Qadhis Courts Bill Risks Dividing Uganda's Legal System, Warns Lawyer

Uganda’s Parliament granted leave in August 2025 for a private member’s bill to operationalize Qadhis Courts under Article 129(1)(d) of the Constitution, as notified in the February 27 Uganda Gazette. Proponents claim it fills legislative gaps for existing Sharia courts handling marriage, divorce, inheritance, and family disputes.

Lawyer Rebecca Karagwa acknowledges the valid aim of improving access to justice but warns against the bill’s approach. She argues it would create a parallel legal system based on religion, undermining Uganda’s secular unified laws and Article 21’s guarantee of equal protection regardless of creed.

Karagwa highlights risks of unequal citizenship, especially in interfaith cases where non-Muslims could face Sharia jurisdiction. She points to traditional Sharia rules treating women’s testimony as half that of men’s in financial matters and excluding it in some criminal cases, clashing with constitutional equality.

The bill could also infringe on freedom of religion by not recognizing apostasy from Islam in some interpretations. Jurisdictional conflicts, limited transparency, and potential expansion beyond family law would add confusion, similar to issues with customary law that often harm women.

Instead, Karagwa recommends keeping faith-based mediation voluntary and private, without delegating judicial power to religious councils. She calls for strengthening the existing judiciary to make it more accessible and efficient, ensuring reforms unite rather than divide.

This commentary is based on an article in the Daily Monitor: https://www.monitor.co.ug/uganda/oped/commentary/legal-reforms-should-unite-not-divide-5433248.