Secularity, also known as secularism, refers to the principle of separating religion and state.

Secular state is a state which it does not have any state religion. These are basic principles of

secular state, Firstly, the government must be separated from influence by religion and religious

institutions. Secondly, everyone has the right to freedom of religion. Lastly, all religions are to

be treated equal under the law. The word ‘secular’ was added to the Tanzania interim

constitution in the year 1967 were the Late Mwalimu Nyerere introduced the Socialist, Secular

and Self reliance policy. Mwalimu emphasized most of Tanzania to be a secular state in order to

avoid religious discrimination and his aim was to unit his Tanzania citizen, he believed more on

development comes through uniting people.

Secularity in Legal Framework of Tanzania, the concept of secularity is enshrined in the

Constitution of United Republic of Tanzania 1977. First in the preamble of the Constitution, then

in Article 3(1)1 of the Tanzanian Constitution states that Tanzania is a secular state, which means

that the government is neutral in matters of religion. This provision ensures that the government

does not favour or discriminate against any particular religion or religious group. Furthermore,

Article 19(1)2 of the Constitution guarantees freedom of conscience, religion, thought, belief, and

opinion to all Tanzanian citizens.

In other Principal legislations, the Penal Code acknowledge the rights of people to worship

peacefully. Section 1253 elaborate that is an offence to insult someone’s else religion, section

1264 prohibit anyone from disturbing other people will conducting their religious assembly, that

he will be liable for imprisonment not exceeding two years or not less than three Million fine

1
The Constitution of United Republic of Tanzania 1977 as amended time to time.
2
The Constitution of United Republic of Tanzania 1977 as amended time to time.
3
The Penal Code [CAP 16 R.E 2022].
4
The Penal Code [CAP 16 R.E 2022].
(Tsh), section 1295 prohibit anyone from uttering harmful words to another’s religion contrary to

that he will he liable for one year imprisonment. Also under section 9(2)6 the law prohibits

religious groups from registering as political parties. To register as a political party, an entity

may not use religion as a basis to approve Membership, nor may the promotion of religion be a

policy of that entity.

FACTORS UNDERLYING RELIGIOUS TENSION IN TANZANIA

In the past two decades, there are numerous illustration demonstrating how religion has become

part and parcel of Tanzania society. These are National Anthem, the opening prayer of

Legislative Assembly sessions, taking of oaths (Bible & Quran) of allegiance and faithfulness to

the constitution in discharging their duties, by holders of majority public positions, the national

radio, Tanzania Broadcasting Corporation (TBC) begin and close with prayers of both Christian

and Islam religions, the religious education being part of school curriculum, examinable and

recognized by the National Examination Council (NEC) and the recognition of some important

Muslim and Christian observances as public holidays. The entrenchment and expression of

religiosity in Tanzania has been depicted by prominent political scientists in the country, thus

Prof. Rwekaza Mukandala, asserts that religions in Tanzania are “...pervasive, useful and

seemingly powerful”7.

Economic liberalisation. The shift from socialist society to the Economic liberalisation began in

the Mid-1980s, which brought with them only economic restructuring but also implications on

class, religious and ethnic relations, Tanzania’s social-political stability has been challenged by

5
The Penal Code [CAP 16 R.E 2022].
6
The Political Parties Act. No 5 of 1992.
7
Mukandala Rwekeza (2006), Justice, Right and Worship- religion and politics in Tanzania, University of Dar es
Salaam.
publicly displayed Religious expression that fill the re-opened public realm. Increased tensions

along intra-religious, inter-religious and state religious lines are today manifested and negotiated

through a multitude of religious fractions, especially along Muslim and Christian lines.

Accordingly, there is a growing tendency that Religious organisations publicly challenge

government-polices and the government’s relationships to section of the society.

The Mwembechai crisis 1998. On Friday 13 February, 1998 at the instigation of a Catholic

priest of Mburahati parish in Dar es Salaam, the Tanzania government ordered its para-military

police force to open fire on unarmed Muslims at Mwembechai area, killing at least four of them.

It was soon discovered that the seditious claims made by the Catholic priest and repeatedly

broadcast on a Catholic radio that Muslims were ridiculing Jesus were a sheer fabrication.

Muslims’ demands for an independent probe team to investigate the killings were immediately

rejected by the Minister for Home Affairs. The government also banned a meeting organised by

Muslim women to speak out about the sexual humiliations and indignities they suffered at the

hands of male police officers while in remand prison. The police force claimed that the use of

live ammunition was self-defence, which is allowed according to police force regulations. A total

of 131 people were arraigned in court on 16th February 1998. The Mwembechai crisis

demonstrate the misuse of state power to intimidate and silence Muslims from a free propagation

of their religion, in violation of their Constitutional rights8.

Establishment of Kadhi Courts. The independence in December 1961 the then Tanganyika

(today mainland Tanzania) government inherited the whole corpus of colonial legislations and

institutions of adjudication, including those that applied to Islamic law. In 1962 reforms were

introduced aimed at unifying the systems of courts along a single tier system. These culminated

8
Njozi, H (2000). Mwembechai killings and the Political future of Tanzania.
with the Magistrate’s Court Act (MCA) Ordinance which led to the setting of an integrated

judicial system and the demise of the Kadhi courts which had been operational since the German

colonial era. However the secession of the Kadhi court did not do away with the role of the

Kadhi altogether because the Law of Marriage Act continued to recognise his position in

officiating Islamic marriages and defined a Kadhi as, “a Muslim priest or preacher, or a leader of

the Muslim community who has been licensed to perform marriages in Islamic forms”. It also

recognised a Kadhi as a minister for religion.

The issue of establishing the Kadhi court resurfaced in 2005 when the ruling party, CCM, issued

its election manifesto in which it promised that if elected its government would strive to work on

finding a solution to the issue. Since then incessant debates have been witnessed in the National

Assembly (Bunge), the media and interested stakeholders on this sensitive question. Proponents

in favour of the Kadhi Court hold that issues of Islamic law are enshrined in the Holy Book and

therefore a court system needs to be put in place, by the Constitution, to interpret these laws

according to the scriptures of the Book. Divergent views on the other hand argue that the

establishment of such courts modelled on religious lines is not only unconstitutional but could

also divide the people in an affirmed secular state9.

The President assembling Religious leaders in urgent matters. On September 28 2021,

President Samia Suluhu Hassan called on religious leaders to help create public awareness on the

importance of COVID-19 vaccinations as the government intensified measures against

pandemic. The President issued the call during an event marking the 50th anniversary of the

Anglican Church in Dodoma Region, stating that Religious leaders had a crucial role to play in

sensitizing their communities to the effectiveness of vaccines. Some religious leaders expressed

9
Majamba, H. (2007). Possibility and rationale of establishing Kadhi courts in Tanzania mainland. (Pp 19-23)
their readiness and commitment to honour the president’s request. Bishop of the Evangelical

Lutheran Church in Tanzania and Chairman of the Christian Council of Tanzania Fredrick Shoo

stated he would continue to educate his followers through preaching. According to observers,

religious leaders of various faiths were at the forefront of the awareness campaign to encourage

their followers to be vaccinated as a way of reducing the number of COVID-19-related deaths.

On March 02 2022, Religious leaders in Tanzania urged the government to end the case against

opposition leader Freeman Mbowe and his co-accused. They made the plea during a meeting

with President Samia Suluhu Hassan at the State House Dar es Salaam 10. Mbowe, the Chadema

chairman, and his co-accused face six counts, including conspiracy to commit acts of terrorism,

whereas Mbowe alone faces a separate charge of financing acts of terrorism11. The High Court’s

Corruption and Economic Crimes Division, on February 14, said that Mbowe and the three co-

accused have a case to answer. During end of the year prayers in 2021, religious leaders asked

President Samia to promote reconciliation so that the country heals. They urged the government

to drop baseless cases, especially those involving political and religious leaders. Prior to the

religious leaders’ request, various political leaders also urged the President to drop Mbowe’s

case and set him free.

In Conclusion. Overall, the concept of secularity is an important principle in Tanzania's legal

and constitutional framework. It ensures that the government is neutral in matters of religion and

that all Tanzanian citizens have the freedom to practice their religion or belief without

interference from the state. Although the Government is using Religious institution as

Government agents in ensuring public peace, ethics standards and organized society.

10
"The religious leaders used the meeting with President Hassan to ask authority responsible for that matter to
end the case,” reads the statement from the Director of Presidential Communications, Zuhura Yunus.
11
In the Economic Sabotage Case Number 16 of 2021
 REFERENCES

Majamba, H. (2007). Possibility and rationale of establishing kadhi courts in Tanzania

Mainland. Paper presented at the Research and Education for Democracy in Tanzania
(REDET) Workshop University of dares Salaam 10th November.

Mukandala R, Yahya-Othman S, Mushi S and Ndumbaro L (eds.) (2006). Justice, rights

And worship- religion and politics in Tanzania, REDET Department of Political Science
and public Administration, University of Dar es Salaam.

Njozi, H. (2000). Mwembechai killings and the political future of Tanzania. Ottawa:
Globalink. Olukoshi A. O. And Laakso L. (eds.) Challenges to the nation-state in Africa.
Uppsala: Nordiska Afrikainstitutet. Omari, A. (2000). Tanzania: Religious crisis or
Islamic fundamentalism? Journal of Peace, Conflict and Military Studies, 1(2).