William andrew kopwe the open university of tanzania

ABSTRACT

This research is about sharī’a (Islamic law) implementation in the context of Tanzania mainland. It has been compelled by Muslims’ demand for expansion of sharī’a application in the public sphere and its philosophy of practice which is opposed by non-Muslims and some Muslims. This endangers Christian-Muslim and state-religion relations. The research analyzes Sharī’a debate in the Country, its practice in Tanzania mainland context, challenges, prospects, and the influence of its debate in inter-religious, intra-religious and state-religion relations. It employed Qualitative research philosophy in which in-depth expert and non-expert interviews, participant observation and documentary review methods were used to gather information. The research reveals that, though in a circumscribed form, Muslims implement sharī’a according to Tanzania’s context. Because of social-cultural contextual issues, it is pragmatically impossible to totally implement sharī’a as enjoined in the Islam grand sources of authority and as practiced in the traditional Muslim states. The demand for expansion of sharī’a application in the public sphere is mostly elites’ movement and a result of external influence, fueled by religious resurgence through globalization and its ramifications. The ordinary Muslims are satisfied with the current sharī’a status in the country. Also, it was found that the demand is just part of numerous Muslim grievances in the country. The research suggests that: Tanzanians should learn to tolerate religious differences and be careful in interpreting international religious-political events to the local context. Furthermore, State secularity should be perpetuated and religions should not be a driving force in political decisions. Lastly, The Government should find proper mechanism to address State-religion relations and citizens’ grievances.

TABLE OF CONTENTS

CERTIFICATION 3

CERTIFICATION 4

COPYRIGHT 6

DECLARATION 7

DEDICATION 8

ACKNOWLEDGEMENTS 9

ABSTRACT 12

LIST OF ABBREVIATIONS 14

CHAPTER ONE 16

1.0 INTRODUCTION 16

1.1 Problem and its Background 16

1.2 Research Questions 18

1.3 Objectives of the Study 19

1.3.1 Main Objectives 19

1.3.2 Specific Objectives 19

1.4 The Significance of the Study 19

1.5 Theoretical Framework 20

1.5.1 Great and Little Tradition Model 20

1.5.2 Religious Economy Model 25

1.5.3 The Model of Religious Globalization 28

CHAPTER TWO 33

2.0 LITERATURE REVIEW 33

2.1 Introduction 33

2.2 Sharī’a 33

2.2.1 Meaning of Sharī’a 33

2.2.2 Origin and Development of Sharī’a 36

2.2.3 Sources of Sharī’a 38

2.2.4 The Islamic FiÎh (Jurisprudence) 43

2.2.5 The Division of Human Actions According to FiÎh 44

2.2.6 Sunni Schools of Law (Madhahib) 45

2.2.6.1 Hanafi School of Law 46

2.2.6.2 Hanbal School of Law 47

2.2.6.3 Maliki School of Law 48

2.2.6.4 Shafii School of Law 48

2.3 Practical Uses of Sharī’a 49

2.3.1 Position of Sharī’a in Islam 49

2.3.2 Diversity of Sharī’a Implementation 51

2.3.3 Sharī’a and Islamic Resurgence 52

2.3.4 Sharī’a and Liberation 53

2.3.5 Sharī’a and Identity 55

2.3.6 Sharī’a and Politics 56

2.3.7 Summary 57

CHAPTER THREE 58

3.0 RESEARCH METHODOLOGY 58

3.1 Introduction 58

3.2 Research Design 58

3.3 Research Approach 59

3.4 Area of Study 61

3.5 Sample Selection 63

3.6 Data Collection Techniques 64

3.6.1 Historical Research Method 65

3.6.2 Empirical Research Method 72

3.6.3 Data Analysis 74

3.6.4 Notes 75

3.6.5 Summary 76

CHAPTER FOUR 77

4.0 RESEARCH FINDINGS PRESENTATION 77

4.1 Introduction 77

4.2 Sharī’a Debate in the Country 77

4.2.1 Sharī’a Status in Tanzania Mainland 78

4.2.2 |§∙ī Courts 80

4.2.3 Conceptualization of |§∙ī and |§∙ī Courts 85

4.2.4 The Demand for |§∙ī Courts 88

4.2.5 Islamic Banking 106

4.2.6 Muslim Grievances 112

4.3 Challenges of Sharī’a in Tanzania 126

4.3.1 Understanding of Sharī’a among People 127

4.3.2 Ignorance about Sharī’a and Islam in General 129

4.3.3 Hermeneutical Difference 133

4.3.4 Deficiency of Sharī’a Experts in the Country 139

4.3.5 Non-Muslim Naivety of Sharī’a 142

4.3.6 Factionalism within Muslim Community 144

4.3.7 Modernity and Modernization 147

4.3.8 Economic Challenges 149

4.3.9 Christian-Muslim Intermarriage 153

4.3.10 Secularity and Human Rights 157

4.3.11 Legal Compatibility 159

4.3.12 Some Social Regulations 163

4.4 Prospect of Sharī’a in the Country 165

4.4.1 Constitutional Guarantee 165

4.4.2 Christian Elements in the Constitution 167

4.4.3 Secularism of Tanzania 169

4.4.4 State-Religion-Society Relations 174

4.4.5 States Interventions on Religious Space 181

4.4.6 Conflicting Ideologies 183

4.4.7 Religious and Political Toleration 185

4.4.8 Prudence 186

4.4.9 Supports from Non-Muslims 188

4.5 Influence of Sharī’a Discourses in Christian-Muslims Relations 190

4.5.1 Christian-Muslim Relations in History 191

4.5.2 Mistrust and Accusations 203

4.5.3 The Political Influence of Sharī’a Discourse 214

4.5.4 Christian-Muslim Contend for Political Powers 219

4.6 Summary 224

CHAPTER FIVE 225

5.0 ANALYSIS AND DISCUSSION OF FINDINGS 225

5.1 Introduction 225

5.2 Characteristics of Islam in the Country 226

5.3 Contextualization of Sharī’a 229

5.4 Sharī’a and the Wellbeing of the Country 241

5.5 Freedom of Choice and Sharī’a 244

5.6 Globalization and Sharī’a 247

5.7 Summary 256

CHAPTER SIX 258

6.0 SUMMARY, CONCLUSION AND CORECOMMENDATIONS 258

6.1 Introduction 258

6.2 Summary 258

6.3 Conclusion 270

6.3.1 Reality of Sharī’a in Tanzania 270

6.3.2 Total Sharī’a Implementation 271

6.3.3 Sharī’a and Muslim Grievances 271

6.3.4 Influence of Sharī’a Discourses 272

6.3.5 Sharī’a Demand: An Elite Movement 273

6.4.1 Coping with Differences 274

6.4.2 Use of Objective Language 275

6.4.3 Mechanism for Dealing with State-religion Relations 275

6.4.4 Political Manipulation of Religion 276

6.4.5 Perpetuation of State Secularity 277

6.4.6 Interpretation of International Religious-Political Events 278

6.4.7 Creation of Contextual Secularity in Tanzania 279

6.4.8 Further Research 280

REFERENCES 280

LIST OF INFORMANTS 303

GLOSSARY OF TERMS 306

Arabic-English Transliteration Table (Surty 1993:20) 310