The Islamic Women’s Initiative for Justice, Law & Peace (IWILAP), the Muslim Women Lawyers Alliance (MWOLA), Center for Health, Human Rights and Development (CEHURD) Muslim Female Lawyers Network on Abortion and the Uganda Association of Women Lawyers (FIDA- Uganda) are deeply saddened by the recent case involving alleged sexual abuse of a 14-year-old girl.
This during a press conference held in Kira division in Wakiso district at the office of The Islamic Women’s Initiative for Justice, Law & Peace (IWILAP).
“We are deeply concerned by the allegations that some Muslim religious leaders and family members are encouraging the mother and survivor to withdraw from seeking justice through the rightful legal process. This issue not only undermines the safety and dignity of children but also poses significant challenges to the pursuit of justice for survivors and their families. We are also alarmed by reports of alleged corruption and failure to conduct proper investigations by the Uganda Police” they said during a press conference held in Kira Division’’. Said Haula Nalubega, Legal officer at Islamic Women’s Initiative for Justice, Law and Peace
According to the organizations, the allegations as stated in the video by the mother of the survivor are sad and they condemn such acts.
“As a society, we must confront these terrible crimes with urgency, transparency, and a commitment to safeguarding our young girls. We categorically reject any misinterpretation of Islam to the effect that it encourages silence in the face of injustice, especially when it concerns the rights and dignity of children”. Ms Haula noted.
She added that “Sexual abuse is a serious crime that cannot and should not be ignored or hidden under the guise of protecting religious or community image. Islam is a religion that emphasizes humanity in all aspects of life, enjoins good and forbids evil”.
“The Qur’an and Hadith teach the importance of justice, doing righteous deeds both in public and private domain, protecting the vulnerable, standing against wrong doing and holding people individually accountable for bad deeds” she added.
According to them, Islam prohibits sexual immorality and unlawful relations. Indeed, in Surah Al-Isra (17:32): “And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.” This verse prohibits all forms of unlawful sexual relations, emphasizing the gravity of engaging in any form of sexual misconduct. This prohibition extends to any act of forced sexual relations, as these acts violate the rights and dignity of individuals.
‘’The religion rather promotes justice and doing righteous deeds. In Surah an Nahl 16:90: ‘Allah commands justice, doing of good and liberality to kith and kin, and He forbids all shameful deeds, injustice and rebellion.” Moreover, the principles of Justice and Punishment in Sharia Law as derived from the Sunnah (teachings of the Prophet Muhammad SAW), the broader framework of Sharia (Islamic law), and subsequent legal interpretations have established that defilement (zina bil jabr—forcible sexual intercourse) is a severe crime with strict punishments, which could include capital punishment or severe corporal punishment’’ they noted.
‘’This case adds on the already daring statistics in the country of sexual abuse. Uganda’s Annual police crime report of 2023 indicates that the number of victims defiled by parents were 97 and those defiled by guardians were 90’’. Said Noor Nakibuka, Deputy Executive Director at Centre for Health Human Rights and Development.
‘’Uganda has several legal and policy frameworks aimed at protecting children and keep them safe from abuse but implementation is still minimal. The penal code Act cap 128, the Domestic Violence Act cap 123, Children’s Act Cap 62, 2018 National sexuality education framework, the 2020 revised guidelines for prevention and management of teenage pregnancy in school settings in Uganda among others all aim at protecting such cases of abuse. It is sad that such abuse still happens in Uganda’’. We strongly believe that reporting cases of sexual abuse is not a source of shame; rather, it is a crucial step towards securing justice for the victim and preventing future harm to others. This incident serves as a reminder of the importance of educating our communities about the signs of abuse and the mechanisms available for reporting it. We encourage parents, educators, religious leaders and community members to engage in open conversations about safety and the need to report abuse and violation of children’s rights’’. She sated
The organizations presented several demands which among include; The Uganda police and Director of Public Prosecutions to expedite the investigations and process of delivering justice upholding and prioritizing the rights and dignity of the survivor and not the alleged perpetrator.
The Uganda police should deploy a victim centered approach that offers a safe and supportive environment for the victim to provide testimony and safeguarding her from any intimidation or harassment.
The Uganda police should conduct an immediate transparent investigation into allegations of bribery and corruption associate with reporting and investigation of cases , The Religious leaders including Sheiks, Imams, the Mufti and his deputies should use their influence seek justice for survivors of sexual violence as the beacons of hope for those facing injustice, not a tool for silencing and shaming the vulnerable.
The family especially parents should speak out against any injustices occasioned in the family and stand together to call out wrong doing this is the beginning of protection for all family members.
The Parliament of Uganda should fast track the process of enacting laws to establish Qadhis’ courts as enshrined under article 129 (1)(d) of the Constitution by enacting an enabling Muslim Personal Law with clear and comprehensive legal provisions that follow the human rights and gender principles. Continued absence of this law perpetuates injustices including those directed at girls and women within the Muslim community.
