The Jamiatul Ulama (Johannesburg) condemns the (proposed) Muslim Marriages Act and all those in favour of it
Allah Ta`ala declares:
Whoever does not judge by what Allah has revealed, then they surely are Kaafiroon. [Surah 5, Aayat 44]
And you should judge between them by that which Allah has revealed to you and do not follow their whims. [Surah 5, Aayat 49]
On the 31st August 2018, a judge with a Muslim-sounding name ruled that Muslim Marriages be recognised in South African law and ordered that the State be obliged to introduce legislation to recognise Muslim marriages as valid, and to regulate the consequences of these unions.
The confused judge further ruled that, should legislation not be enacted within the next two years, it is declared that a union, validly concluded as a marriage in terms of Sharia law and which subsists at the time that the order becomes operative, may be dissolved in accordance with the Divorce Act and that all provisions of that Act be applicable.
Divorce Act of South Africa
Amongst the totally un-Islamic clauses stated in the Divorce Act is that the court can decide on matters pertaining to dissolving a marriage and also rule on maintenance for the wife and children. It should be understood that all this will be done in accordance to kuffaar law and not Shariah Law. It follows that a non-Muslim judge – either male of female – will decide on matters of Shariah!
They will decide and rule in accordance to their flawed understanding and man-made laws. These laws are almost always in opposition to what Allah Rabbul Izzat has decreed.
The Laws of Allah Ta`ala are sacrosanct and our Shariah is immutable. The Decree of Allah Ta`ala and His Nabi (sallallahu alaihi wasallam) are absolute and cannot be altered to the slightest degree.
Any person who rules contrary to the Laws of Allah Ta`ala is kaafir (disbeliever). This is borne out by the Qur`anic text.
Our perfect Deen and Shariah has ordained that the right of Talaaq (divorce) is exclusive to the husband. The rules pertaining to custody of children and maintenance are also clearly outlined in Islam. No judge – Muslim or otherwise – has the right to alter these immutable laws!
The apostate MJC
The MJC has once again declared its enmity towards Islam and proven its kufr by praising this ruling made by the kuffaar court. The MJC has openly declared their apostasy.
We have no option other than to excommunicate the MJC – and their members who agree with this stance – from the fold of Islam. They need to renew their Imaan, make taubah, renew their Nikahs and perform Hajj if it falls due on them.
The Muslims of South Africa have always managed to sustain and maintain their marriages and find suitable solutions to marital issues within the confines of the Shariah. We have suitably qualified Ulama (Muslim Theologians) who can and have always been assisting Muslims with their marital and other issues. There are those who refuse to adhere to the Shariah and deprive their (ex) wives and children of what they rightfully deserve, but these recalcitrant individuals do not represent the entire Muslim Community and we cannot be held hostage or be forced to subject ourselves to man-made laws because of the mischief of the few.
Whether the modern mind, the MJC or the South African Courts deem Islamic Law unpalatable to their feeble minds, is totally irrelevant. We only follow the Divine Laws of Islam as outlined in the Qur’aan Majeed, Sunnah and Shariah!
It would be totally in contravention of the Constitution of South Africa if all Muslims are to be subjected to the Marriage Laws as outlined by the courts, because these laws controvert the Divine Law. Whether the State recognises our Nikahs or not, is irrelevant. We should be left to practice freely on our religion.
Those who wish to be subjected to the kufr laws of marriage may do so at the peril of their Imaan, but the Muslim Community at large should be left to freely practice on their religion, as all others in this country do.
We urge all Ulama who love Allah Ta`ala and His Deen to actively educate their communities on the importance of adherence to the Shariah and to reject the proposed ‘Muslim Marriages Recognition Law’.