Inter Press Service
- Evelyn Kiapi Matsamura
KAMPALA,
Apr 7 (IPS) - Members of Uganda's minority Muslim
community have criticised their country's domestic
relations bill, saying it goes against the teachings
of Islam.
To express
their anger, thousands of Muslims from various parts
of the country (police estimated 7,000), led by
Sheikh Ramadhan Mubajje, held a demonstration in
Uganda's capital Kampala over the bill last week.
The bill is now in parliament.
The
protestors, who included women, young and old, wore
hijabs, or Islamic veils, covering their head.
During the procession, they carried placards and
banners opposing sections of the bill on polygamy,
bride price, cohabitation and age of consent to
marriage - all of which are practiced in Islam.
Marching
to parliament, they flashed out the four-finger
sign, referring to the practice of marrying up to
four wives by Muslim men, as stipulated in Islam.
The protestors argued that the bill was against the
teachings of the Koran, and that it tilts toward
Christian laws.
Over the
years, women activists in Uganda have regarded the
bill as a powerful tool which could protect them
from harmful traditional practices such as female
genital mutilation (FGM), bride price and widow
inheritance. The women have accused the government
of dragging its feet in passing the bill, which has
been on the shelves for almost 40 years.
The bill,
known as the Domestic Relations Bill (DRB), entitles
"men and women to equal rights in marriage, during
marriage and at its dissolution".
Activists
say the bill will play a major role in reducing the
spread of HIV/AIDS. Women, especially those who
carry the burden of looking after people living with
HIV/AIDS, are more vulnerable to the virus than men.
According to the Joint United
Nations Programme on HIV/AIDS (UNAIDS),
over 50 percent of new HIV infections worldwide
occur in women. And in countries where young people
account for 60 percent of all new infections,
infected young women outnumber their infected male
peers by a ratio of 2 to 1. UNAIDS also estimates
that close to eight million women in sub-Saharan
Africa (out of 10 million women infected worldwide)
are HIV-positive.
Standing-by their religion, Uganda's Muslim leaders
have rejected the claims that they were out of touch
with current changes in society.
"The Koran
caters for every aspect of marriage, children and
relationships. There is no need for making another
law for Muslims. A man can marry depending on his
ability to maintain and sustain the relationship,"
Sheikh Mubajje said at the procession.
In a
statement to the deputy Speaker of Parliament
Rebecca Kadaga, Mubajje said Muslims want the title
of the bill changed and the marriage age defined as
when a woman reaches the 'age of puberty' rather
than the proposed 18 years.
While the
Uganda Human Rights Commission in February had asked
parliament to outlaw polygamy, arguing it undermines
the dignity of women and welfare of the family, in
Islam, not just the men defend polygamy. Even the
women do.
"Very many
women are looking for husbands. There are many
widows. If the law prohibits men from marrying more
than one woman, who will marry the widows?" asked
Fatuma Kamulali, chairwoman of the Kampala-based
Uganda Muslims Women's Association for Daa'wa and
Development.
Faridah
Kakaire, the association's secretary general, said:
"The law should not deny our men from marrying the
number of women they want. A man marries to please
Allah (God) and not to please people."
According
to research done by the Association of Women Lawyers
(FIDA) in 1999, about 85 percent of women
interviewed in Uganda said they would not be in a
polygamous marriage if they had a choice.
"Those
women have not had a chance to read. No one has
reached out to them to understand the provisions of
the bill," Norah Matovu Winyi, FIDA Chairwoman, said
in an interview with Sunday Monitor, a local
publication.
Some
activists believe particular clauses of the bill
have been misinterpreted. "I think the Muslims are
just misinterpreting the DRB, particularly the
clause on the polygamy," Solome Nakawesi Kimbugwe,
the coordinator of Uganda Women's Network, told IPS
in a telephone interview.
"We think
their coming out on the street to demonstrate shows
that the Parliamentary Committee should go back to
the drawing board," she said.
Last week
the Legal and Parliamentary Affairs Committee
concurred with some concerns of the Muslim
community, 'toning' down sections of the bill,
following visible cultural and religious sentiments.
The
committee recommended that the title of the bill be
changed to 'Marriage and Family Act' and that the
law should recognise communities that use 'marriage
gifts', a euphemism for dowry.
It also
suggested that the word "widow inheritance" be
replaced by "re-marriage according to customary
norms".
Nonetheless, the members of the Muslim community,
who make up about 16 percent of Uganda's population,
have yet to react to the changes made by the
committee.
050407
IP050405
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