MUHURI commissioned Professor Alamin Mazrui of Rutgers University in the USA to prepare a research brief on the question of women kadhis in Kenya.
Professor Mazrui’s statement reflects the position of MUHURI.
An important takeaway from the document is that the local opposition to female kadhis in Kenya has no direct Islamic doctrinal support, in fact, and it is controverted by:
- Lessons from the history of Islam
- Opinions of several leading Muslim scholars, including the Grand Mufti of Al-Azhar in Egypt, and,
- The appointment of women kadhis in a number of Muslim-majority nations, including in a country like Pakistan where Islamic law plays a central role.
MUHURI urges the Judicial Service Commission (JSC) to adopt the view advanced in Professor Mazrui’s brief as it is the only position that would allow the Honorable Commissioners to abide by their oath to serve in conformity with the Constitution of the Republic of Kenya which, among other things, prohibits discrimination on grounds of sex.