One thing we enjoy in this country is freedom of religion. All praise is for Allah alone who has made such possible. When it comes to the issue of marriage however, there seems to be a huge discrepancy with Muslim marriages. Government is now looking at recognising Muslim marriages which on the surface would seem like a wonderful leap forward for Muslims BUT its doesn’t take you much longer to see that the Bill that government wants to pass is totally against Shariah. Muslims in South Africa have be lobbing their objection to stop the Bill from being passed. Below are the new laws that will be in the Muslim Marriage Bill. Please join us and post your objection as well (detail below this post)
- The secular courts will pronounce on Shari Masaail and issue ‘fatwas’ (decrees) which will be in the light of the country’s constitution and subservient to the laws of the country.
- If a secular court decrees that the Nikah is annulled, then the Muslim husband will be compelled to accept it.
- The final arbiter in all cases will be the secular law, not the Shariah, and not even the MMB.
- The courts will be empowered to appoint any person whether male or female and whether gay or lesbian, non Muslim or Muslim to act as the ‘Family Advocate.’
- The secular court will be empowered to decree Faskh (annulment) of a Nikah whereas such annulment is not valid in the Shariah.
- Issues pertaining to Faskh (annulment) of Nikah will be interpreted in the light of the Divorce Act.
- Nafqah (maintenance) will specifically be decided in the light of the secular law not according to the Shariah.
- The definition of ‘Muslim’ given by MMB is so ambiguous that it will be the function of the secular courts to decide who is a Muslim.
- The MMB provides for the automatic imposition of its provisions on even Muslims who were married before MMB came into operation.
- If a couple does not jointly elect to be excluded from MMB within 36 months, the Act will automatically apply to the couple.
- According to MMB men and women have equal rights.
- Nikah under the age of 18 is criminalised.
- A man who marries a second wife in contravention of MMB is guilty of an offence and liable to a fine of R20000.00 or a long jail sentence.
- The MMB compels Muslims who had concluded Nikahs long before MMB to register their marriages under the MMB, unless the parties decide not to be bound by MMB. If they so decide, they have to apply for exemption in the way prescribed by the Act.
- If a Muslim male wishes to enter into a second Nikah, then in addition to the requirement of having to apply to a court for permission, he has to incumbently have a written contract which will regulate his property.
- An Imaam will be fined R20000,00 if he registers a valid Islamic Nikah performed in accordance with the Shariah, if it does not conform to the provisions of MMB.
- Any parent, Imaam, Sheikh, Moulana or elder who advises their children, students, mureeds or any Muslim in general to abstain from MMB (i.e. after it has been enacted as law) will be sentenced to a fine or a prison term of one year.
- The secular Divorce Act will have overriding importance as far as the courts are concerned.
- MMB obliges the husband to register a Talaaq Baa-in which is an irrevocable Talaaq.
- In terms of MMB, the husband’s Talaaq Baa-in will not be valid if he did not follow the provision of MMB.
- If the wife disputes the Talaaq e Baa-in despite the husband contending that he had issued such a Talaaq, then according to MMB the Talaaq is not valid.
- A Talaaq disputed by the wife will be valid according to MMB only if the secular court resolved the dispute and decrees the Talaaq valid despite the fact that the husband states emphatically that he has administered Talaaq Baa-in to his wife.
- The husband is required by MMB to institute court action within 14 days after he has registered his Talaaq Baa-in in the way prescribed by MMB.
- A husband who does not register his Talaaq Baa-in is subjected to the zulm (cruelty) of a fine of R20000.00 or a lengthy jail sentence in Hell’s hole.
- While according to the Shariah, a secular court’s annulment decree is invalid, i.e. it is not a valid Faskh, MMB confers this right to the secular court.
- The ‘Faskh’ provision of MMB degenerated into a hilarious stupidity. This stupidity read ‘ a faskh granted upon the application of the husband ‘
- Khulah, for this validity according to MMB must be registered by a marriage officer, and both the man and woman must appear in front of the officer.
- The interests and welfare of the children will be decided in the light of secular laws, not in terms of the Shariah.
- The court is given the right by MMB to divide the husband’s property between the husband and wife on dissolution of the marriage.
- According to the Shariah there is an order of priority to be observed with regard to custody of minor children in the event of dissolution of a marriage.
- According to the MMB, the court should consider the report of the non- Muslim Family Advocate concerning the welfare of minor children.
- MMB stipulates that Talaaq should first take place before a haraam civil marriage contract could be cancelled.
- Even if the husband has valid Shari reasons for refusing to issue Talaaq, MMB empowers the secular court to issue a decree of Faskh (annulment) to terminate the marriage regardless of the fact that such annulment is invalid in terms of the Shariah.
- MMB places the non- Muslim Minister of Justice in full charge of Muslim Marriages.
- MMB empowers the Minister to make regulations to imprison Muslims who contravene any of the insidious provisions of this haraam so-called Muslim Marriage Bill.
Do not forget to register your objection before it is too late.
Object and be counted. Pass on. For record purposes
Direct your objections to:
The Minister of Justice and Constitutional Development,
c/o Mr T.N. Matibe, Private Bage X81, Pretoria, 0001
Fax: 086 648 7766 ; e-mail: TMatibe@justice.gov.za
SMS the words:
TO 32015 AND YOUR OBJECTION WILL BE RECORDED. (SMS’s charged at R1.00)
The expiry date for comments and objections is 15th March 2011.