KAMPALA, Uganda– In a landmark case highlighting the intersection of religious rights and constitutional obligations, five Justices of the Constitutional Court, led by Deputy Chief Justice Flavian Zeija, today heard a petition by Muslim women lawyers seeking the establishment of Qadhi Courts in Uganda.
The petition, brought forward under the Islamic Women Initiative for Justice, Law and Peace and spearheaded by Dr. Mwanga Mastullah Ashah, calls on the Executive and Parliament to fulfill their constitutional duty under Article 129(1)(d) of the 1995 Constitution, which provides for the creation of Qadhi Courts to handle matters of marriage, divorce, inheritance, and guardianship within the Muslim community.
Represented by Counsel Kenneth Ssebabi Kakooza, the petitioners argued that despite constitutional recognition, Qadhi Courts have remained non-operational for nearly three decades.
They expressed concern that this legislative omission has left Muslim women without a formal legal avenue for resolving personal status issues, forcing them to rely on informal systems that are unregulated, undocumented, and often biased against marginalized individuals.
“This is not just a legal technicality—it is a social justice issue,” Kakooza told reporters outside the court. “Muslim women deserve access to a justice system that reflects their cultural and religious realities and is backed by the force of law.”
The petitioners emphasized that the State has a constitutional obligation to ensure access to justice for all, including marginalized groups like Muslim women, and urged the court to compel the relevant arms of government to act.
In response, the Justices acknowledged receipt of the written submissions and informed both parties that they would study the evidence and deliver their judgment at a later date, to be communicated by notice.
The case is being closely watched by legal scholars, women’s rights activists, and religious leaders, with potential implications for how Uganda reconciles its secular legal framework with religious pluralism.
