Why Muslims will not obey the DRB
Apr 28, 2005
There has been unrest within the Muslim community, with some opposing the Domestic Relations Bill currently being discussed in Parliament. Dr Abbas Kiyimba, Uganda Muslim Youth Assembly chairman talked to <b>Hamis Kaheru</b> about why they are against Bill.
QUESTION: What areas of the Bill are of concern to Muslims?
Answer: According to the Bill, if a Muslim wants to marry, he must notify and get permission from the District Registrar of Marriages and even get a licence, which expires after three months. For us marriage is an act of worship and we do it according to the way it is taught in Islam. We consider these inclusions of District Registrar, etc, irrelevant. Qadhis are the ones concerned with an Islamic marriage. A situation where a Peter or John (Registrar) can say ‘yes’ or ‘no’ to an Islamic marriage is not acceptable. The state has an obligation to take note of the state of family but not to regulate it even before it happens.
How is marriage supposed to be in Islam?
You identify a potential wife, negotiate with the family and go to the Imam who will explain to you what it takes to enter into a marriage. In Islamic countries, the Imam files returns to the Qadhi and the marriage is recorded.
What is the second area of concern?
We object to restrictions on polygamy. The Bill does not prohibit polygamy but it says a Muslim man intending to marry another wife shall make an application to the District Registrar. It also says the man must show he is capable of supporting his family economically. I don’t think that makes sense because what if he loses that capability. Do you go back to the state and return the children and wife?
Is Islam silent about family welfare?
You must provide equally for your family but you are not required to demonstrate to anybody because capability varies. Capability need not be material as they are proposing because what is the minimum income that is required even to marry a first wife? Otherwise, the poor will never marry.
What about the requirement to treat one’s wives equally?
Islam requires you to treat your wives equally but the idea of proving this to the District Registrar of Marriages shows polygamy has been put into disrepute. Who is this person that can decide whether I am capable of giving the same treatment to my wives? This anti-polygamy military in DRB is completely misguided and we cannot accept it. If it is passed certainly we shall break it.
What about consent of the first Wife?
Islam does not require the first wife to consent to the second marriage. There are many reasons a man may marry. A second marriage may put the first wife at an emotional disadvantage but work for social order. For example, if there is reasonable fear that if a man does not marry the second wife, he may commit an act of infidelity, in the interest of social order and decency the man must be allowed to marry another wife. Even when the first wife is barren she will not consent that the husband marries. The alternative is to find some cause to divorce her, which is not fair even to her. It is humiliating to require such a wife to give consent because the man can use arm-twisting tactics.
Then cohabitation?
The idea of a man picking up a woman and living with her without being married lawfully is disturbing. We are not willing to have cohabitation. The Bill also says people cohabiting may register with the sub-county chief that they are cohabiting and any monetary/non-monetary contributions made during cohabitation.
What does the Sharia say about co-ownership and sharing of family property?
Sharia does not provide for co-ownership. It provides for both man and woman to accumulate wealth. The woman earns from the home. She is supposed to be paid for certain services and accumulate money over the years. Upon divorce, you pay her for those services. She also has a right to own property separately from you and the husband has a duty to maintain your family.
To say that after you have been married for 15 years the wife acquires 50% interest on your property is to prevent the Muslim man from marrying a second wife. This is because after she has acquired the 50% and you marry a second wife, your second wife and her children will subsist on the remaining 50%. This is very crude, it must have been drafted by a woman thief.
There is no family property in Islam?
Family property is strange to Islam. Property belongs to individuals. Children have property rights in the property of their mother and of their father and the children claim interest. I look after the child but he does not own my property.
The Islamic property law says if a man marries a woman, his property remains his. But the woman gets Mahr which she asks for from the man. The Mahr is supposed to be valuable and it is her Entandikwa which she can invest and get wealth. She may also have acquired property from her parents. All that is hers. All property registered in her names is hers and all that is registered in the man’s name is his.
Why should a wife be paid for her services? Is she a domestic servant?
She is not your slave. Even women were paid for breast-feeding because this is your (husband) child. Her duties are clearly spelt out in the Koran and they do not include washing your clothes, for example. She washes because there is mutual understanding between both of us, otherwise she can demand to be paid.
Any other objections related marriage?
parents’ consent is an obligation in Islam but this bill abolishes it. Unless the woman has been married before and divorced or widowed, she needs her parents’ concent. On bridal gifts, Mahr is a pillar of marriage but it seems to have been swept aside as part of bride price.
On age of consent, we are saying the Constitution and the Bill are wrong on 18 years. For us Muslims girls get married when they reach puberty. Some girls get their periods at 21 years. Others reach puberty at 13 and if their bodies are firm they can start marriage at 13. Age 18 makes sense when the girl is still at school. But if she is not at school keeping her at home unmarried up to 18 years is a recipe for disaster. In villages girls become sexually active at 15 so you have three years of sexual activity that are unaccounted for. In between they get pregnant and the men fear to be arrested so they deny the pregnancies.
Muslim leaders want the Bill withdrawn completely?
Our advice is to leave us alone make their good law for those who do not have any family-related guidelines in their religion. It is neither possible nor necessary to improve the DRB to Muslims’ satisfaction. So we are saying make laws for other groups if you want to and leave us alone because we have valid social laws in Islam. But we want to remain in the legal framework of the country. The Constitution provides for Qadhi Courts. So they should make a law that regulates the application of Qadhi Courts to take care of Muslim interests related to marriage and family.
So Mulsims do not want anything in the Bill?
Let them include an exclusion clause in the Bill that this law will not apply to Muslims whose affairs will be handled by the Qadhi’s courts law. Just like it is now. The Marriage Act caters for Christians and other Ugandans who may want to marry through the civil procedures. The Muslims are currently covered by the Marriage and Divorce of Mohammedans Act. For us we are comfortable with the arrangement that Muslims are recognized under their own law and the Christians are recognized under another law. Even those Muslims who may not wish to marry under the Mohammedans Act can alos access the civil marriage aspect
Ends
Answer: According to the Bill, if a Muslim wants to marry, he must notify and get permission from the District Registrar of Marriages and even get a licence, which expires after three months. For us marriage is an act of worship and we do it according to the way it is taught in Islam. We consider these inclusions of District Registrar, etc, irrelevant. Qadhis are the ones concerned with an Islamic marriage. A situation where a Peter or John (Registrar) can say ‘yes’ or ‘no’ to an Islamic marriage is not acceptable. The state has an obligation to take note of the state of family but not to regulate it even before it happens.
How is marriage supposed to be in Islam?
You identify a potential wife, negotiate with the family and go to the Imam who will explain to you what it takes to enter into a marriage. In Islamic countries, the Imam files returns to the Qadhi and the marriage is recorded.
What is the second area of concern?
We object to restrictions on polygamy. The Bill does not prohibit polygamy but it says a Muslim man intending to marry another wife shall make an application to the District Registrar. It also says the man must show he is capable of supporting his family economically. I don’t think that makes sense because what if he loses that capability. Do you go back to the state and return the children and wife?
Is Islam silent about family welfare?
You must provide equally for your family but you are not required to demonstrate to anybody because capability varies. Capability need not be material as they are proposing because what is the minimum income that is required even to marry a first wife? Otherwise, the poor will never marry.
What about the requirement to treat one’s wives equally?
Islam requires you to treat your wives equally but the idea of proving this to the District Registrar of Marriages shows polygamy has been put into disrepute. Who is this person that can decide whether I am capable of giving the same treatment to my wives? This anti-polygamy military in DRB is completely misguided and we cannot accept it. If it is passed certainly we shall break it.
What about consent of the first Wife?
Islam does not require the first wife to consent to the second marriage. There are many reasons a man may marry. A second marriage may put the first wife at an emotional disadvantage but work for social order. For example, if there is reasonable fear that if a man does not marry the second wife, he may commit an act of infidelity, in the interest of social order and decency the man must be allowed to marry another wife. Even when the first wife is barren she will not consent that the husband marries. The alternative is to find some cause to divorce her, which is not fair even to her. It is humiliating to require such a wife to give consent because the man can use arm-twisting tactics.
Then cohabitation?
The idea of a man picking up a woman and living with her without being married lawfully is disturbing. We are not willing to have cohabitation. The Bill also says people cohabiting may register with the sub-county chief that they are cohabiting and any monetary/non-monetary contributions made during cohabitation.
What does the Sharia say about co-ownership and sharing of family property?
Sharia does not provide for co-ownership. It provides for both man and woman to accumulate wealth. The woman earns from the home. She is supposed to be paid for certain services and accumulate money over the years. Upon divorce, you pay her for those services. She also has a right to own property separately from you and the husband has a duty to maintain your family.
To say that after you have been married for 15 years the wife acquires 50% interest on your property is to prevent the Muslim man from marrying a second wife. This is because after she has acquired the 50% and you marry a second wife, your second wife and her children will subsist on the remaining 50%. This is very crude, it must have been drafted by a woman thief.
There is no family property in Islam?
Family property is strange to Islam. Property belongs to individuals. Children have property rights in the property of their mother and of their father and the children claim interest. I look after the child but he does not own my property.
The Islamic property law says if a man marries a woman, his property remains his. But the woman gets Mahr which she asks for from the man. The Mahr is supposed to be valuable and it is her Entandikwa which she can invest and get wealth. She may also have acquired property from her parents. All that is hers. All property registered in her names is hers and all that is registered in the man’s name is his.
Why should a wife be paid for her services? Is she a domestic servant?
She is not your slave. Even women were paid for breast-feeding because this is your (husband) child. Her duties are clearly spelt out in the Koran and they do not include washing your clothes, for example. She washes because there is mutual understanding between both of us, otherwise she can demand to be paid.
Any other objections related marriage?
parents’ consent is an obligation in Islam but this bill abolishes it. Unless the woman has been married before and divorced or widowed, she needs her parents’ concent. On bridal gifts, Mahr is a pillar of marriage but it seems to have been swept aside as part of bride price.
On age of consent, we are saying the Constitution and the Bill are wrong on 18 years. For us Muslims girls get married when they reach puberty. Some girls get their periods at 21 years. Others reach puberty at 13 and if their bodies are firm they can start marriage at 13. Age 18 makes sense when the girl is still at school. But if she is not at school keeping her at home unmarried up to 18 years is a recipe for disaster. In villages girls become sexually active at 15 so you have three years of sexual activity that are unaccounted for. In between they get pregnant and the men fear to be arrested so they deny the pregnancies.
Muslim leaders want the Bill withdrawn completely?
Our advice is to leave us alone make their good law for those who do not have any family-related guidelines in their religion. It is neither possible nor necessary to improve the DRB to Muslims’ satisfaction. So we are saying make laws for other groups if you want to and leave us alone because we have valid social laws in Islam. But we want to remain in the legal framework of the country. The Constitution provides for Qadhi Courts. So they should make a law that regulates the application of Qadhi Courts to take care of Muslim interests related to marriage and family.
So Mulsims do not want anything in the Bill?
Let them include an exclusion clause in the Bill that this law will not apply to Muslims whose affairs will be handled by the Qadhi’s courts law. Just like it is now. The Marriage Act caters for Christians and other Ugandans who may want to marry through the civil procedures. The Muslims are currently covered by the Marriage and Divorce of Mohammedans Act. For us we are comfortable with the arrangement that Muslims are recognized under their own law and the Christians are recognized under another law. Even those Muslims who may not wish to marry under the Mohammedans Act can alos access the civil marriage aspect
Ends