The Islamic Women’s Initiative for Justice, Law & Peace (IWILAP), the Muslim Women Lawyers Alliance (MWOLA), the Center for Health, Human Rights and Development (CEHURD) Muslim Female Lawyers Network on Abortion and the Uganda Association of Women Lawyers (FIDA- Uganda) expressed deep concern regarding the recent case involving alleged sexual abuse of a 14-year-old girl.
In their joint statement released on Tuesday, they called for attention to disturbing reports that some Muslim religious leaders and family members are encouraging the survivor’s mother to withdraw from pursuing justice through legal avenues.
“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,” said Mwanga Mastullah Ashah from IWILAP. The organizations condemned these actions, noting that such behaviour sends the wrong message to victims and their families, fostering a culture of silence and impunity.
The statement further addressed allegations of corruption and misconduct by the Uganda Police in investigating the case, as expressed in a video shared by the mother of the survivor. “We are alarmed by the reports of bribery and a failure to conduct proper investigations,” the statement read. This situation, they emphasized, is unacceptable and undermines public confidence in the justice system.
The religious and legal organizations stressed the importance of transparency and urgency in dealing with such cases. They called on the Uganda Police and the Director of Public Prosecutions to expedite investigations, ensuring that the rights and dignity of the survivor are prioritized over any attempts to protect the alleged perpetrator.
The statement categorically rejected any misinterpretation of Islamic teachings that would encourage silence in the face of injustice, especially when it involves children. Citing the Qur’an and Hadith, they affirmed that Islam is a religion of justice, protection of the vulnerable, and accountability for wrongdoing.
“Sexual abuse is a serious crime that cannot and should not be ignored or hidden under the guise of protecting religious or community image,” the organizations stated. They referenced key Islamic texts, including Surah Al-Isra (17:32), which warns against unlawful sexual intercourse, and Surah An-Nahl (16:90), which commands justice and the protection of kith and kin.
“Islam prohibits sexual immorality and promotes doing righteous deeds. Protecting the rights and dignity of individuals, especially children, is paramount,” one of the lawyers added.
Legal Frameworks in Uganda
Uganda’s laws, including the Penal Code Act Cap 128 and the Children’s Act Cap 62, among others, were designed to safeguard children from abuse, but the organizations pointed to gaps in implementation. “It’s sad that such abuse still happens in Uganda despite the existence of strong legal and policy frameworks,” they lamented.
Uganda’s 2023 Annual Police Crime Report highlights the stark reality of the situation, noting 97 cases of sexual abuse committed by parents and 90 cases by guardians. These statistics, coupled with the current case, serve as a reminder of the persistent challenges in combatting sexual abuse in the country.
The organizations also urged religious leaders to take a more active role in advocating for justice. “Religious leaders, including Sheikhs, Imams, and the Mufti, should be beacons of hope for survivors of sexual violence, not a tool for silencing and shaming the vulnerable.”
They called on the Parliament of Uganda to fast-track the process of enacting laws to establish Qadhis’ courts, in line with Article 129 (1)(d) of the Constitution. The absence of comprehensive Muslim Personal Law, they argued, perpetuates injustices, particularly against women and girls in the Muslim community.
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