By: Nyima Sillah
Imam Baba Leigh, an Islamic scholar and a Commissioner at the National Human Right Commission has spoken on the appointment of the two female cadis.
“We are governing by the constitution and it is clearly stated in the Holy Quran. Now if you want to argue that female cannot be Cadis what others will ask you are, is it stated in the Holy Quran as a text, you never find it there you never find it in the Holy Quran text that women should not be Cadis is not there.
“When you go to the jurisprudence there are some schools of thoughts who will never accept it especially Maliki which we belong to but we are not govern by Maliki we are not govern by any school of thought we are govern by our constitution,” he said.
“A privilege was given to the Gambians during the colonial’s days that the Cadis will take care of the matrimonial issues even there, when you are not satisfied, you appeal your case and go to the court. Who is going to seat there you cannot determine that at High Court and you cannot determine who is going to be the judge it could be a woman or not even Muslim because the constitution allow that?
“The constitution refuses discrimination based on gender, color, religion. Adding “what am saying here is if we are govern by the constitution as Muslims especially those who are strictly with other school of thoughts, they will find themselves in a very difficult life because they are not govern by the Holy Quran, they are not govern by the Islamic Shariah law they are govern by constitution and constitution is a man made,” he added.
He said he has been consulted before and he gave out his opinion and nevertheless what has happened has happened the fact of the matter is “we are Muslims we are believers but we are not govern by the Holy Quran so if you are taking your governance through the Holy Quran, you are making a big mistake.”
