Muslim lawyers sue LSK over riba and alcohol

Muslim lawyers have maintained their opposition to be compelled to contribute towards the construction of the Law Society of Kenya (LSK) Arbitration Centre.
The lawyers opposed a decision by the council to compel all its members to contribute a minimum of Sh39, 000 towards the construction on the basis that that a significant portion of the funds for the construction of the centre will be derived from loans which attract interest and this goes against their faith.
Further, the lawyers who have filed a court case against the order. say that the centre will house a bar and that it is sinful for them to contribute towards a facility which will store, sell, or serve alcohol.
The LSK passed a resolution requiring its members to contribute between Sh39, 000 to Sh50, 000 towards construction cost. The remaining cost is to be financed through an interest bearing loan from KCB and HFC banks.
In the court papers, the lawyers presented affidavits which expressly forbid Muslims to engage in interest based transactions and trading in alcohol.
The sworn affidavits were made by Sheikh Muhammad Swalihu, the Jamia mosque Imam, Sheikh Issa Suleiman the deputy Imam Adams mosque, Sheikh Abdullatif Sheikh of the Council of Imams and Ulamah, Prof. Wilson Hassan Nandwa of Umma University and Muhammad Abdallah, the da’wah Officer Jamia Mosque in support of their petition.
Their lawyers cited among other verses of the Noble Quran which prohibit Muslims to engage in interest based transactions. “O you who have believed, fear Allah and give up what remains [due to you] of interest, if you should be believers. And if you do not, then be informed of a war [against you] from Allah and His Messenger. But if you repent, you may have your principal – [thus] you do no wrong, nor are you wronged” (Baqara (2):278 – 279).
The lawyers argued that that the resolution that they contribute funds that will be employed in servicing, securing and guaranteeing an interest earning loan facility is against their faith and violates their constitutional right not to be compelled to act or engage in any act that is contrary to their belief or religion as outlines under Article 32 (4) of the Constitution.
Through lawyer Victor Obondi the lawyers submitted before Justice Isaac Lenaola that compelling them to participate in interest and alcohol is akin to compelling them to violate Islamic teachings. On its part, the Law Society of Kenya through lawyer Ahmednassir Abdullahi opposed the petition arguing that Muslims form only 0.05% of the LSK fraternity.
Judgment will be delivered on March 13.

—Friday Bulletin