There is anxiety in the Muslim community as the Mufti of Uganda, Sheikh Shaban Mubaje, turns 70 years old next month.
Mubaje, who assumed office in December 2000, will be 70 years old on March 12. Under the old constitution, this would send him to retirement.
However, the new Uganda Muslim Supreme Council (UMSC) constitution ratified by the General Assembly on July 13, 2022, provides that the mufti should be at least 55 years old and can serve one term until 75 years old. This has sparked controversy within the Muslim community.
While Mubaje remains silent, UMSC spokesperson Ashraf Zziwa Muvawala confirmed to New Vision that all structures of UMSC have proposed that he serves up to the age of 75.
“Under the old UMSC constitution, the mufti was supposed to retire on March 12. But as you know, the constitution was amended and the retirement age of the mufti was raised to 75 years, which means he is still eligible,” Muvawala said.
Muvawala noted that Mubaje has faced a lot of challenges and overcome them.
Several Muslim clerics have since protested the move, saying it is against the Islamic principle of selflessness.
In a February 24 letter to Mubaje, Musa Miya Kasakya from Butaleja district said the mufti should vacate office on March 12.
“Your eminence, I congratulate you for steering and fostering Muslim unity and development in Uganda. I request that you uphold the Islamic principle of selflessness as laid down in Quran (59:9) and peacefully retire from the position at the end of your tenure on March 12 this year,” Kasakya wrote.
“Under Article 5 (2) of the UMSC constitution as amended, the Muslims in Uganda are eager to witness a transparent process where the Majlis Al-Ulaama (College of Eminent Sheikhs) and Joint Session select a new mufti from among all the Sunni male Muslims in Uganda,” Kasakya said.
Kasakya said if the members of the Majlis Al-Ulaama and Joint Session are inclined to renew Mubaje’s term for five years, there should be a transparent process, including allowing competition.
“The process will be rendered illegitimate if the Majlis Al-Ulaama and Joint Session secretly pass any resolution selecting you as the mufti without the knowledge of the entire Muslim population. Remember that your ascent to the leadership in the year 2000 was made public and known by a large section of the population,” Kasakya noted.
This comes amidst reports that some of the Arab countries, including Saudi Arabia, are intending to suspend collaboration with UMSC over endemic leadership rows.
An official from the Saudi embassy confirmed the development.
Muvawala, however, said no single Arab country, including Saudi Arabia, had channelled money to UMSC.
He, however, blamed some elements within the Muslim community for misleading Arab countries.
Mubaje’s reign
Mubaje’s leadership has been characterised by legal battles.
He mainly boasts persuading President Yoweri Museveni to convince ex-Libyan president Col. Muammar Gadaffi to build the Gadaffi National Mosque, a project that had stalled for decades. On the flip side, he has been accused of selling off many Muslim properties, with the recent one being the Sembabule Muslim land.
Born in Bungokho in Mbale district, Mubaje has been at the helm of the Muslim body for over 20 years. He holds a bachelor’s degree in Sharia Law and a master’s in religious studies from Makerere University.
Before he was elected the mufti in December 2000, Mubaje served as the Mbale district kadhi.
Lawyers’ reactions
Ali Kankaka, a former Uganda Muslim Lawyers Association (UMLAS) president who was part of the team that spearheaded the amendment of UMSC constitution, argues that Mubaje does not qualify to lead beyond the current term.
Mahir Kigula, another lawyer, said the new Muslim constitution only applies to the next office bearer.
“The amendment does not apply to the current office bearer, including the mufti, because they came into office under the old terms. If he (Mubaje) wants to benefit from the new constitution, he must compete with others,” Kigula argues.