Call for Islamic arbitration in push for alternative justice systems

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OPINION

By Immam Shaffi Kagiiko

Is the Government initiative for interfaith dialogue through aiding legal solutions becoming a success? 

Uganda Muslim Supreme Council (UMSC) has joined a national drive for inclusive justice as the Judiciary expands Alternative Dispute Resolution Mechanisms, where it was realised justifiably that UMSC Kadhi Courts, Churches and Traditional Systems are key to Uganda’s ADR expansion at the 2025 National Summit. 

As Uganda intensifies efforts to decentralise justice through Alternative Justice Systems (AJS), stakeholders at the National ADR/AJS Summit 2025 highlighted an urgent need to operationalise Constitutional Kadhi Courts alongside existing Muslim, traditional, Christian and civil society dispute resolution mechanisms to chart a collaborative path toward accessible justice for all Ugandans.

In a bold move to tackle its staggering case backlog, Uganda’s Judiciary is aggressively promoting Alternative Justice Systems (AJS) and Alternative Dispute Resolution (ADR) mechanisms, with a keen focus on integrating grassroots and faith-based structures.

Uganda’s Judiciary has unveiled ambitious plans to strengthen Alternative Justice Systems (AJS) and Alternative Dispute Resolution (ADR), partnering with traditional, religious and civil society structures to bring justice quicker and closer to the people.

The National ADR/AJS Summit 2025, held at Speke Resort Munyonyo, served as a rallying point for this transformative vision, with the Uganda Muslim Supreme Council (UMSC) emerging as a key player in faith-based arbitration. The Summit’s Theme was “Strengthening Alternative Justice Systems and Alternative Dispute Resolution in Uganda.”  

A Collective Effort for Justice:  

The summit, attended by the Chief Justice, Minister of Justice and Constitutional Affairs, Justice Professor Joel Ngugi of Kenya (as Guest Speaker), Inter-religious Council of Uganda, traditional leaders and Civil Society Organisations, emphasised that in a culturally diverse country, no single institution can bear Uganda’s justice burden alone. Instead, a multi-stakeholder approach, incorporating traditional institutions, religious bodies like UMSC and community mediators, is essential to ensure every Ugandan, regardless of status, location or faith, enjoys fair, equitable and timely justice.  

UMSC’s unique contribution  

While traditional rulers handle customary disputes and Christians resolve Church-related conflicts, the UMSC’s Directorate of Sharia and Muslim Arbitration Committee (MAC) have long provided Islamic dispute resolution in matters of marriage, divorce and inheritance.

Their structured system, operating under UMSC’s nationwide network of Kadhis, offers a proven model for faith-aligned justice, one that could significantly ease pressure on Uganda’s backlogged courts. In fact, on many occasions magistrates’ law courts have referred civil disputes to the District Kadhis or the UMSC Directorate of Sharia.

I represented His Eminence the Mufti at the summit. I reaffirmed UMSC’s commitment to national justice goals, stating that: “we already resolve tens of thousands of family disputes annually through Sharia principles. With formal recognition and capacity-building support, we can do even more – ensuring Ugandans receive justice without unnecessary delays. What is critical here is a comprehensive training and purposive orientation of our Sheikhs in a Law-Development-Centre-like model to be able to understand the basics of Uganda’s legal arrangement and perform better. This takes a judicial institutional project and process.”   

Complementary, Not Competing Systems  

The Judiciary’s push for ADR is not about replacing formal courts but empowering communities with culturally familiar options. For the benefit of the country, key takeaways from the summit included:  

1. Harmonisation with National Laws – Ensuring Sharia and Customary rulings align with constitutional rights, particularly for women and children.
2. Interfaith, Interagency and Cross-Cultural Collaboration – UMSC, alongside Christian, traditional and civil society mediators, will form a unified ADR network under judicial oversight.

• Grassroots Accessibility – Expanding UMSC’s arbitration services to rural-hard-to-reach areas, where court access remains limited.  

Drawing from global lessons, implications, precedents and local benefits  

Both CJ Alfonse Owiny Dollo, Justice Professor Joel Ngugi highlighted that Uganda’s approach mirrors global trends, from Kenya’s Kadhi courts to South Africa’s community justice centres; proving that blending traditional, religious and state systems strengthens the rule of law.

The UN’s SDG 16 (peace, justice, and strong institutions) was cited as a guiding framework.

Justifiably, Uganda Muslim Supreme Council cites Nigeria’s Sharia Courts and Tanzania’s Kadhi system as working models where religious ADR immensely complements state justice.

With the promotion of inclusive justice, Uganda’s move could set an African benchmark for pluralistic legal mechanisms and beyond, demonstrating how religious and traditional justice can complement, not compete, with state systems. Thus, a key justification for expanding Alternative Justice Systems

With case backlogs crippling courts worldwide, the UMSC’s structured approach to Islamic arbitration offers a test case for scalable, culturally rooted justice. Analysts further emphasised that Uganda’s ADR drive aligns with global best practices, citing countries like Saudi Arabia, India and the UK, where Sharia councils and traditional arbitration coexist with state courts. 

Muslim arbitration in Uganda: A ready-made solution?

At the heart of UMSC’s participation was the role of Islamic dispute resolution mechanisms, particularly the Muslim Arbitration Committee (MAC) and the Directorate of Sharia under the Uganda Muslim Supreme Council. These bodies already handle marriage, divorce and inheritance disputes within the Muslim community, offering a swift, culturally sensitive alternative to the overburdened formal Court system.

However, questions might linger over their coexistence with the UMSC’s nationwide administrative structure, which oversees most Muslim civil matters. While the Judiciary seeks to decentralise justice, UMSC’s existing framework could serve as a blueprint for faith-based ADR – if properly harmonised with national laws.

UMSC’s critical role and position of Kadhi Courts:  

“Justice delayed is justice denied,” the CJ stated. Thus, by empowering Kadhi Courts under Article 129(1)(d) of Uganda’s Constitution alongside UMSC’s arbitration structures, we create a hybrid system that respects religious diversity while ensuring enforceability.  

The time is now for the practical application of Kadhi Courts in Uganda, as enshrined in Articles 129(1)(d) and 137(1)(e) of the National Constitution as amended. Despite the Mufti’s absence at the summit, his representative, Immam Shaffi Kagiiko – affirmed UMSC’s readiness to collaborate. He noted that Sharia-compliant arbitration could significantly reduce family disputes clogging the courts – if recognised and streamlined under national policies already enshrined in the national Constitution.

According to the inter-religious sectoral session of the summit’s sidelines, Kadhi Courts (as enshrined) and Traditional Systems are key concomitants to Uganda’s Alternative Dispute Resolution Expansion.  

A Multi-Tiered approach to justice:  

With case backlogs choking Uganda’s formal courts, the summit further emphasised that Alternative Dispute Resolution (ADR) must leverage all community-rooted systems, including but not limited to:

1. The long-overdue Constitutional Khadhi Courts  
2. Uganda Muslim Supreme Council’s MAC and Sharia Directorate

• Traditional Elders’ Councils

1. Christian Mediation Committees
2. Other civil society legal tribunals and dockets

Khadhi Courts: A Missed Opportunity?  

Despite being constitutionally recognised since 1995, Khadhi Courts (Islamic courts handling marriage, divorce, and inheritance for consenting Muslims) remain unimplemented due to political and administrative delays. Summit inter-religious participants submitted that, among others, their activation would:  

1. Strengthen UMSC’s existing Sharia arbitration with formal judicial backing.
2. Reduce backlogs by diverting Muslim family disputes from magistrates’ courts.

• Align Uganda to regional peers like Kenya, where Khadhi Courts function effectively. 

The author (UMSC representative) agreed with participants thus: This being restorative justice, where the Muslim Arbitration Committee (MAC) already handles disputes, Khadhi Courts would give our decisions more ‘legal teeth’ while preserving Islamic jurisprudence.

Synergy Between Systems  

In the perspective of the UMSC, the proposed ADR framework envisions:

1. Khadhi Courts – Formalised under the Judiciary supervision for Muslim personal law.
2. UMSC Sharia Councils – Continue grassroots arbitration, referring complex cases upward.

• Traditional and Interfaith ADR – Handle non-Muslim disputes through customary/Christian systems.

1. National Oversight – Judiciary trains and accredits all arbitrators to meet human rights standards.

UMSC and Propositions for Next Steps  

Following the Summit, with UMSC, the following issues will be resolved:  

1. Fast-track Khadhi Court implementation through judicial regulations.
2. Amend the Judicature Act to clarify the enforcement of faith-based rulings.

• Launch pilot Khadhi-UMSC hybrid courts in Muslim-majority districts like Yumbe, Iganga, Nakaseke, Palisa, Soronko, Kampala, etc.

1. The beauty of this approach is that the critical key elements for the total legal good of Ugandans shall include: UMSC's involvement as a partner rather than an alternative to the Khadhi system; Constitutional basis of Khadhi Courts; Churches and Traditional institutions' role; Judiciary's ADR expansion drive; National unity in justice delivery.  

 

Yet, challenges remain:  

1. Legal Recognition: While Uganda’s constitution allows customary and religious arbitration, Sharia decisions remain unenforceable in civil courts without formalisation.
2. Gender Equity Concerns: Critics argue that some traditional and religious ADR mechanisms tend to disadvantage women, requiring safeguards.

• Coordination with UMSC: The Muslim Arbitration Committee (MAC) and the Directorate of Sharia must work seamlessly with UMSC’s existing structures to avoid parallel systems.  

 
In Conclusion, therefore

By finally activating Khadhi Courts while strengthening UMSC’s structures, Uganda can turn its constitutional promise into practical justice, proving that tradition, faith and law need not compete, but can work together for a fairer future. This option maintains clarity while emphasising the collaborative, multi-stakeholder approach that makes this initiative newsworthy.

Going forward, the summit concluded with a call for:

1. Legislative Reforms – To formally recognise Sharia and other faith-based ADR mechanisms.
2. Capacity Building – Training Muslim arbitrators in national laws and human rights standards.

• Interfaith Collaboration – Leveraging UMSC’s network alongside Christian and traditional systems for nationwide ADR coverage.

1. Public Awareness Campaigns to educate citizens on ADR/AJS options.   

 
As Uganda races to implement ADR, the Muslim community’s existing dispute resolution mechanisms stand as both a model and a challenge, requiring careful integration to ensure justice remains accessible, fair and enforceable for all.

Uganda’s justice transformation hinges on unity in diversity, where UMSC, Churches, traditional leaders and civil society organisations each play a vital, complementary role. By weaving these threads together, the nation moves closer to a promise of justice for all, Justice by all.  

The writer is a lecturer and national secretary for grants and social services at UMSC Headquarters