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Subject:
From:
Haruna Darbo <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Fri, 28 Aug 2009 23:54:34 -0400
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Dicko had reservations that Religious marriages ought to be recognized by the CODE (law). And the CODE wanted to maintain the separation of state and religion. But Dicko contends that for a state (Mali) which organises and facilitates travel for Hajj, one of the pillars of Islam, to now wish to separate itself from religion is disingenuous.



From this perspective, I understand and agree with Dicko. So I will suggest a solution of that area of the CODE. And this may come at an opportune time as ATT has sent the CODE back to the National Assembly for review. It does not mean ATT does not support or that he has abandoned ascension to the CODE, it just means ATT wishes to yield better explanation and comprehension of the CODE and perhaps yield more affinities in peace and calm. I like ATT for that.



So I say:

1. Mali ceases all efforts to either encourage, facilitate, or discourage Hajj. No more programs for the Hajj. Mali cannot claim secularity when she is so involved in a pillar of one religion. In other words, actively support all religions or actively cease all support or impedance to all religions.



2. Then, Mali should not recognize any marriage that is not duly recorded with the state. Secular or religious marriages. Remove the language that says Mali will not recognize religious marriages if such a language exists. In other words, religious marriages, if they desire to be recognized by the constitution and laws of Mali, must be recorded with the state regardless of whether those marriages are conducted in religious houses or not. I think the clergy can set up a mechanism to ensure that any and all their religious marriages are recorded with the state WITHOUT encumbering such state recording agent to be present at the marriage in the mosque, church, Hall, or temple. I can envisage every religious house appointing a state-recording clerk and such recording shall be free of charge. The reason why it is important/crucial to have marriages, births, and deaths recorded with the state is that Mali will rely on such demographic information for development projects and public service deliveries.



3. Another of Dicko's contentions that I am sympathetic to, is the idea that anyone, citizen or National, can adopt a Malian child, give him or her any name, and or domicile the child abroad if desired. I agree with Dicko that that is counter-productive for Mali. I suggest that anyone can adopt an orphan of Mali, but that the orphan keeps his or her name, and the state adoption agency take an active role in placing orphans with adoptees so that the rights of the child are preserved. I encourage state adoption agencies to handle adoption requests and placements with other National authorities of other nations ONLY and not deal with any private adoption entities.



4. As far as the minimum age for marriage for young girls, I side with the CODE that it ought to be 18 and not 15. If this remains a bone of contention, I propose a happy medium of 17 years old and open to review later. To harmonize it with the constitution, I think this age should be as close to the age of majority in Mali as possible. Like voting age, driving age, etc.



As I find areas where a compromise can be proposed without unduly maligning the intent and spirit of the CODE, I shall share that here. I do encourage however that DIcko be more considerate and appreciative of the CODE for I believe it will enhance Islam rather than hurt it. It will also enhance the other religions. More importantly, it will curb unnecessary orphanage in Mali and can be a model for other subregional nations.



Haruna. More later. Galleh, Churro, Kukeh, Suntou, Dukuray, Mino, Laye, Mams, Evian, Karim, Fanding,?and JDAM, what do you all think. Or is this too Mali again for you guys????? We haven't heard from some of you guys for a long time. I hope everything's alright. And please don't tell me?the Ramadan got yew. Like I don't keep fast.

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