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All Journal Al-Ahwal: Jurnal Hukum Keluarga Islam Jurnal HAM AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW
Mujuzi, Jamil Ddamulira
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Remisi hukuman dan konstitusionalitas hukuman penjara seumur hidup di Seychelles Mujuzi, Jamil Ddamulira
Jurnal HAM Vol 15, No 1 (2024): April Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.63-84

Abstract

This article critically examines the legal framework surrounding life imprisonment in Seychelles, particularly in light of recent legislative and judicial developments. Historically, Seychelles' legal landscape allowed for the remittance of sentences for all prisoners except those serving life terms or convicted of severe drug offenses. Prior to 2021, ambiguity existed regarding whether life imprisonment necessitated incarceration for the entirety of an offender's life, leading to varied interpretations and inconsistent practices wherein some individuals were released after 15 to 20 years of imprisonment. This uncertainty was addressed by an important decision of the Seychelles Court of Appeal, which asserted that life imprisonment should indeed mean incarceration for the remainder of the convict's natural life. Subsequently, legislative amendments in 2021 codified this understanding within the Criminal Procedure Code, expressly defining life imprisonment as confinement for the duration of the offender's life. However, the article argues that such a statutory definition and practice may contravene fundamental human rights principles, particularly concerning human dignity and protection from inhuman or degrading treatment. Drawing on comparative jurisprudence from various African jurisdictions, decisions of the European Court of Human Rights, and standards articulated by international human rights bodies, the author contends that indefinite life imprisonment without the prospect of release violates prisoners' rights enshrined in international law. Furthermore, the author invokes the drafting history of Article 10(3) of the International Covenant on Civil and Political Rights (ICCPR), emphasizing that the intent behind the provision was to safeguard against overly punitive sentences that deny any possibility of rehabilitation or eventual release. This historical context, according to the article, supports the argument that Seychelles' current approach to life imprisonment undermines its obligations under international human rights norms. Moreover, the Constitution of Seychelles grants the President discretionary powers under Article 60 to commute sentences, theoretically enabling the release of individuals sentenced to life imprisonment. This aspect introduces a layer of executive discretion that intersects with constitutional principles and international human rights standards, warranting further examination and critique. In conclusion, the article posits that Seychelles' statutory definition of life imprisonment raises constitutional and human rights concerns, advocating for a reevaluation of current practices in light of international legal standards and principles of justice.
The Appointment of Acting (Contract) Judges and Judicial Independence in Uganda: Understanding Article 142 of the Constitution in Light of its Drafting History Mujuzi, Jamil Ddamulira
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 1 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v51.26380

Abstract

Article 142(1) of the Constitution of Uganda (1995) provides that “The Chief Justice, the Deputy Chief Justice, the Principal Judge, a Justice of the Supreme Court, a Justice of Appeal and a Judge of the High Court shall be appointed by the President acting on the advice of the Judicial Service Commission and with the approval of Parliament.” Article 142(2) provides for the circumstances in which the President may appoint someone “to act” as “a Justice or Judge even though that person has attained the age prescribed for retirement in respect of that office.” Article 147(1)(a) empowers the Judicial Service Commission to advise the President to appoint both permanent and acting judicial officers. In Kabumba and Another v Attorney General (2022), the Constitutional Court held, by majority, that the President does not have the power to appoint acting judges under Article 142(2) unless the appointees are serving or retired judicial officers. In this article, the methodology used by the author is to rely on the drafting history of Article 142 of the Constitution to argue that the President has the power to appoint acting judges or justices and that the appointee does not have to be a serving or retired judge. The author also relies on practice from other Commonwealth countries on the appointment of acting judges to demonstrate that this phenomenon is not unique to Uganda. Practice from other African countries such as Seychelles, Eswatini, Botswana, Sierra Leone, Ghana, Mauritius, South Africa, Tanzania and Namibia shows that acting judges are appointed from either former judges, academics or private legal practitioners. The same approach is followed in many countries outside of Africa such as India, Jamaica, Malta, Marshall Islands, Nauru, Papua New Guinea, Samoa and Tonga. The study is significant because it is the first of its kind to discuss Article 142(2) of the Constitution in detail.
THE CONUNDRUM OF INTESTATE SUCCESSION FOR MUSLIMS IN UGANDA: Qadhis Court, Women’s Rights, and Islamic Inheritance Law Issues Mujuzi, Jamil Ddamulira
Al-Ahwal: Jurnal Hukum Keluarga Islam Vol. 16 No. 1 (2023)
Publisher : Universitas Islam Negeri (UIN) Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ahwal.2023.16103

Abstract

During the 2018–2022 process to amend the Succession Act, Muslims in Uganda requested a separate law to regulate their inheritance. However, this was rejected by the Parliamentary Committee. As a result, Muslims are governed by the Succession Act for intestate succession. This article aims to examine the legal uncertainty regarding the status of Qadhis' courts in Uganda and its impact on the unclear enforcement of Muslim inheritance law, particularly intestate succession, through these courts. Relying on the case law study, it is safe to argue that Qadhis’ courts do not exist legally. Although the Constitution provides for the right to equality, allowing Muslims to follow Sharia in the distribution of an estate can be justified under the Constitution's guarantee of equality, as long as the rights of individual Muslims are balanced against the interests of the Muslim community. Overall, navigating the legal landscape of inheritance for Muslims in Uganda is a complex issue with various legal and practical considerations.[Selama proses amandemen Undang-Undang Kewarisan pada 2018–2022, umat Islam di Uganda meminta undang-undang terpisah untuk mengatur kewarisan mereka. Namun, hal itu ditolak oleh Komite Parlemen. Akibatnya, umat Islam diatur oleh Undang-Undang Kewarisan yang lama. Artikel ini bertujuan untuk mengkaji ketidakpastian hukum mengenai status pengadilan Qadhis di Uganda dan dampaknya terhadap penegakan hukum kewarisan Muslim, khususnya kewarisan tanpa wasiat. Berdasarkan studi kasus, dapat dikatakan bahwa pengadilan Qadhis tidak ada secara legal. Meskipun Konstitusi memberikan hak atas kesetaraan, mengizinkan umat Islam untuk mengikuti Syariah dalam pembagian harta waris dapat dibenarkan di bawah jaminan konstitusi atas kesetaraan, selama hak-hak individu Muslim seimbang dengan kepentingan komunitas Muslim. Secara keseluruhan, menavigasi lanskap hukum kewarisan bagi umat Islam di Uganda merupakan masalah yang kompleks dengan berbagai pertimbangan hukum dan praktis.]
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