Thursday, July 10, 2025

The Kadhi Court Is Not Established in the Qur’an

By Dr. Maxwell Shimba

Shimba Theological Institute / Max Shimba Ministries

Date of Original Publication: Monday, April 11, 2016
Revised Translation and Theological Analysis (2025 Edition)

Abstract

This article offers a theological and legal critique of the demand for Kadhi Courts by some Muslims in Tanzania. It argues, based on Qur’anic exegesis and Islamic jurisprudence, that the institution of the Kadhi Court lacks explicit Qur’anic authorization. Furthermore, it raises constitutional, legal, and human rights concerns about its implementation in a secular state like Tanzania, especially concerning the treatment of women, inter-sectarian disagreements, and judicial standards.

Introduction

The call for Kadhi Courts by some Tanzanian Muslims has sparked considerable debate concerning the legitimacy and compatibility of such courts within the nation's legal and constitutional framework. This paper critically examines the doctrinal basis for Kadhi Courts in Islam, specifically within the Qur'an, and explores the broader socio-political and ethical implications of introducing such institutions.

1. Qur’anic Silence on the Kadhi Court

Contrary to popular belief among many Muslims advocating for Kadhi Courts, the Qur’an does not contain a single verse that mandates or even suggests the establishment of such courts. Nowhere in the Qur’an does Allah command Muslims to seek justice specifically through a Kadhi or a religious judicial system resembling a Kadhi Court.

This absence invites important theological reflection:
If Allah did not prescribe such courts, why do some Muslims insist on their institutionalization?
Is it justifiable to construct a religious judiciary in Allah’s name where the Qur’an remains silent?

2. Critical Questions on the Legitimacy and Function of the Kadhi Court

A. Who Appoints the Chief Kadhi and Kadhis?

Where in the Qur’an is the appointment of a Chief Kadhi or subordinate Kadhis outlined? Who possesses the divine authority to make such appointments?
No verse exists which grants any person or institution the power to appoint a Chief Kadhi.

B. What Are the Qualifications for a Kadhi?

The Qur’an does not define any qualifications—educational, moral, legal, or religious—for someone to serve as a Kadhi.
Where are the verses outlining the academic or spiritual requirements for such an office?

C. Legal Training and Secular Law Conflicts

Most individuals appointed to Kadhi positions lack training in secular legal principles, including the Evidence Act and the Civil Procedure Act. What legal framework will these untrained officers use to ensure justice? And more importantly, how will their decisions align with the Tanzanian Constitution?

D. Sunni and Shia Divisions

Tanzania is home to both Sunni and Shia Muslims. Since these sects differ significantly in theology and jurisprudence, how will the system address the following:

Will Kadhis be appointed from both sects?
Will there be two different Kadhi Courts?
How will inter-sectarian disputes be resolved?

E. Gender Discrimination and Legal Injustice

The application of Islamic family law, which heavily influences Kadhi Court decisions, raises grave concerns about gender equity. For instance:

Marriage and Divorce:
Only men are granted the unilateral right to initiate divorce (ṭalāq), per Surah 2:228–232 and Surah 65:1–7.
Inheritance and Testimony:
Women receive half the inheritance of men (Surah 4:11), and the testimony of two women is equal to one man’s (Surah 2:282).
Domestic Discipline:
Men are permitted to “strike” their wives lightly (Surah 4:34).

Such injunctions are not only incompatible with modern constitutional law but also violate international standards on gender equality.

3. Constitutional and Ethical Incompatibility

The proposed Kadhi Courts pose a serious threat to the secular and democratic values enshrined in the Tanzanian Constitution. These courts:

Violate the principle of equal protection under the law.
Institutionalize religious discrimination, as they cater only to Muslims.
Undermine judicial impartiality, replacing legal expertise with religious interpretation.
Open the door to parallel legal systems, risking legal fragmentation and community division.

How then will Muslims balance allegiance to national law with adherence to a religious court that contradicts both the Constitution and the fundamental rights it protects?

4. Theological Warning: Inventing for Allah What He Did Not Command

Establishing the Kadhi Court in Allah’s name, without His explicit command, is theologically dangerous. The Qur’an itself warns against attributing to Allah what He did not say:

“Do not say about what your tongues describe falsely: ‘This is lawful, and this is unlawful,’ so as to fabricate lies against Allah. Indeed, those who fabricate lies against Allah will never prosper.”
—Surah An-Nahl (16:116)

Why do Muslims feel the need to “assist” Allah by introducing structures He never prescribed? To invent a court system in His name, when He is self-sufficient and almighty, is not only baseless—it is a form of theological innovation (bid‘ah), a grave sin in Islamic doctrine.

5. Christian Invitation: True Freedom through Christ

In contrast to the legalistic systems of Islamic jurisprudence, Christianity offers freedom from the bondage of the law through the grace of Jesus Christ. The Bible teaches:

“For He made Him who knew no sin to be sin for us, that we might become the righteousness of God in Him.”
—2 Corinthians 5:21

And again:

“For as by one man’s disobedience many were made sinners, so also by one Man’s obedience many will be made righteous.”
—Romans 5:19

The Mosaic law, much like Shariah, could reveal sin but could not redeem from it. It is only through the life, death, and resurrection of Jesus Christ that true righteousness and spiritual transformation are made possible.

“For the law of the Spirit of life in Christ Jesus has set me free from the law of sin and death.”
—Romans 8:2

Conclusion

The proposal to institutionalize Kadhi Courts in Tanzania lacks Qur’anic mandate, poses constitutional dangers, and is fraught with theological and ethical inconsistencies. As such, it must be rejected not only on legal grounds but on spiritual grounds as well.

Instead of returning to legalism and religious stratification, Muslims are invited to embrace the grace and freedom found in Jesus Christ, who alone offers the righteousness of God apart from the law.

Endnote

“And as Moses lifted up the serpent in the wilderness, even so must the Son of Man be lifted up, that whoever believes in Him may have eternal life.”
—John 3:14-15

Come to Christ and be set free—not only from sin but from legal systems that can never save.

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