Gender justice advocate Abdulwali Shariff has released a white
paper proposing sweeping constitutional and legal reforms to Kenya's Kadhi court
system.
In a statement to newsrooms on Saturday, Sharrif said the white paper aims to align Islamic family law with the 2010 Constitution
and International human rights norms.
"The paper calls for an end to instant triple talaq,
unregulated polygamy and the use of Nikam as a sex contract. These practices,
it argues, compromise women’s dignity and violate Quranic principles of
justice," Shariff said in a statement.
The gender advocate said the White paper recommends
mandatory law degrees and Arabic proficiency for all Kadhis, with at least 10
to 15 years of experience in family law and Shariah.
He said gender sensitivity training and rights of appeal are
emphasized in the white paper.
Shariff said the white paper further proposes banning
instant talaq, introducing court-supervised divorce with mandatory
reconciliation and making marriage contracts enforceable documents detailing
rights and obligations.
He said the gender justice measures are the formation of a
gender Justice Advisory Board with female scholars and lawyers, provision of
legal and public education for women and civil remedies for post-divorce
financial and emotional harm.
"Drawing from reforms in countries like Morocco, Tunisia,
India, South Africa and Turkey the proposal emphasizes a return to qur’anic
principles of fairness while embracing modern legal standards," Shariff
said.
He said the white paper urges lawmakers, civil society, religious
leaders and international human rights bodies to champion a constitutional
amendment that secures gender equality in religious courts.
Shariff said he plans a multipronged campaign involving high
court petitions and private member bills, public debates, mosque workshops,
media outreach and partnerships with UN Women and global Islamic reformers.#
He said he proposed the white paper based on personal
experience and male-dominated society.
