Country | |
Publisher | |
ISBN | 9789943643378 |
Format | HardBound |
Language | English |
Year of Publication | 2023 |
Bib. Info | 352p. |
Categories | Law |
Product Weight | 500 gms. |
Shipping Charges(USD) |
Religion and the law adjudicated by courts have a great bond that even before the coming of philosophical doctrines of democracy people adhered to the law of religion which also developed as their customs. In Uganda, there several religious faiths which include Christianity, Islam and African Tradition Religion as the common known religions. But several religions have emerged by the introduction of the freedom of worship. In reference to the late Kenyan theologian John S. Mbiti, he observed extensively in that Africans are notoriously religious, in his book African Religions and Philosophy (1969) which he wrote while still a lecturer at Makerere University, he was against the western civilization tenets that African Tradition religion was demoniac in nature and barbaric. he further noted that traditional African religions deserve the same respect as other religions across the world. He referred to the Bible, God is the creator of all things, therefore meaning that God has revealed himself to all things. The civil courts have without hesitation exercised their jurisdiction to protect the temporalities of religious bodies and religion in general. Under Article 7it provides for non-adoption of a state religion. This in my view is the rationale enshrined in Uganda’s Preamble that provides that “we the people of Uganda: recalling our history which has been characterised by political and constitutional instability; recognising our struggles against the forces of tyranny, oppression and exploitation; committed to building a better future by establishing a socio-economic and political order through a popular and durable national Constitution based on the principles of unity, peace, equality, democracy, freedom, social justice and progress....”This was a lesson of the scars brought about by religion in different political waves following the Wafaransa-Wangereza wars during the colonial days. The impact of the Uganda martyrs who had a strong ardor towards the religion is still being felt today and a day of 3rd June celebrated across the country and the entire world at large. We see the different customs of the African Tradition Religion evolving from religion on what was right and wrong. It carried a wide understanding of morality to fully capture religion. You will agree with me that morality developed from religion and this explains why something being morally wrong may not be a criminal offence. This is in line with the principle of legality (nullum crimen, nulla poena sine lege). The same can be seen in our Constitution 1995 as amended Under Article 28 (7). It is virtually axiomatic today that judges should not advert to religious values when deciding cases. The book covers arguments of different judicial officers, Profound Counsel, theorists, Law Dons and the authors’ critical analysis towards the idea of Courts doing religion which I believe will shape your understanding of religion in court rooms. The book tends to capture most of the cases as a whole in order to bring to you a clear picture of the gist of religion in Court. The maxim of law is clear to this effect that “Nemo aliquam partem recte intelligere potest antequam totum perlegit", which literally means that no one can properly understand a part until he has read the whole.