THE PLACE OF ISLAMIC LAW IN TANZANIA MAINLAND.
Introduction:
Islam is one of the Universal religions of the world. As a religion, Islam is governed by an assortment of divine laws known as shariah of which its sources are mainly attributed to the divine revelations in the Holy Qur’an and traditions of the Prophet (P.B.U.H). This package is what forms the basis of the spiritual, economic, political and social guidance of Muslims. Thus, all the laws of Islam have to be annexed to and borne of the Holy texts. Contrary to this, such laws would be regarded as un-Islamic.
On the other hand, as regards the modern states, the mother of all laws is the constitution. It therefore follows that any law of the land must be in conformity with the Constitution; otherwise, such a law would be declared unconstitutional or ultra vires the constitution and would be of no legal effect. In other words, no state has a right to enact any laws or rather provide for the application of the same, unless such laws have been expressly or impliedly guaranteed by the constitution.
Tanzania is governed by the Constitution of the United Republic of Tanzania 1977.This Constitution provides a right to Freedom of religion which includes inter alia, choice in matters of religion and change of religion. From this provision, it may be inferred that, Islam, as a religion, is recognized in Tanzania.
The United Republic of Tanzania is a product of a union between Zanzibar and Tanganyika. The union consists of two governments: the union government and the government of Zanzibar. As a result of this, Islamic law in Tanzania is applied in two different modes. In the isles of Unguja and Pemba i.e. Zanzibar, Islamic law is governed by a separate system of courts known as Kadhi’s courts. However, these courts are limited to Islamic matters related to personal status, marriage, divorce and inheritance in proceedings in which all parties profess the Muslim religion. On the other hand, in Tanzania mainland, there are no separate courts for the application of Islamic law. The single hierarchy of courts hears and determines disputes regarding both Muslim and non-Muslim or rather secular matters of interest.
This paper will chiefly focus on the application of Islamic law in Tanzania mainland, although reference will be made to Islamic law in Zanzibar where appropriate. Take my hand and let me lead you through this. The paper will discuss the application of Islamic law during colonization and post -colonial period including the present state.
Every religious sect has its own traditions and historical rituals that they abide to. In religions, almost everything has significance to it. And anyone concerned about the future of his/her religion, will continue to ensure that these traditions are followed, to preserve their own way of life. Now, most countries have religious freedom clauses in their constitutions that state that anyone living on their soil has the right to practice the religion of their choice. Now this might seem a minuscule fact for someone of a common religion, but to someone of a minority religion, this is all the protection they have from the legal system. This paper is only a taste of the justices and injustices that Rastafarians have faced in legal systems across the globe. Some instances a loophole for the "misfortunate", others an outcry from the oppressed.
Islamic teachings that are followed by Muslims around the globe do not have same context and applicability like other religions of the world. Islam not only tells about the way of worshiping the Lord and behaving like a good human being but it also give a complete code of life. It includes political, military, social, financial, legal and governance systems. Non-Muslims normally con...
Nigosan, Solomon. Islam: Its History, Teaching, and Practices. ed. Vol. Bloomington: Indiana University Press, 2004. Xvi-129.
The Vedas is a book used in Hinduism while the Quran and the Bible are used by the Muslims and Christians. The three texts discuss law and spirituality. In additional to enhancing spirituality, the holy texts impose the rule of law on their subjects. The texts have forged laws that are currently being implemented by the legal orders. The laws are applied nationally and internationally in support of the legal orders. For instance, the Quran is the supreme l...
Souryal, S., (1988) “The Role of the Shari’ah Law in Determining Criminality in Saudi Arabia” – International Journal of Comparative and Applied Criminal Justice.
The Islamic tradition, as reflected in Naguib Mahfouz’s Zaabalawi, has over the course of history had an incredible impact on Arab culture. In Mahfouz’s time, Islamic practices combined with their political relevance proved a source of both great power and woe in Middle Eastern countries. As alluded to in Zaabalawi, Mahfouz asserts the fact that not all Muslims attain religious fulfillment through this common tradition, and other methods outside the scope of Islam may be necessary in true spiritual understanding.
The region of the Middle East and its inhabitants have always been a wonder to the Europeans, dating back to the years before the advent of Islam and the years following the Arab conquest. Today, the Islamic world spreads from the corners of the Philippines to the far edges of Spain and Central Africa. Various cultures have adopted the Islamic faith, and this blending of many different cultures has strengthened the universal Islamic culture. The religion of Islam has provided a new meaning to the lives of many people around the world. In the Islamic world, the religion defines and enriches culture and as a result the culture gives meaning to the individual. Islam is not only a religion, it is in its own way a culture. It may be this very fact that the Europeans have not yet understood, as to how religion plays a significant role in the life of a Muslim. One of the more commonly misunderstood aspects of the Shariah is the role of the family, in particular the role of the women in the family and in the society in which she lives in. The actual role of a woman in a particular Muslim community may vary according to the part of the world she lives in, nonetheless all Muslim women abide by the same fundamental rules and regulations which the religion clearly defines. Both the Quran and the Hadith are detailed sources that describe the role of women in Islamic History. The rights and responsibilities of a woman are equal to those of a man, although are not identical with them.
Saudi Arabia is one of largest Muslim populated Countries in the world, which follows the Islamic culture. The laws are called “Laws of God”, which are apparently interpreted from the Quran. The “Laws of God” is also known as the Sharia laws. The Sharia laws have great impact on Saudi Arabian women, Muslim citizens and Non-Muslim expatiates. Women of Saudi Arabia have limited rights based on the countries Islamic beliefs. However, they are gradually making progress to uplifting some restrictions. Muslim citizens have rigorous rules set in place as well. Furthermore, Non- Muslim citizens are stripped of their rights to Freedom of Religion.
The Islam religion has several institutions that address several issues. The institutions aim at improving the relation among people and promoting mutual understanding. One of the institutions is the “aman”. This institution unites individuals, groups and associations of Islamic religion in Asia. Though the institution is basically of Muslim origin, it also cooperates with groups of other faiths. The aim of this institution is to advocate for poverty eradication, human rights, social justice, environmental protection, communal harmony, peace and inter-fa...
Esposito, John L. What Everyone Needs To Know About Islam. Oxford: Oxford University Press, 2002. EBook. Web. 24 Apr. 2014.
The evolution of legal doctrine of the ancient schools of law, from the time after Mohammad...
Esposito then proceeds to elaborate on the basic tenets of Islam. He describes Islam’s basic theology, and with that, the historical development of Islamic Law, including its sources, reasonings, and of course, the differing interpretations regarding it. I...
Islam is an Arabic word that means surrender, obedience and submission to Allah (God) (Khorfan et al., 2010). Islam is one of the three major religion in the worlds which Christianity and Judaism. Islam has two main resources that Muslims depend on them in their daily life. These sources are Holy Quran (the words of Allah) and the saying of the prophet Muhammad (PBUH) that called Sunnah (Almatary et al., 2014). In addition, a third source was considered for making the decision for complicated issues after evaluating these conditions. This source is called Ejtihad (ijma’a) which means moral agreement between religion leaders about specific situation (Khorfan et al., 2010). In other words, the leaders are meeting to discuss some issues and proof that decision from the Holy Quran and The Sunnah (Almatary et al., 2014). The fourth source is Qiyas which means the religion scholars are using the logic to evaluate moral issues in general (Khorfan et al., 2010). Muslims are using all of the sources to support most of the issues such as abortion. Islamic law is flexible and deals with every aspects of our life to eliminate any threat a person might face in the life.
Rahman, Fazlur. Islam & Modernity: Transformation of an Intellectual Tradition. Chicago: U of Chicago, 1982. Print.
It goes without saying that people are not entitled to take the law in their own hands, for it’s the responsibility of the Muslim State and its concerned bodies to maintain peace, security, etc., and to prevent chaos and disorder from creeping into the Muslim society.”