Relevance And Effects Of Qadhi Courts In Uganda

Abstract

The paper investigates the role, relevance, challenges, and stronghold of Qadhi Courts in Uganda in solving Islamic family disputes. It examines the legal and institutional framework governing Qadhi Courts in solving Islamic family disputes in Uganda. It further analyzes the various challenges hindering the implementation and operationalizing of Qadhi Courts in Uganda are investigated. The researchers use secondary information from the library of the university and the legislative council of Uganda, which includes principal laws of Uganda, journals and textbooks. It is discovered that the decision of the Qadhi in the Qadhi courts are subject to High court ruling either upholding or otherwise, especially if the aggrieved party appeal against the decision of the Qadhi Court. It revealed that the judge sitting in the appellate may not be versed on Sharia law. The study will be of relevance to the legislative council of the Republic of Uganda in establishing the legal and institutional framework governing family disputes in Islam with guidance of Qadhi Courts in Uganda. It will also be of importance to the Government of Uganda and the community at large in the need for revision of Islamic family laws in relation to divorce, sharing of inheritance, among others. It helps the academia by providing more relevant findings in regard to the provision and relevance of Qadhi Courts in Uganda.