Muslim Students and Youth Organisations have called on the Constitutional Review Commission to enshrine ‘non-Secularization’ of the country in the new constitution. The Gambia, they said should remain a Sovereign Republic and not a Secular Republic.
This call is contained in a position paper whose development was hosted by the Assembly of the Gambia Muslims Youth (AGAMY) together with nine working groups of different national Muslims organisations in December. The youth stated that Secularisation of the country will sharply go against the belief of Muslims who constitute 96% of the population.
According to the paper, secularity of the constitution will inadvertently limit and restrict Muslims from expression of religious and cultural identities, freedoms, belief systems and practices. “Gambia shall continue to be a religious tolerance society, with respect for human rights, good and moral values, cultural, religious and ethnic differences”, the paper states.
In their view, despite provisions in the 1997 Constitution, Muslims are increasingly being discriminated in the country for their religious practices.
“Foreign private sector companies in this country such as schools, banks, hotels, and restaurants are not allowing Muslim women to put on headscarves and proper Islamic attire at work while Muslim men are not allowed to wear beards.”
Islamic Courts The Muslims youth also said that they are aware of the ongoing campaign to disregard constitutional recognition of the existence of the Islamic Court, Qadi in build up to the new constitution.
The current constitution recognizes the Qadi Court which has jurisdiction over family matters of marriage, divorce, and inheritance. “Even with this minimal recognition, there are certain forces which are campaigning day and night, in the open and in secret, to disenfranchise, undermine, and render powerless the Qadi court system”, they say.
They ask for extension of jurisdiction of the Qadi and development of its hierarchical system. “If The Gambia is truly democratic and respects fundamental human rights of people, then the Qadi court will be liberated to hear and determine cases be it civil or criminal according to Sharia.”
Child Marriage VS Child Dating On the issue of marriage, the Muslim groups say that they expect the new law to define the term as “a legal union only between a man and a woman of legal age and with the full consent of both marrying parties.”
According to their stance, it is equally wrong to allow “engagement in extramarital sexual activities.”
Noting that is not logical for the system to accommodate activities such as child dating, and teenage pregnancy while it bans child marriage.