William andrew kopwe the open university of tanzania

LIST OF ABBREVIATIONS

ACT Anglican Church of Tanzania

ATR African Traditional Religions

BAKWATA Baraza Kuu la Waislam Tanzania

CCM Chama cha Mapindizi

CCT Christian Council of Tanzania

CHADEMA Chama cha Demokrasia na Maendeleo

CUF Civic United Front

DUMT Dar es salaam University Muslim Trusteeship

EAMWS East Africa Muslim Welfare Society

EI Encyclopaedia of Islam (CD-ROM)

ELCT Evangelical Lutheran Church in Tanzania

KKKT Kanisa la Kiinjili la Kilutheri Tanzania

LWF Lutheran World Federation

MSAUD Muslim Student Association of University of Dar es Salaam

n.d No Date

PBUH Peace be upon Him

PROCMURA Programme for Christian-Muslim Relations in Africa

REDET Research and Education for Democracy in Tanzania

RPC Regional Police Commander

TAMTA Tanzania African Muslim Training Academy

TEC Tanzania Episcopal Council

TEC Tanzania Episcopal Council

UDSM University of Dar es Salaam

UWT Umoja wa Wanawake Tanzania

VAT Value Added Tax

WCC World Council of Churches

WI World of Islam (CD-ROM)

CHAPTER ONE

1.0 INTRODUCTION

1.1 Problem and its Background

This study is about Sharī’a (Islamic law) implementation in Tanzania. Tanzania is a United Republic of two autonomous countries, Tanganyika and Zanzibar. Tanganyika and Zanzibar were united to form Tanzania in 26.04.1964. Tanganyika is what is now known as Tanzania Mainland and Zanzibar is currently known as Tanzania Islands. Religious contexts in the two united countries differ a lot. In the Tanzania Mainland numbers of Muslims and Christians are relatively equal while in the Tanzania Island Muslim comprise the majority of the populace. Because of this backgrounds Sharī’a implementation and Islamic influences in general is more in the Islands than in the Mainland. This study is concerned with the position of Islamic law in the Tanzania mainland context only.
This study has been compelled by Muslims’ demand for Sharī’a implementation in the Tanzania mainland and the discourses surrounding the demand. Demand for Sharī’a implementation in the Country is one of the many Muslims grievances concerning their status quo in the religious-socio-political arena.
Sharī’a discourses have generated a lot of heated debates in the Country. The perceptions of Sharī’a among both Muslims and non-Muslims have been a major cause for that. Militant radicalism and violent Muslims in the world have disfigured the image of Sharī’a to many, particularly, non-Muslims and some Muslims in Tanzania. This makes them to develop what has currently come to be called Islamphobia (a fear of Islam and Muslims). This state of affairs results in people looking at Sharī’a with a suspicious eye.

It is an undeniable truth that there is extremism and radicalism in Islam, but presenting Islam as a radical religion and Sharī’a as a brutal set of laws is a fallacy of generalization. In most cases, such generalizations are a result of ignorance and prejudice. This fallacy makes people fail to appreciate the contribution of Islam which is observed by the vast majority of Muslims in the world who adhere to the fundamental teachings of Islam, which are love and peace.

Sharī’a implementation in the world varies according to context such as period, country, and subject matter (Shivji, 2004). Mkumbo (2008) comments that, our cultural and historical context plays part in the construction of reality in which we live. Tanzania, as in most African countries, has triple Religious-cultural heritage namely, African religion, Islam and Christianity. The blend of the three religions is what S.S. Mushi refers to as syncretocratic character of Tanzanians. That is, Tanzanians are people with a “combination of teaching, beliefs or practices of differing systems or religion or philosophy.”¹ The mixture of above systems results in Afro-Islamic and Afro-Christian cultures. Meanwhile, the African-Tanzanian (ethnics) worldviews are the common denominator for both of them. This makes Tanzanian-Christians and Tanzanian-Muslims to have a distinctive outlook compared to other people in the world. This scenario necessitates the study of Sharī’a implementation in Tanzania Mainland context.
Above stated Muslims’ demand for Sharī’a implementation in the Country as a critical fundamental part of their religion and the debates generated by Sharī’a discourses in the Country pose controversy in the state-religion relations. This situation causes tensions among Christians and Muslims in the country and the Government is sandwiched between the two communities. This state of affairs endangers the long existing amicable Muslim-Christian coexistence in the Country and endangers state-religion-relations because the politics of the country are also influenced by this issue.

1.2 Research Questions

To accomplish this study the research had the following as its basic questions:

1. 
   What is Sharī’a discourse all about in Tanzania mainland?
   
2. 
   How do Muslims in the Country practice Islam and Sharī’a in particular?
   
3. 
   What are the challenges and prospects of Sharī’a implementation in the Country?
   
4. 
   Though Sharī’a is one according to Islam it has been differently implemented in the world in respect to context, then how should it be implemented in Tanzania mainland context?
   
5. 
   Is Sharī’a as enjoined in the Islam grand sources of authorities possible to be totally implemented in Tanzania mainland context?
   
6. 
   How have the demand for Sharī’a implementation in the Country and the surrounding discourses affect Christian-Muslim and state-religion relations?
   

1.3 Objectives of the Study

1.3.1 Main Objectives

The primary aim of this study is to analyze Sharī’a implementation in the Tanzania mainland context. From this aim the study has the followings as its specific objectives: