In Nothern Kenya, MASLAHA in rape cases is slowly fading away, a sign of justice
Rape was not popular in the last few decades in the Somali community, the phenomenon came up few years ago. In 2018, a 15-year-old girl was gang raped and flown to Nairobi to seek treatment by Fatuma Gedi, who championed the whole process. The women representative at that time condemned the act and Maslaha system too which she farther added, Maslaha orchestrates rape instead of bashing the injustices against minor children.
According to pathfinder Maslaha (public interest) is a concept in traditional Islamic law. Maslaha is not Shari’a, but it is a concept that belongs to Islamic jurisprudence (also known as fiqh).
Maslaha was used in one sense by the Andalusian lawyer al-Shatibi (d. 1388), who focused on the motivations behind the Islamic law. Regarding questions related to God, ‘ibadat, humans should look to the Qur’an or the Sunnah for answers, but regarding the relationship between humans, mu’amalat, humans should look for the best public solution. Since societies change, al-Shatibi thought that the mu’amalat part of the Islamic law also needed to change.
Maslaha system is a practice by the Somali community in settling their feuds and differences through elders where goats and money are exchanged and given to the affected party in settlement of the rivalry. This is majorly to eliminate bad blood and maintain the strong communism among the Somali community.
Everyday, girls are in fear to be sexually assaulted by their own close ones, especially immediate teachers, taxi drivers, male friends, their cousins and even uncles. The community practices Islam which condemns the act in all ways.
Few days ago, a Court in Wajir County sentenced a school principal who raped his student to 10-year jail term and this is a step of freedom from adage culture of Maslaha.
Maslaha has stood firm for many years and solved many feuds including land grabbing settlements, marital problems. The Maslaha system is slowly being wiped out because the Somali community living in North Eastern Kenya have recognized the justice that is found in the constitution when it comes to sensitive subjects like rape, murder, Domestic violence, FGM and many more other atrocities.
Somalis should continue with the new progress where there is zero tolerance policy for Maslaha system when it comes to rape, the community should uphold their integrity and let the law take its course. Maslaha should concentrate on minor cases which are not as sensitive as murder and rape. Justice should prevail in such instances.
( By Maryan Hajir, Asal Media correspondent)
