The Kenya Muslim National Advisory Council has opposed the idea of having a female chief kadhi.
The decision was reached on Saturday during a conference organised by Kemnac for Coast-based Muslim leaders and scholars at a Mombasa hotel.
Addressing the press at the end of the conference, Kemnac national chairperson Sheikh Juma Ngao said it was unheard of and against the Islamic teachings for a woman to ascend to the apex of the Kadhi’s Court.
“Amongst all the prophets of Allah, none was a woman; therefore, no woman can become Chief Kadhi,” Ngao said.
The vocal sheikh warned Chief Justice Martha Koome and the Judicial Service Commission against being ill-advised to even harbour the thoughts of appointing a female chief kadhi.
Ngao further warned the women propagating the idea to "wake up from their dream", stating that the structure of the Chief Kadhi’s Court was different from that of secular courts.
He, however, said women Muslim scholars can be hired by the court to advise the Chief Kadhi on matters concerning women.
“Yes, we agree Kenya is a democratic country and women can ascend to the highest post in the judicial system, but for the kadhi’s court, it’s different. We apply the sharia law as outlined in the Holy Quran and not man-made secular laws as in the other courts,” Ngao said.
Islamic teachings do not allow women to give consent of marriage to their daughters, neither can they ask for divorce nor can they be allowed to lead prayers.
When they are ovulating, women are not supposed to touch the Quran. It is believed that they are moody at this time and during pregnancy, hence cannot be trusted to deliver fair judgment.
Kemnac also questioned the process used to appoint the Chief Kadhi as seen in relation to the appointment of other judges.
They asked that a panel comprising Muslim scholars and clerics be appointed to spearhead the process. They want interviews held openly as was the case with the appointment of the Chief Justice.
The council further plans to call for a nationwide dialogue conference for prominent Muslim scholars to actualise the appointment of Kenya’s first Mufti Menk.
