstead it referred the parties back to the shariah court that handled opportunit to open up cases aainst their spouses and the usuall report directl to the as the divorce. pectedly, ainabu was hesitant to revert to the shariah court because she urtherore, echaniss such as eerats feale osue leaders eist eerats are ebers of felt that it had been biased against her and therefore did not epect ustice from them. the eecutive coittee of osues and therefore part of its leadership he do not onl provide feale representation on the leadership institutional fraeor but the also provide support in cases here oen reuire assistance n pii for instance, heih aadhan utaoe, a of asid oor, entioned that the eerat plas a aor role in the adudication of cases because apart fro identifin coon probles face b oen, she counsels the, and in turn forards their cases to the a and his case highlights the obvious challenges and neglect by the S shariah court to address critical the osue eecutive for further uidance or action oen hold sessions chaired b the iirat and gender aspects such as custody of children and their continued maintenance which inevitably fall on the other feale ebers dditionall, the eerat convenes eetins here oen rela their dato shoulders of often poor women. t indicates that shariah courts are often oblivious to the need to take da challenes or concerns hich are then discussed at the mosque’s eecutive eetins oe eerats etra steps to protect vulnerable women. he case left in a dilemma of other action to take since are also involved in ediatin cases the two concerned parties had submitted themselves to the urisdiction of a shariah court whose udgment was binding. oreover, the approach of as hilst handlin cases involvin oen reflects soe sensitivit to ender oon practice is first to discuss a case ith the claiant alone before suonin the he case below further reiterates the above mentioned challenge respondent to ive his position lso, the adhi sees fro the claiant, often a oan, hat ould be the ost suitable solution dditionall, ediation is eploed as a first eans of dispute resolution his Nakai Sumayiya v abuye uhamed is iportant not onl in involvin oen in the process of resolvin conflicts but also epoers the b ivin the sills to handle future disputes Nakai had filed a suit contending that her husband had sold their matrimonial home without her consent. he two had been married under slamic law for over years and dditionall, in order to avoid bein accused of bias and preudice, the a often enaes other had five children. y the time Nakai filed the suit, they had undergone divorce under eecutive ebers ebers of the ecutive a include the a, ecretar, reasurer and the slamic law on reuest of the wife. n divorce, the husband had given her five million eerat avin a larer tea beond the a and especiall ith feale representation helps to shs. as a conciliatory gift. owever, she felt that she had been unfairly treated by both itiate preudice aainst oen the court and her husband. She filed a suit in a secular court seeking a revision of the ruling by the shariah court and therefore a share of their matrimonial property. n defence, espite the challenes faced b usli dispute adudication sstes, the eno ood repute fro the the husband stated that the shariah court had handled the divorce properly and she had local counities as ell as fro ustice aencies such as the police or instance, it as relaed to the received was appropriately due to her. he court conseuently decided that since both research tea that the police in ibibi, a sub count of utabala hich is one of the research stud areas parties were muslims and has submitted themselves to the urisdiction of the shariah usuall refers doestic cases to osue leaders for deterination court, it could not interfere with the decision. Nakai was left homeless and hopeless. s reported b the area a

23 MUSLIM CENTRE FOR JUSTICE AND LAW

“Most of the residents in Kibibi are of the muslim faith. Many of the women with conflicts feel more secure ith mosque leaders handlin their cases than comin to the police here their cases would then become matters of public concern.” heih du amad uisa

t the same time, respondents ith hom the research team interfaced valued mediation as a tool for resolvin issues folloin domestic relationship readon, therey main qadhi courts a favourite forum of dispute resolution

s one respondent mentioned

“Courts are formal environments. The practices, language and conventions of the court are not somethin that any non layer can e epected to understand and naviate o epect omen ho have een throuh the trauma of domestic antaonism and ho are no tryin to force their partners to maintain their homes and children, ith all the challenes that entails, to e ale to prepare their case and represent themselves in court is unrealistic oreover in the case of omen ho do not have a stron rasp of nlish, ith lo confidence and self esteem or those ithout sufficient means, qadhi courts are a preferale option araleal, ulo, utamala

ender ias aainst en hereas this report ives maor focus to ender in response to omen, it should e pointed out here that men too suffer ender iases ithin the ustice system ender stereotypes of men as ier, physically stroner, and less fearful than oman apparently are more poerful than the ender stereotype that omen are more uileful than men he deeper stereotype seems to e that men are more criminal than omen, that it is often the men ho ause omen and rarely vice versa oever, men too can e victimied y omen and may require ustice services

he ender ias hoever often arises hen men are reluctant to see ustice especially if it involves acts of violence committed aainst them y omen or instance to date in anda, most studies are of domestic violence aainst omen ata on domestic ause aainst men is sparse, and this suests that the rate at hich male victims of ause report the incident to police is loer than the rate at hich female ause victims report the crime to police ecause of ender stereotypes prevalent in the andan society, male victims are sustantially less liely than female victims to report that they have een victims of domestic ause s such, male victims are sustantially more liely than female victims to reard domestic ause as a rivte prolem of no leitimate concern to anyone ut themselves

hat evidence there is suests that most men have to e very severely inured efore they ill even consider reportin an incident or threat of domestic ause to the authorities nd even then, it is doutful that they ill easons for under reportin domestic violence and other such cases y men ithin the formal ustice system include the fear and shame of ridicule and ein rearded as ea, the desire to protect the children of the union and the societal elief that men should e i and stron enouh to handle their domestic prolems ithout resort to eternal sources s one scholar uanne teinmet puts it he most unreorted rime is not ife betinit is husbnd betin ife eatin he ilent risis, e or ocet oos

ith this in mind, it is less liely that men ill approach ustice mechanisms to report domestic prolems, and this, unfortunately hinders their access to ustice and equal treatment efore the la

24 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

. rocedures of ccountability and Transparency “Most of the residents in Kibibi are of the muslim faith. Many of the women with conflicts feel more secure ith mosque leaders handlin their cases than comin to the police here ecause of the limited role of over sight by MC over mostly private mosues in ganda, accountability their cases would then become matters of public concern.” by mams is made to the mosue founders and members of the eecutive committees. owever, this is heih du amad uisa limited to actions directly affecting the state and welfare of mosues and use of resources. spects such as records of cases handled and basis for decisions reached are never publicly accounted. esultantly, enforceability of decisions becomes a challenge and in most instances, it falls to the goodwill of contesting t the same time, respondents ith hom the research team interfaced valued mediation as a tool for parties to conform to the decision of the sheihs. resolvin issues folloin domestic relationship readon, therey main qadhi courts a favourite forum of dispute resolution n a positive note, most of the mams and sheihs were aware of the right of contesting parties to appeal to a higher body in case of dissatisfaction with the decision of the court, they are advised to appeal to a s one respondent mentioned court. heih Mutyaba bdul alamu, ecutive mam of Kibuli Mosue acnowledged that when the parties do not agree with the decision of the court despite the intervention of family members on both sides, other possibilities are sought. or eample, in unresolved property disputes, advocates or valuers “Courts are formal environments. The practices, language and conventions of the court are may be engaged to further attempt to reach amicable settlements. not somethin that any non layer can e epected to understand and naviate o epect omen ho have een throuh the trauma of domestic antaonism and ho are no tryin . ood ractices to force their partners to maintain their homes and children, ith all the challenes that entails, to e ale to prepare their case and represent themselves in court is unrealistic oreover in There are several good practices located within muslim adudication systems, both at institutional as well the case of omen ho do not have a stron rasp of nlish, ith lo confidence and self as individual level. esteem or those ithout sufficient means, qadhi courts are a preferale option araleal, ulo, utamala t institutional level, mosue leaders wor with formal institutions to enhance ustice services. or instance, at Kibuli Mosue, when unable to resolve a matter in relation to distribution of property, contesting parties are referred to an advocate to organie valuation of the property before distribution. nother eample identified from the MC is that when a divorce is dissolved, the decree is filed with ender ias aainst en the ganda egistration ervices ureau to ensure that no illegal claims arise thereafter. imilarly, hereas this report ives maor focus to ender in response to omen, it should e pointed out here most mams wor with the police and refer cases that cannot be resolved, especially those with a criminal that men too suffer ender iases ithin the ustice system ender stereotypes of men as ier, aspect such as domestic violence. This factor is very important because it indicates that muslim adudication physically stroner, and less fearful than oman apparently are more poerful than the ender stereotype systems do not wor in isolation of the formal ustice system. that omen are more uileful than men he deeper stereotype seems to e that men are more criminal than omen, that it is often the men ho ause omen and rarely vice versa oever, men too can e ne of the good practices being practiced in the three study areas in which MC operates is the use of victimied y omen and may require ustice services trained paralegals to sensitie members of the community on rights and duties within the family and especially in relation to marriage. ome of the users consulted affirmed that such sessions have enabled he ender ias hoever often arises hen men are reluctant to see ustice especially if it involves acts them to understand responsibilities of men and women in the family. n fact, one respondent stated that of violence committed aainst them y omen or instance to date in anda, most studies are of it is due to consistent messaging on rights of women that some members of the muslim community have domestic violence aainst omen ata on domestic ause aainst men is sparse, and this suests that been discouraged from marrying off their teenage daughters on grounds of being too young. the rate at hich male victims of ause report the incident to police is loer than the rate at hich female ause victims report the crime to police ecause of ender stereotypes prevalent in the andan society, male victims are sustantially less liely than female victims to report that they have een victims of n Mpigi, the MC paralegal is given an opportunity to spea to the congregation after umah domestic ause s such, male victims are sustantially more liely than female victims to reard domestic prayers addressing the implications of several laws related to marriage, land, succession on the ause as a rivte prolem of no leitimate concern to anyone ut themselves family. election of the topic for discussion depends on pressing issues identified by the congregation. hat evidence there is suests that most men have to e very severely inured efore they ill even consider reportin an incident or threat of domestic ause to the authorities nd even then, it is doutful that they ill easons for under reportin domestic violence and other such cases y men ithin the formal ustice system include the fear and shame of ridicule and ein rearded as ea, the desire to t individual level, there are several eamples where mams tae initiatives to enhance access to ustice protect the children of the union and the societal elief that men should e i and stron enouh to for users especially women. For instance in Mirembe in Butambala, the Imam of Magatto Qur’an chool, handle their domestic prolems ithout resort to eternal sources s one scholar uanne teinmet heih li owedi seguya informed the research team that he often goes to the homes of his followers puts it he most unreorted rime is not ife betinit is husbnd betin ife eatin he ilent risis, on reuest to intervene in their disputes, especially where women are hesitant to come out publicly about e or ocet oos an eisting conflict with their spouses, also to guarantee privacy or even where the women cannot afford transport costs to the mosue. ith this in mind, it is less liely that men ill approach ustice mechanisms to report domestic prolems, and this, unfortunately hinders their access to ustice and equal treatment efore the la dditionally, mams schedule fleible times within which to address societal disputes. This is usually between the period .pm . pm and during weeends when most parties have finished their wor.

25 MUSLIM CENTRE FOR JUSTICE AND LAW

. nhancing ustice. he or of M

M has been inole in seeral interentions to enhance access to ustice in gana especially for users of the muslim auication system. his inclues proision of aisory legal ai serices to users an there are many cases to this effect.

miterm review of MCJL’s access to justice project that was undertaken by the Democratic oernance Facility foun ery high client satisfaction on the wor of the proect. Beneficiaries who respone to the client satisfaction forms inicate that they woul return to M for assistance an that they woul recommen a frien. Below are some of the erbatim uotations from the beneficiaries

Bo ti mui buuni ousiini Bo “kubwelele iymbyenyo bmu ufe omusno ne b usim entre e b tsobo ussubidd mu ooti butusi ndbn nfunye obenny ne zamateeka.’’ suubi’’. he free legal serices by M are inee of I now feel better, with my issues hanle by great help to some of us who are M, I see myself fining ustice. isaantage, because I coul not affor to eme ient from m distrit hire a lawyer. e ient from ibibi ub ounty utmb distrit

Bo “suubi no besie mumte byibynimu nye tin funye esuubi okuva mu Muslim Centre.’’ I ha lost hope an trust but at the moment I fin that my hope has been restore an I can count on M. e ient from m

26 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

. nhancing ustice. he or of M few success stories are mentioned hereunder

M has been inole in seeral interentions to enhance access to ustice in gana especially for users Lea id and dvisory ervices of the muslim auication system. his inclues proision of aisory legal ai serices to users an there are many cases to this effect. Distribution of the state of the ate ukenya uaiman

miterm review of MCJL’s access to justice project that was undertaken by the Democratic he ituation efore MCJL’s Intervention(s) esuts of the mpact oernance Facility foun ery high client satisfaction on the wor of the proect. Beneficiaries who respone to the client satisfaction forms inicate that they woul return to M for assistance pon death the ate ukenya n May the edest chid of Consensus was reached at a an that they woul recommen a frien. Below are some of the erbatim uotations from the uaiman eft a widow ten the deceased approached MCJL famiy meetin to redistribute the beneficiaries chidren and various properties for hep MCJL intervened by estate, allowing the deceased’s incudin a matrimonia home mediatin with a concerned wife and her biooica chidren and motor vehice and money parties incudin the mother and toether with the other chidren shs miion appro some reatives to share the estate euitaby D e was owed a sum of Conseuenty an inventory was Bo ti mui buuni ousiini Bo “kubwelele iymbyenyo bmu ufe money worth shs miion by fied with ih court amiy omusno ne b usim entre e b tsobo ussubidd mu ooti one saono amae division ampaa he different butusi ndbn nfunye obenny ne zamateeka.’’ famiy members went away suubi’’. he free legal serices by M are inee of he motherwidow obtained happiy and praised MCJL for its I now feel better, with my issues hanle by great help to some of us who are etters of administration to the work M, I see myself fining ustice. isaantage, because I coul not affor to deceased’ s estate but started eme ient from m distrit hire a lawyer. misusin his properties he famiy e ient from ibibi ub ounty utmb chidren approached various distrit oraniations seekin to stop the mother from intermeddin or

misusin the funds of the estate

but faied to et any hep Bo “suubi no besie mumte byibynimu nye tin funye esuubi rainin as araea for heikh Muumba assan okuva mu Muslim Centre.’’ I ha lost hope an trust but at the moment I fin that my hope has he ituation efore MCJL’s Intervention(s) esuts of the mpact been restore an I can count on M. e ient from m Muumba assan had been a poor MCJL communicated to the Masjid ince then Mr Muumba became struin student who was forced Jamia atwe mosue about the part of MCJL’s program and a to take a dead year from his opportunity to train paraea beneficiary of the Democratic university studies for ack of tuition sheiks at community mosues as overnance aciity roject e is fforts to soicit for financia part of a sponsorship of musim a paraea heikh s such he is assistance from distant famiy sheikhs abe to advise cients in both proved futie e had iven up samic ea as we as secuar aw hope of proceedin with studies at Mr Muumba was seected to any institution of hiher earnin study a dipoma in aw at the Law his intervention boosts the despite havin ood rades Deveopment Centre LDC for capacity of musim cerics workin the academic year with oca communities e is abe with fu financia sponsorship e to undertake mediation and finaied the course and scored a referras first cass rade the best performance at the institution

27 MUSLIM CENTRE FOR JUSTICE AND LAW

istribution of the state of the Late Mutaba li

he ituation efore MCJL’s Intervention(s) esults of the Impact hree widows of the deceased MCJL successfull summoned all MCJL compiled a list of properties were dissatisfied with the wa in concerned parties and carried out under the estate as well as its which his estate was being dealt b a series of meetings to ascertain beneficiaries and referred the matter his relatives who were the number of beneficiaries as tot he MC for distribution intermeddling and selling off parts well as the true sie oft he estate according to shariah law of it. They sought MCJL’s intervention for euitable he famil especiall the widows were management and benefit from the very greatful for MCJL’s efforts more estate so because the were able to obtain their shares in the estate and were ver happ with the distribution nhancement of Justice through IC Innovations

he ituation efore MCJL’s Intervention(s) esults of the Impact reviousl, there was limited MCJL’s introduced IC access to ith the proportion of the access to legal information in ustice platforms which included population in ganda with access to ganda especiall for the the Mobile phone ccess to mobile phones having increased over vulnerable ith few options, Justice pplication (eLaw ears, these mechanisms help local most were eploited b law firms ganda) and he M Mobile communities to access faster and whose rates were eorbitant and hone ccess to Justice latform cheaper legal information on matters as a result, access to legal advice such as child custod, inheritance, was ver epensive he former allows user to access marriage and divorce ver , basic legal information on people have benefitted from the two his also applied to sheis and common legal matters such as platforms other muslim clerics in adhi family law and marriage’ divorce, courts who hardl ever referred civil and criminal law dditionall, these platforms have to the secular laws of ganda and helped to strengthen snergies and more often relied on adith and he former mechanism facilitates linages between informal structures uran to resolve most of the users to get uic and lie the adhi courts and formal cases reported at communit appropriate feedbac on legal institutions. MCJL’s elaw Uganda mosues ueries, and further provides innovation platform was nominated useful contacts such as area for the igital Impacts wards frica istrict olice Commanders ((I) (Cs)

he tor of bdallah Latif ganda

he ituation efore MCJL’s Intervention(s) esults of the Impact bdallah Latif ganda, MCJL wrote a demand letter to bdallah, an indigent client was able approached MCJL seeing to the defaulter who responded b to recover monies lent out to a recover million shs (appro maing an initial pament of friend hrough this intervention, ) on a defaulted loan , to bdallah he MCJL was able to ensure ustice for a pament from a friend defaulter subseuentl honoured poor and marginalised client a Memorandum of nderstanding drawn b MCJL which outlined conditions for paing the balance he remaining balance of was paid within a period of das

28 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

istribution of the state of the Late Mutaba li Imact Litigation

he ituation efore MCJL’s Intervention(s) esults of the Impact MCJL has also ventured into the area of imact litigation. ne imortant case to note, and which has hree widows of the deceased MCJL successfull summoned all MCJL compiled a list of properties significant strategic imlications for users of the muslim ustice system is the ruling made in favour of MCJL were dissatisfied with the wa in concerned parties and carried out under the estate as well as its regarding an alication made to the igh Court on owers of magistrate courts to handle matrimonial which his estate was being dealt b a series of meetings to ascertain beneficiaries and referred the matter causes relating to Mohammedan marriages. This is ursuant to a divorce case made efore a Chief his relatives who were the number of beneficiaries as tot he MC for distribution Magistrate court (evision lication o. of arising out of Mengo ivorce Cause o. of intermeddling and selling off parts well as the true sie oft he estate according to shariah law arausi Teandee (licant) v Lugoloi aidat (esondent) in which the alicant sought for of it. They sought MCJL’s an order of dissolution of marriage as well as custody of children, alimony and distriution of roerty. intervention for euitable he famil especiall the widows were The contention in the case was whether other courts susidiary to the igh Court had urisdiction to management and benefit from the very greatful for MCJL’s efforts more determine matrimonial matters etween ersons rofessing the Muslim faith. The igh Court affirmed estate so because the were able to obtain that magistrat courts are cometent to handle matrimonial causes under Mohammedan law. their shares in the estate and were ver happ with the distribution This ruling is of significance to MCJL and users of the muslim adudication system ecause it eands the scoe of courts that can handle such cases in the direct asence of formally estalished shariah adhi nhancement of Justice through IC Innovations courts. s such, the alication of shariah law is not susended through the inoerationaliation of the said courts ut rather, allowed to continue eisting through other courts. It should e noted however, as he ituation efore MCJL’s Intervention(s) esults of the Impact confirmed y Justice le onge ugadya who resided over the igh court case, that such other courts reviousl, there was limited MCJL’s introduced IC access to ith the proportion of the other than shariah courts shall aly only the remedies ermitted under shariah law rather eanding access to legal information in ustice platforms which included population in ganda with access to them to civil remedies as rovided under the ivorce ct. ganda especiall for the the Mobile phone ccess to mobile phones having increased over vulnerable ith few options, Justice pplication (eLaw ears, these mechanisms help local I. Lessons from ther Jurisdictions most were eploited b law firms ganda) and he M Mobile communities to access faster and whose rates were eorbitant and hone ccess to Justice latform cheaper legal information on matters Closest to the situation of shariah courts within a formal ustice setting is that ortrayed y enya. ot as a result, access to legal advice such as child custod, inheritance, only is enya geograhically contiguous to Uganda ut it is also a common wealth country with similar was ver epensive he former allows user to access marriage and divorce ver , develoment indicators. Therefore, it is a good country for comarison and icing lessons. Lie Uganda, basic legal information on people have benefitted from the two the constitution of enya rovides for the urisdiction of adhi courts. These are courts where Islamic law his also applied to sheis and common legal matters such as platforms or haria is alied for the determination of uestions of muslim law relating to ersonal status, marriage, other muslim clerics in adhi family law and marriage’ divorce, divorce or inheritance in roceedings in which all the arties rofess the muslim religion and sumit to courts who hardl ever referred civil and criminal law dditionall, these platforms have the urisdiction of the said courts. The Constitution rovides for the office of the Chief adhi and such to the secular laws of ganda and helped to strengthen snergies and numer of other adhis. adhi is strictly seaing a udicial officer, udge or magistrate residing over more often relied on adith and he former mechanism facilitates linages between informal structures an Islamic Court ut he is not necessarily a siritual leader or imam. uran to resolve most of the users to get uic and lie the adhi courts and formal cases reported at communit appropriate feedbac on legal institutions. MCJL’s elaw Uganda adhi courts oerate within the recincts set y several statutes, including the adhis Courts ct, the mosues ueries, and further provides innovation platform was nominated Mohammedan Marriage and ivorce egistration ct and the Mohammedan Marriage, ivorce and useful contacts such as area for the igital Impacts wards frica uccession ct. Therefore, unlie Uganda, enya has a secific legislation guiding the oeration of adhi istrict olice Commanders ((I) courts as well as comlimentary legislation on asects such as divorce and succession which are missing (Cs) in Uganda. dditionally, the said laws have codified Qur’anic provisions into statutory law, making them easily alicale in formal courts, whether or not the residing officer is a erson of the muslim faith. In he tor of bdallah Latif ganda the Ugandan case, this is lacing and it imlies that interretation of Islamic law on asects such as marriage and succession are the reserve only of muslim scholars. This in itself is limiting ecause it he ituation efore MCJL’s Intervention(s) esults of the Impact confines alication of this law to a selected art of the oulation. dditionally, ecause fewer ersons have an adeuate understanding of Islamic law, this is suect to ause to misinterretation which cannot bdallah Latif ganda, MCJL wrote a demand letter to bdallah, an indigent client was able approached MCJL seeing to the defaulter who responded b to recover monies lent out to a e easily challenged esecially in the contet of oorer court users lie women. recover million shs (appro maing an initial pament of friend hrough this intervention, ith regard to asects of oeration, adhi courts are suordina ) on a defaulted loan , to bdallah he MCJL was able to ensure ustice for a te to the igh Court which may pament from a friend defaulter subseuentl honoured poor and marginalised client suervise any civil or criminal roceedings efore any suordinate court. s such, whereas the adhi Courts ct assures that the law and rules of evidence to e alied in these courts are those alicale a Memorandum of nderstanding under muslim law, the same ct further rovides that in the asence of the alicale muslim law and drawn b MCJL which outlined rules of evidence, then the law and rules of evidence alicale in the igh Court shall e used. conditions for paing the balance

he remaining balance of nother area in which enyan law is stronger than that in Uganda is in regard to succession. was paid within a mendments period of das to the Law of uccession ct rovide for the universal alication of the law of succession to the estates of deceased ersons in enya. Thus, whereas enyan muslims may aly Islamic law in the devolution of estates of deceased muslims, the uccession ct may e invoed in regard to the rocedural asect

29 MUSLIM CENTRE FOR JUSTICE AND LAW

relating to the grant of letters of administration s such, the person administering the estate of the deceased, whether doing it under slamic law would still e recognied formally under statutory law through grant of letters of administration his is one aspect in which ganda can learn from its neighour ecause an issuance of legal documents of this kind diminishes opportunities through which several persons may want to intermeddle in the estate of the deceased t the same time, the person who is granted these letters attracts a legal oligation to e accountale to the family and eneficiaries of the deceased uch an arrangement allows the muslim ustice system to enefit from a procedural strength entrenched within national law for the protection of marginalised and vulnerale memers of a deceased’s family.

n light of the aove, ganda needs to enact a law regulating operation of its own adhi courts, comining oth substantive Qur’anic provisions on aspects outlined under the constitution such as marriage and child maintenance, as well as procedural issues such as structure and numers of adhi courts countrywide n order to strengthen the operation of these courts, the law should further elaorate on aspects such as

➢ pecifications of personnel manning the courts ➢ ermission for women to e appointed as assistants to the adhi a position limited only to men to help in those instances where women litigants in the court find it difficult to eplain to the male adhi the delicate and intimate details of some of their domestic prolems ➢ stalishment of courts with representation of all muslim sects across the country, oth unni and hia onsideration ought to e given to the appointment of adhis of oth sects so as to cater for the interests of all gandan muslims

elated to this, there should e a specific curriculum learnt y adhis so as to ensure standardisation and uality of services provided y these courts n the current situation, anyone with some form of slamic training, whether from training centres in audi raia, iya or udan for instance may, upon return, act as a leader of a mosue and therefore a adhi o date in ganda, it is left to the adhis in their different courts to interpret the law as they understand it

dditionally, efforts should e made to teach asic principles of slamic law to the general pulic uch efforts will help to demystify this law and further provide a starting point for udicial officers handling appeals from the adhi courts s we see to date, the igh ourt is mandated to apply slamic aw in appeals from adhi courts owever, there may e some practical difficulties where the udge hearing the appeal is not a muslim and does not understand slamic aw urthermore, a wider teaching of slamic law will fortify the capacity of advocates to effectively advise their clients without necessarily having to e muslims t is therefore necessary for sections of the same law to e taught at laws schools across the country and at the aw evelopment entre

f strengthened in line with lessons from urisdictions such as enya and elsewhere, adhi courts in ganda may not only e a symol of slamic faith and culture for practicing muslims ut more importantly for the muslim women, these courts have the opportunity to ecome an important site for resisting the oppression eperienced in marriage and in their domestic circumstances in a traditionally patriarchal and male dominated society hese these courts if well structured may aid muslim women in particular in fighting for the protection and enforcement of their rights as guaranteed under slamic law and to challenge negative cultural practices and customs of uslim communities that tend to undermine these rights

onclusion and ecommendations

ecause the gandan population is made up of a significant numer of muslims, the slamic adudication system appeals to, and is used y a fair numer of citiens t is clear therefore, that muslim adudication mechanisms including the eisting forms of adhi courts are regarded as pertinent in enhancing ustice for women

30 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

relating to the grant of letters of administration s such, the person administering the estate of the oever hereas these systems eist and are operational the forms and standards of performance vary deceased, whether doing it under slamic law would still e recognied formally under statutory law from place to place and this is because of the limited oversight and resourcing role by the . s a through grant of letters of administration his is one aspect in which ganda can learn from its neighour result the performance of these systems and especially their sensitivity to gender is ea and reuires ecause an issuance of legal documents of this kind diminishes opportunities through which several strengthening. persons may want to intermeddle in the estate of the deceased t the same time, the person who is granted these letters attracts a legal oligation to e accountale to the family and eneficiaries of the he study proposes several recommendations to and other actors in order to address the challenges deceased uch an arrangement allows the muslim ustice system to enefit from a procedural strength faced by users of the adudication systems and especially the gender based vulnerabilities faced by omen entrenched within national law for the protection of marginalised and vulnerale memers of a and girls both in the short and long term. deceased’s family. hort erm n light of the aove, ganda needs to enact a law regulating operation of its own adhi courts, comining espite being born uslims most users of the muslim adudication systems are ignorant of slamic las oth substantive Qur’anic provisions on aspects outlined under the constitution such as marriage and and principles on dispute resolution as ell as rights and duties of different staeholders. embers of the child maintenance, as well as procedural issues such as structure and numers of adhi courts public should be empoered to appreciate the responsibilities of both men and omen in the family countrywide n order to strengthen the operation of these courts, the law should further elaorate on arrangement as ell as the mandate of adhi courts mams and muslim clerics in general. in aspects such as collaboration ith other actors such as should continue to engage ith the public on these aspects through legal education and literacy trainings – through for eample school outreaches radio tal shos ➢ pecifications of personnel manning the courts mosque ‘after prayer’ engagements as well as development, translation and dissemination of relevant IEC ➢ ermission for women to e appointed as assistants to the adhi a position limited only to men materials. to help in those instances where women litigants in the court find it difficult to eplain to the male adhi the delicate and intimate details of some of their domestic prolems here is a need to harmonie slamic la and civil la especially in instances here there is potential for ➢ stalishment of courts with representation of all muslim sects across the country, oth unni and a conflict beteen the to or even abuse through deliberate misinterpretation. n eample of this is the hia onsideration ought to e given to the appointment of adhis of oth sects so as to cater for aspect of domestic violence hich if not ell interpreted by muslim clerics is subect to abuse. s such the interests of all gandan muslims should compile consensus positions on controversial muslim issues such as age of marriage return of ahr and domestic violence. his ill help in dissemination of noledge about slam but further or elated to this, there should e a specific curriculum learnt y adhis so as to ensure standardisation and toards nationide standardiation and better protection of vulnerable groups through uniform standards uality of services provided y these courts n the current situation, anyone with some form of slamic hich ill be easier to enforce. training, whether from training centres in audi raia, iya or udan for instance may, upon return, act as a leader of a mosue and therefore a adhi o date in ganda, it is left to the adhis in their different n terms of idening application of shariah la needs to undertae deliberate steps to sensitise the courts to interpret the law as they understand it public and especially users of the muslim ustice system about the implications of the arausi ebaneke v uolobi aiat case hich ruling clarifies that the arriage of ohamedans ct ules give urisdiction to dditionally, efforts should e made to teach asic principles of slamic law to the general pulic uch magistrate courts to undertae divorces of muslim marriages. efforts will help to demystify this law and further provide a starting point for udicial officers handling appeals from the adhi courts s we see to date, the igh ourt is mandated to apply slamic aw in should further tae steps to protect vulnerable folloers of the slamic faith by sensitiing appeals from adhi courts owever, there may e some practical difficulties where the udge hearing communities on formal legal reuirements such as the need for documentation of marriages so as to the appeal is not a muslim and does not understand slamic aw urthermore, a wider teaching of provide proof often reuired in legal proceedings. his includes registration of marriages and acuisition slamic law will fortify the capacity of advocates to effectively advise their clients without necessarily having of certification as ell as certification of birth and death the latter being etremely useful in cases of to e muslims t is therefore necessary for sections of the same law to e taught at laws schools across contested paternity of children or management of deceased’s estates. the country and at the aw evelopment entre urther in the protection of marginalised groups should partner ith the ual pportunities f strengthened in line with lessons from urisdictions such as enya and elsewhere, adhi courts in ganda ommission hich has the national mandate for vulnerable and marginalised groups. any of the may not only e a symol of slamic faith and culture for practicing muslims ut more importantly for the female users of the muslim adudication system fall under this bracet and reuire support from the formal muslim women, these courts have the opportunity to ecome an important site for resisting the ustice system for aspects such as transport to and from courts and assistance toards costs such as oppression eperienced in marriage and in their domestic circumstances in a traditionally patriarchal and tests. male dominated society hese these courts if well structured may aid muslim women in particular in fighting for the protection and enforcement of their rights as guaranteed under slamic law and to ong erm challenge negative cultural practices and customs of uslim communities that tend to undermine these uslim ustice mechanisms can best or especially for omen if formally established and operationalied. rights his is not an action that can be achieved by alone but rather reuires collective responsiveness. must strategically engage other actors such as the ustice a and rder ecor ganda a eform ommission arliament and the inistry of ustice and onstitutional ffairs o onclusion and ecommendations ho are primarily responsible for enacting the uslim ersonal a ill. ecause the gandan population is made up of a significant numer of muslims, the slamic adudication system appeals to, and is used y a fair numer of citiens t is clear therefore, that muslim adudication dvocacy for enactment of the uslim ersonal a ill should highlight the folloing aspects of the la mechanisms including the eisting forms of adhi courts are regarded as pertinent in enhancing ustice for as being crucial for the protection of vulnerable groups women

31 MUSLIM CENTRE FOR JUSTICE AND LAW

➢ inimum oligations for one to contract a marriage. his should include some guidance on minimum economic status and specify, for example, requirement to prove one’s ability to provide each wife with a separate home in cases of polygamy. ➢ equirement to register marriages ➢ inimum level of education and other qualifications for qadhis persons officiating over qadhi courts. ot every muslim with some level of shariah law or with the role of Imam should automatically qualify to e a qadhi. his will ensure some levels of competence and quality assurance. ➢ he requirement to involve women in resolution of disputes in qadhi courts, especially those involving female contestants. ➢ equirement for periodic and refresher training for imams and qadhis.

In line with efforts towards formaliation of qadhi courts, the UMSC’s capacity should be strengthened to undertae oversight, monitoring, resourcing and quality assurance of these courts. his is ecause most muslim clerics and Imams adudicate cases ased on their understating of the Qur’an and Hadith, but do not have the sills to provide counseling, or mediate etween parties. t the same time, mosques are generally under resourced. C should support the C to undertae training and silling of clerics in aspects such as gender and human rights in Islam, mediation, documentation and non discrimination.

C should support C to moilie resources to support local mosques in adudicating cases, which includes allowances for mosque qadhis and also putting in place record eeping mechanisms. In the long term, this should lead towards the establishment of branches of UMSC’s Shariah Directorate in all districts. In particular, the UMSC should create a Women’s Fund to enale the most poor and vulnerale women access ustice services. or instance, the file opening fee of shs. , at C should e waived and the und should e used to support vulnerale women with deserving cases.

s we are moving towards a dual system of law y virtue of rticle d of the constitution, there is a need to widen pulic nowledge aout Islamic law, first through general sensitiation seminars ut more specifically through a restructuring of law academic programs at university level. ave for the Islamic niversity in ganda II, little legal teaching covers muslim marriages, divorce and inheritance at universities. course on uslim ersonal law should e introduced and taught in detail oth at law schools as well as at the aw development Centre so as to uild the capacity of advocates to advise their clients appropriately. udicial officers should also e encouraged to learn aout muslim personal law since they have a role to interpret Islamic law in accordance with emerging trends in society.

32 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

➢ inimum oligations for one to contract a marriage. his should include some guidance on Annex A: Terms of Reference minimum economic status and specify, for example, requirement to prove one’s ability to provide each wife with a separate home in cases of polygamy. ➢ equirement to register marriages ➢ inimum level of education and other qualifications for qadhis persons officiating over qadhi courts. ot every muslim with some level of shariah law or with the role of Imam should automatically qualify to e a qadhi. his will ensure some levels of competence and quality assurance. MUSIM C F USIC D W ➢ he requirement to involve women in resolution of disputes in qadhi courts, especially those ‘‘justice for all and no to discrimination’’ involving female contestants. MS F FC F CSUC ➢ equirement for periodic and refresher training for imams and qadhis.

In line with efforts towards formaliation of qadhi courts, the UMSC’s capacity should be strengthened to undertae oversight, monitoring, resourcing and quality assurance of these courts. his is ecause most itle of ssignment o undertae research on gender responsiveness of the Muslim muslim clerics and Imams adudicate cases ased on their understating of the Qur’an and Hadith, but do adudication process in Uganda. not have the sills to provide counseling, or mediate etween parties. t the same time, mosques are generally under resourced. C should support the C to undertae training and silling of clerics in Section rogrammes Department aspects such as gender and human rights in Islam, mediation, documentation and non discrimination. ocation MC Head ffices.

C should support C to moilie resources to support local mosques in adudicating cases, which Duration Days includes allowances for mosque qadhis and also putting in place record eeping mechanisms. In the long term, this should lead towards the establishment of branches of UMSC’s Shariah Directorate in all districts. IDUCI In particular, the UMSC should create a Women’s Fund to enale the most poor and vulnerale women Muslim Centre for ustice and aw MC is a ocal organiation officially registered in as a faith access ustice services. or instance, the file opening fee of shs. , at C should e waived and based that is dedicated in promoting and advancing ustice, tolerance and human rights in Uganda. the und should e used to support vulnerale women with deserving cases. he organiation has a primary focus on poor and vulnerable members of the grassroots communities and further encompasses the diverse community as a whole. s we are moving towards a dual system of law y virtue of rticle d of the constitution, there is a need to widen pulic nowledge aout Islamic law, first through general sensitiation seminars ut more MC empowers local communities to effectively advocate for their rights and duty bearers to deal with specifically through a restructuring of law academic programs at university level. ave for the Islamic dynamic social challenges especially in the Muslim communities in Uganda. We wor directly with local niversity in ganda II, little legal teaching covers muslim marriages, divorce and inheritance at communities and also in partnership with both public and private sector entities. universities. course on uslim ersonal law should e introduced and taught in detail oth at law schools as well as at the aw development Centre so as to uild the capacity of advocates to advise their MC conducts evidence based advocacy aimed at improving the governance and human rights standards clients appropriately. udicial officers should also e encouraged to learn aout muslim personal law since in Uganda, while empowering local communities to effectively advocate for their rights and duty bearers they have a role to interpret Islamic law in accordance with emerging trends in society. to deal with dynamic social challenges especially in the Muslim communities.

In order to ensure that the human rights are equally promoted and protected in access to ustice and that they have equitable access to ustice, MC has put concerted effort in conducting research, developing manuals and guidelines to support paralegals in applying gender responsive ustice. However this is not in reference to specific gender related guidelines or tools.

ISI Ugandan society that upholds universal faithbased principles in ensuring equitable access to ustice, human rights and observance of the law.

MISSI SM o facilitate observance of human rights, ustice, peace, and good governance through promotion of public interest, civil liberties, and obligations under the law.

CUD D USIFICI F H SSIM ccording to the census, about percent of the population of Ugandans are Muslims mainly Sunni). That is a fairly substantial part of Uganda’s population whose needs must be addressed accordingly in order to ensure social harmony. dministration of Muslim matters is organised under the Uganda Muslim Supreme Council UMSC which is registered under the rustees Incorporation ct Cap.. It was established to enable the Muslims attain religious, social, educational, political and economic welfare in the Country. he organiational structure of the UMSC runs from grassroots to the national level

33 MUSLIM CENTRE FOR JUSTICE AND LAW

through community mosues counties uslim districts the ecutie agilis Ulamma and the eneral assembly as the top policy maing body. The structure has been acnowledged as one which ensures a swift flow of information to the ommunity. The US currently has programmes in health S reproductie health targeting youth and awa programmes among others.

The US further administers an adudication mechanism that resoles conflicts such as marital disputes. n fact the US currently issues diorce certificates for marriages contracted under Shariah. dditionally uslim officials such as mams and adhis within communities undertae conflict resolution in line with Shariah law and issue binding agreements. These practices are in line with a constitutional mandate which permits adhis courts to adudicate matters lie marriage diorce inheritance and guardianship.

n Uganda there are still different schools of thought and factions in the muslim community. any local mosues pay allegiance to arious factions lie Tabli sunni shiah salafi hmaddiyah among other factions. These hae arying liturgiesteachings on arious themes in slam including marriage diorce inheritance and guardianship.

However, it should be noted that the establishment of Qadhis’ courts as provided under Article 129(1) d) of the constitution of the epublic of Uganda is not yet implemented by the arliament. Since the goernment of Uganda has been debating bills in arious iterations that would reform and consolidate laws relating to marriage separation and diorce amongst its dierse religious and ethnic communities. rafted in the omestic elations ill ) attempted to address these issues but failed to pass into legislation. fter it was withdrawn from arliament in the omestic elations ill was split into two parts the arriage and iorce ill and the uslim ersonal awadhis ourts ill. This was because the attracted aried reactions from the uslim population about its implications on continued free worship as outlined under the Qur’an.

espite these challenges there is a proliferation of adudicatory mechanisms at different leels of the uslim administration system but with little sensitiity to gender concerns. ften the adudicators are male and parties to the conflict if female may not be free to participate effectiely in the processes. There seems to be limited awareness or perhaps desire to undertae ustice programming planning capacity building and implementation of adudication mechanisms with a gender lens.

t is enisaged that conducting this research on genderresponsie adudication will help to proide an obectie more updated and accurate understanding of the situation of gender implementation within adudication processes taing into consideration eisting opportunities and resources in a way that benefits all sectors of the communities. will mae reference to this study to design strategies for better and more gendered access to ustice for users of the uslim adudication system.

TS T SST The overall objective of the consultancy will be “To conduct a research study on gender responsieness of the uslim adudication processes.”

The research study should contribute towards enhancement of human rights understanding and adocacy by rights holders and duty bearers and improed functioning of selected uman ights institutions.

S TS Specifically the research study will focus on

. To generate an oeriew of the etent to which uslim adudication systems integrate gender in their programming analysis design implementation monitoring and ealuation) . To assess the leel of understanding and current capacity of appreciation of basic gender theories within uslim adudication centres. . To amass an eidence base of data lessons learned and good practices that can be harnessed to inform discussions in the area of gender programming and inform the design of gender responsie interentions in the adudication system

34 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

through community mosues counties uslim districts the ecutie agilis Ulamma and the eneral . To mae appropriate recommendations on interventions (both short term and lon term) that could assembly as the top policy maing body. The structure has been acnowledged as one which ensures a address gender based vulnerabilities and reinforce women’s and girls’ resilience through increased swift flow of information to the ommunity. The US currently has programmes in health S access to decision main and leadership opportunities. reproductie health targeting youth and awa programmes among others. . To mae appropriate recommendations on interventions (both short term and lon term) that could address hindrances faced by those who are poor vulnerable and marinalised. The US further administers an adudication mechanism that resoles conflicts such as marital disputes. n fact the US currently issues diorce certificates for marriages contracted under Shariah. dditionally uslim officials such as mams and adhis within communities undertae conflict resolution in line with n consideration of the bacround and objectives of the assinment, an eperienced consultant will be Shariah law and issue binding agreements. These practices are in line with a constitutional mandate which reuired to permits adhis courts to adudicate matters lie marriage diorce inheritance and guardianship. • repare and share an inception report and a clear worplan on how to proceed with the assinment. n Uganda there are still different schools of thought and factions in the muslim community. any local • dentify and ather relevant information materials to establish the eistence of secondary materials. mosues pay allegiance to arious factions lie Tabli sunni shiah salafi hmaddiyah among other • ompile a list of secondary materials and persons to interview. factions. These hae arying liturgiesteachings on arious themes in slam including marriage diorce • onduct secondary data analysis and primary data research includin inheritance and guardianship.

i. ey informant interviews (uslim leadership) However, it should be noted that the establishment of Qadhis’ courts as provided under Article 129(1) ii. nterviews (mams and other mosue officials) versus human rihts activists and beneficiaries d) of the constitution of the epublic of Uganda is not yet implemented by the arliament. Since iii. ocus roup iscussions (both men and women users of adjudication systems) the goernment of Uganda has been debating bills in arious iterations that would reform and iv. ase studies (to enerate best practices) consolidate laws relating to marriage separation and diorce amongst its dierse religious and ethnic communities. rafted in the omestic elations ill ) attempted to address these issues but The research study should contetualise the followin failed to pass into legislation. fter it was withdrawn from arliament in the omestic elations ill i. An overview of current public policies, laws and institutions involved in uslim dispute resolution was split into two parts the arriage and iorce ill and the uslim ersonal awadhis ourts ill. systems. This was because the attracted aried reactions from the uslim population about its implications ii. planation of the concept of ender and selected ood practices in the field of ender on continued free worship as outlined under the Qur’an. responsive adjudication processes.

iii. ndication of the deree of understandin and compliance with ender sensitive adjudication espite these challenges there is a proliferation of adudicatory mechanisms at different leels of the methods (throuh interviews with imams and other mosue officials). uslim administration system but with little sensitiity to gender concerns. ften the adudicators are iv. omment on the understandin and deree of ownership towards ender justice euity amon male and parties to the conflict if female may not be free to participate effectiely in the processes. There uslim leadership. seems to be limited awareness or perhaps desire to undertae ustice programming planning capacity v. ecommendations to strenthen the interation of ender in uslim ender justice prorammin. building and implementation of adudication mechanisms with a gender lens.

• repare and present a draft research report on ender responsiveness of the uslim t is enisaged that conducting this research on genderresponsie adudication will help to proide an adjudication processes for validation by ey staeholders. obectie more updated and accurate understanding of the situation of gender implementation within • ubmit final report to in hard and soft format. adudication processes taing into consideration eisting opportunities and resources in a way that benefits all sectors of the communities. will mae reference to this study to design strategies for better and T more gendered access to ustice for users of the uslim adudication system. H T TH AT The research will be based on des review and field visits. n this respect, both secondary and primary TS T SST data sources will be used. There will be some tareted individual interviews ( – ) includin officials of The overall objective of the consultancy will be “To conduct a research study on gender responsieness and lower uslim administrative structures especially mosues across parts of the country with bi uslim populations, both rural and urban. Quotes from people who are interviewed are hihly valued. of the uslim adudication processes.” The process will be uided by the followin considerations

The research study should contribute towards enhancement of human rights understanding and adocacy by rights holders and duty bearers and improed functioning of selected uman ights institutions. • Appropriateness the stratey, approach and methodoloy must be appropriate to the contet of the study. S TS • The methodoloy must be practical and user friendly. Specifically the research study will focus on • The content should be simple and easy to understand. • here possible source of reference should be shown.

. To generate an oeriew of the etent to which uslim adudication systems integrate gender in their programming analysis design implementation monitoring and ealuation) T TT A A . To assess the leel of understanding and current capacity of appreciation of basic gender theories within uslim adudication centres. • An inception report and a clear worplan on how to proceed with the assinment. . To amass an eidence base of data lessons learned and good practices that can be harnessed to • resentation of the draft research study eport at a staeholders validation meetin. inform discussions in the area of gender programming and inform the design of gender responsie • A final esearch eport on ender esponsiveness of the uslim Adjudication ystem in anda. interentions in the adudication system

35 MUSLIM CENTRE FOR JUSTICE AND LAW

he consultant will wor under the direct suervision of the ead of rogrammes at ead offices who will also erform the evaluation of the assignment b the contracted consultant will regularl communicate with the consultant and rovide suort to himher when reuired

he consultant should meet the following minimum selection criteria

• A Bachelor’s degree in law and/or other relevant postgraduate qualifications. • t least ears of demonstrated eerience of undertaing similar assignments in legal ublic olic gender based socioeconomic research in ganda is essential • good understanding of the uslim adudication sstem will be an added advantage • A clear understanding of Uganda’s legal Framewor in famil matters • ndeth nowledge and understanding of issues of gender based socioeconomic issues in ganda • ood analtical and documentationreort writing sills • ood communication sills ecellent command of oral and written nglish • ust have a a dentification umber and roof of comliance with statutor ta obligations

he interested candidate for this contract must submit a written comuter ted alication a technical and financial roosal etter of interest roosed methodolog wor lan he financial roosal should be in gandan hillings and a outlining the relevant eerience that ualifies the candidate to undertae such assignment including contact details and signed b the candidate

he selection of the consultant will be based on the technical evaluation he onsultant with the highest technical score will be selected

reserves the right to withhold all or a ortion of ament if erformance is unsatisfactor if woroututs is incomlete not delivered or for failure to meet deadlines erformance indicators against which the satisfactor conclusion of this contract will be assessed include timelinessualit of submission and resonsiveness to and counterart feedbac

shall hold all roert rights such as coright atents and registered trademars on matter directl related to or derived from the wor carried out through this contract with

rebid meeting will be held on ugust from to he rebid meeting will hel to clarif an issues in regard to the issued erms of eference ll alications should be submitted to ead inance and dministration ead ffice asiima ouse lot o u satu waise oosite uele etrol tation ombo oad mail infomclug and o to muslimusticeahoocom afeerosulaimanahoocou and usulwamohamadgmailcom

he deadline for submission of ression of nterest is th ugust at is committed to diversit and inclusion within its worforce and encourages ualified female and male candidates from all national religious and ethnic bacgrounds including ersons living with disabilities to al for this assignment

36 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

lease note that onl shortlisted candidates will e contacted. he sumitted applications will e he consultant will wor under the direct suervision of the ead of rogrammes at ead offices evaluated in terms of the qualit of complete coverage of all aspects of the terms of reference timeliness who will also erform the evaluation of the assignment b the contracted consultant will regularl in relation to research analsis and production of a draft report as well as compliance with qualifications communicate with the consultant and rovide suort to himher when reuired as provided for herein.

isclaimer he terms of reference herein aove are not conclusive ut simpl an indication of some of he consultant should meet the following minimum selection criteria MCJL’s expectations. More detailed discussions as regards our comprehensive expectations from this assignment shall e held with the successful consultant. • A Bachelor’s degree in law and/or other relevant postgraduate qualifications. • t least ears of demonstrated eerience of undertaing similar assignments in legal ublic olic gender based socioeconomic research in ganda is essential • good understanding of the uslim adudication sstem will be an added advantage • A clear understanding of Uganda’s legal Framewor in famil matters • ndeth nowledge and understanding of issues of gender based socioeconomic issues in ganda • ood analtical and documentationreort writing sills • ood communication sills ecellent command of oral and written nglish • ust have a a dentification umber and roof of comliance with statutor ta obligations

he selection of the consultant will be based on the technical evaluation he onsultant with the highest technical score will be selected

shall hold all roert rights such as coright atents and registered trademars on matter directl related to or derived from the wor carried out through this contract with

37 MUSLIM CENTRE FOR JUSTICE AND LAW

Annex B: Interview Guide for Key Informants / FGDs

i. hat is the la and polic guiding muslim adudication in ganda ii. hat structures undertae adudication existence and functionalit iii. Comment on accessiilit accessile ithout discrimination ithin safe phsical reach for all sections of the population and affordale iv. cceptailit respectful of religious ethics and culturall appropriate v. ualit appropriateness of services offered e.g privac confidentialit of proceedings vi. ules of operation applied – pament of fees reuirement of presence participation of omen vii. umer of adudicators involved per case viii. esort to mediation ix. tandard of performance including time eeping performance of adudicators and supervision superiors x. ecord eeping and gender reporting including disaggregated data xi. esources availale from MC administration resources economic human training oversight and monitoring stationer etc xii. hat are the common cases handled xiii. hich groups of omen are most marginalised xiv. hat opportunities exist for empoerment of omen can omen spea openl are the involved in decision maing xv. hat are the direct and indirect enefits from women’s participation xvi. re complaints made on ehalf of female victims acceptale and if so ho are these dealt ith xvii. hat are the necessar actions to e taen dut earers in strengthening the performance of muslim adudication sstems short and long term recommendations.

38 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

Annex B: Interview Guide for Key Informants / FGDs Annex C: List of Respondents i. hat is the la and polic guiding muslim adudication in ganda me esnon nson ii. hat structures undertae adudication existence and functionalit iii. Comment on accessiilit accessile ithout discrimination ithin safe phsical reach for all sections mn sn eeomen e of the population and affordale n eo eoe o o iv. cceptailit respectful of religious ethics and culturall appropriate v. ualit appropriateness of services offered e.g privac confidentialit of proceedings w so es eoe o o vi. ules of operation applied – pament of fees reuirement of presence participation of omen vii. umer of adudicators involved per case e se owe m o n m oo viii. esort to mediation e m ee mm ose ix. tandard of performance including time eeping performance of adudicators and supervision superiors e wm s mm ose x. ecord eeping and gender reporting including disaggregated data xi. esources availale from MC administration resources economic human training oversight and e mn ome mm mm s oo monitoring stationer etc w mn ese s oo s xii. hat are the common cases handled xiii. hich groups of omen are most marginalised e sem s mm s e s xiv. hat opportunities exist for empoerment of omen can omen spea openl are the involved in decision maing e s n mm ee ommn ose xv. hat are the direct and indirect enefits from women’s participation e mm weoeee s s xvi. re complaints made on ehalf of female victims acceptale and if so ho are these dealt ith xvii. hat are the necessar actions to e taen dut earers in strengthening the performance of mowe esen se weoeee muslim adudication sstems short and long term recommendations. owe wee esen se weoeee wm esen se ee

sn oo esen se weme

mne esen se weme oo

see esen se

mn moo esen se ee

en esen se o m

w esen se ee

39 MUSLIM CENTRE FOR JUSTICE AND LAW

Annex D: List of Documents Reviewed

sm ene o se n w nn ne eo – ne sm ene o se n w e oess eo – e sm ene o se n w e oess eo – e sm ene o se n w e oess eo n – sm ene o se n w e oess eo – ne sm ene o se n w e oess eo – e enne ene ens n e o sem eew o omen es w n o o omen n n os n n

40 GENDER RESPONSIVENESS OF THE MUSLIM ADJUDICATION SYSTEM IN UGANDA

Annex D: List of Documents Reviewed

41 MUSLIM CENTRE FOR JUSTICE AND LAW

Head Office: Plot 401/2, Basiima Building (Umeme Offices), Bwaise Ku Ssatu P.O. Box 6929 Kampala, Uganda | Tel: 0414 531084 / Mob: 0701 282887 / Fax: 0414 531088 Email: [email protected], [email protected], Website: www.mcjl.ug

• Central Region Offices: Mpigi District, Mpigi District Head quarters • Northern Region Offices: Omoro District, Opposite Palenga Primary School, Palenga • Eastern Region Offices: Mayuge District, Bodobeera zone, Opposite Bunya Secondary School