The MAJLIS, PO Box 3393, Port Elizabeth, 6056

21 Rabiuth Thaani 1432 – 26 March 2011



Men of intelligence and discernment know why the proponents of the
Kufr so-called ‘Muslim’ Marriages Bill are prepared to barter away
even their Imaan to get MMB legislated and shoved down the throats of
the Ummah in South Africa. There is an evil motive underlying the
desperate struggle to get MMB enacted as law. Let us unfold this
conundrum for you dispassionately.

Early in 2010 prior to the release of the draft bill for comment,
the proponents of MMB (UUCSA which consists primarily of MJC and the
NNB Jamiat of Fordsburg) were 100% sure that the bill was as good as
law, and even if the skies had to crack, MMB would be legislated into
law. Early last year there was a so-called ulama meeting organized by
the NNB Jamiat to ostensibly discuss the draft bill. Unexpectedly,
some Ulama from Jamiatul Ulama Gauteng attended since the meeting was
advertised as an ‘ulama’ meeting. The NNB clique was taken aback by
the attendance of the Ulama of Jamiatul Ulama Gauteng.

The meeting which was advertised was in fact a farce. It was a
miserable attempt to hoodwink the public. As far as the NNB crowd was
concerned, the bill was a cut and dried issue. They behaved as if they
were parliament who had already legislated the bill. The so-called
‘ulama’ meeting refused to discuss the draft bill. The purpose of the
meeting, it was clear, was twofold: (1) To inform its (i.e. NNM
Jamiat’s) members who had gathered that the MMB will soon be law,
and (2) To make merry with refreshments and light banter unexpected
of Ulama.

During the ensuing months since the frivolous party, MJC and NNB
Jamiat characters were meanwhile lobbying the government in
clandestine meetings. The government was fed the following false
information by these two miscreant bodies: (a) That the phantom
organization called UUCSA represented the whole of the Muslim
community of South Africa. (b) In the entire country there was only
one dissenting voice, namely The Majlis. Thus, the two miscreants
thought that they were riding on top of the crest of a wave as far as
the bill was concerned. For them it was no longer a ‘bill’. It was
already a ‘law’ requiring only a couple of final polishing touches.

However, then came the big shock for MJC and NNB Jamiat. (By the
way, NNB Jamiat means No Name Brand Jamiat). When the Ministry of
Justice & Constitutional Development released the draft bill for
public comment, the spirits of the two miscreant bodies were in
entirety deflated. They had all along laboured under the
misapprehension that the bill which the Minister would be realising
would be the very same draft bill which the NNB Jamiat-MJC
‘parliament’ had already promulgated. In total conflict with their
happy expectation, the Minister of Justice had expunged from the draft
bill all the provisions pertaining to the court structure which the
miscreants had included in the earlier draft bill.

Since the provisions pertaining to the courts were blatantly
unconstitutional in that they sought to curtail the jurisdiction and
freedom of the judiciary, the Minister had no alternative but to
delete the offending, unconstitutional provisions. When MJC and NNB
Jamiat realized that the very motive for which they were fighting for
the bill had been thwarted, they fell into an eerie silence. Hence,
for five weeks since the publication of the bill, they failed to
comment. They had been caught by surprise and their spirits were
utterly deflated. They were now in a dilemma. The bill as it currently
stands is meaningless for the NNB Jamiat and MJC because it does not
serve their pernicious monetary agenda for which they had been
prepared to sell their Imaan down the sewer drain.

Among the court provisions in the earlier draft was the
stipulation of Muslim judges and Muslim assessors. One provision
required that a Muslim judge should preside in Muslim marital
disputes. Another provision required two Muslim assessors to sit with
the judge.

It is necessary to emphasize that the stipulation of Muslim judges
was not by virtue of any consideration for the Shariah. Similarly, the
requisite of Muslim assessors was not because of any Deeni concern.
Both these wayward bodies believe that even non-Muslim judges may
adjudicate in Muslim marital disputes and issue decrees of Talaaq and
Faskh despite the fact that there exists consensus in the Ummah that
a non-Muslim judge has no wilaayat (jurisdiction) over Muslims, hence
his decree of Talaaq and Faskh is not valid.

In the previous draft bill which the UUCSA proponents had expected
to be released for comment, appears the following provisions:
“15 (1) (a) the Judge President or other head of the court which has
jurisdiction shall appoint a Muslim judge from that court to hear such
dispute, and if there is no Muslim judge, the Minister for Justice &
Constitutional Development shall appoint a duly admitted practicing
Muslim advocate or attorney of at least 10 years’ standing as acting
presiding officer: …….
(b) the court shall be assisted by two Muslim assessors who shall
have specialised knowledge of Islamic law…”

Someone may ask: ‘What is wrong with these clauses? They provide
for Muslim judges and Muslim assessors.’ There is much that is wrong
with these provisions. The first wrong is the insincerity of the
drafters of the bill. Secondly, there is a sinister motive underlying
these clauses. Thirdly, the stipulation of ‘Muslim’ judges by the MPL
clique is not due to Shar’i motivation.

Although the Shariah stipulates that only a Muslim judge
subservient to the Shariah has jurisdiction to adjudicate in Muslim
disputes, the proponents of the bill do not accept this, hence in the
previous draft bill they have included the following provisions:
“Provided that in urgent matters and in cases of an application
under Rule 43 of the High Court Rules, the matter may be determined by
a non-Muslim judge sitting without assessors.”

So, while (a) and (b) above, provides for Muslim judges and Muslim
assessors, this clause dispenses with both. Both, the Muslim judge
and the two Muslim assessors are eliminated. This establishes beyond
the slightest vestige of doubt, that according to the insincere
MJC-NNB Jamiat-UUCSA clique, a non-Muslim judge has wilaayat
(jurisdiction) over Muslims in diametric conflict and rejection of the
Qur’aanic aayat: “Never will Allah grant jurisdiction to the
kaafireen over the Muslimeen.” This aayat is the fundamental basis
for the negation of wilaayat of non-Muslims. There exists consensus
of the Ummah – of all Four Math-habs – on this negation. But, the
UUCSA clique flagrantly and rebelliously perpetrates the kufr of
saying and accepting that a non-Muslim judge does have wilaayat over
Muslims. And, to aggravate and compound their stark kufr, they
shamelessly even kick our the Muslim assessors to allow the lesbian,
gay, faasiq/faasiqah, faajir/faajirah judge to make ‘ijtihaad’ in the
Qur’aan and Hadith, and to stupidly interpret what appears in the
Shariah’s kutub (books) of Fiqah (jurisprudence).

Betraying further and conclusively, their kufr concept, the MMB
Kufr clique, adorned their draft bill with the following kufr
“15 (3) Any decision of the court shall be subject to appeal to
the Supreme Court of Appeal in accordance with the applicable Rules of

Thus, the decision of the Muslim judge of the High Court – a
decision which is ostensibly according to the Shariah – is not the
final word. Such decision is the subject of appeal. The non-Muslim
judge of the Supreme Court has all the right and power to cancel the
‘Shar’i’ decree of the Muslim judge of the High Court. It is
noteworthy that while the bill provides for Muslim judges for the
High Court, there is no such provision affecting the Supreme Court
which will function as normal. Non-Muslim judges of all persuasions
and sexual orientation will sit in judgement to interpret the Shariah
and issue decrees according to their nafs in the light of the
country’s laws and the constitution.

It is thus conspicuous that the provisions pertaining to Muslim
judges and Muslim assessors are insignificant and of only cosmetic
worth. Now why did the MPL clique demean their intelligence with
these contradictory and dishonest clauses. These clauses are not the
product of their ignorance. These provisions are the effects of a
clear design to hoodwink the Ummah and to appease the government.

The cosmetic portrayal of ‘Muslim’ judges is to trick Muslims into
believing that the bill is shariah-compliant and that the decrees
will be issued by Muslim judges who do have wilaayat as stipulated by
the Shariah. The study of most people is perfunctory. They browse
through the bill without understanding what they are reading,
especially with so much silly legal jargon. The Islamic terms such as
Nikah, Talaaq, Faskh, Khula’ Nafqah, Tafweedhut Talaaq, Muslim
judges, Muslim assessors, etc., with which the draft bill is peppered
create the impression that the bill is Islamic and compliant with the
Shariah when in reality it is pure KUFR.

The non-Muslim judge story and laying hands off from the Supreme
Court are for government consumption for procuring approval of the
bill. The MPL clique understands well that while they may tamper with
the Shariah as much as their nafs desires, they may not do likewise
with the country’s laws and constitution. Conflict with the
constitution will veto the bill, hence they felt constrained to
concede to non-Muslim judges for the High Court and to totally refrain
from the attempt to curtail the power of the Supreme Court.

All these so-called ‘Muslim’ provisions regarding the court were
expurgated by the Minister of Justice who denuded the draft bill of
the blatantly unconstitutional court provisions, hence the present
‘Muslim’ Marriages bill is without these clauses which are the primary
reason for the insane support of the kufr bill.

When the MMB was published by the Minister of Justice, the MPL
clique was aghast with disbelief. They were shocked into silence when
they realized that provisions which are their mainstay for supporting
the bill were no where in the bill. They were confused and receded
into silence for five weeks since the publication of the bill. While
the opponents of the kufr bill were having a field day criticizing,
commenting and protesting against the bill, the UUCSA gang could not
react. They began their feint rumblings to announce their new stance
many weeks after publication of the bill. They adopted an ambivalent
stance, contending that some provisions in the bill are ‘un-Islamic
and in conflict with Islamic law”. But when they were asked by several
persons: ‘Which provisions are un-Islamic and in conflict with Islamic
law?’, they refused to respond. They adopted a policy of beating about
the bush with meandering arguments to deflect the enquirer from his
enquiry. They intransigently refused to spell out exactly which
provisions are ‘un-Islamic’ and ‘in conflict with Islamic law’.

While to those who lack understanding of the pernicious motives of
this clique, such refusal seems intransigent, it is in reality
dictated by their prudence and the desire to save face. The reason
why they refuse to furnish the simple information by merely informing
the community of the un-Islamic clauses, is not a deep mystery. The
fact is that every provision in the bill has been manufactured by the
MPL clique – from A to Z. Nothing is the handiwork of the government.
When it slipped out of their mouths that some provisions were
‘un-Islamic’ and ‘in conflict with Islamic law’, they realized the
gaffe, hence their refusal to comment and spell out the un-Islamic
clauses. They could not point out un-Islamic provisions because they
themselves had fabricated all the clauses and provisions of the bill.
How can they now say that what their own hands had wrought is in
conflict with Islamic law?

While they are not concerned with all the other un-Islamic
provisions because they themselves are responsible for such
provisions, they are vastly perturbed by the deletion of the
provisions pertaining to Muslim judges. The reason for their
insistence to have the courts’ provisions included is mercenary and
most despicable. These kufr MMB proponents have maintained that they
will be in charge of appointing the marriage officers, Muslim
assessors and their eyes are locked on the target of Muslim judges.
They are out to be the Muslim judges who will preside in the MPL court
should their plot succeed.

One schizophrenic self-styled ‘expert of Islamic law’ believes that
he would be the first such judge. Another quack sheikh has rushed off
to a non-Muslim country to obtain a scrap degree in ‘Muslim marital
law’ since his eyes are set on the judge’s post. Now why are they
craving for these positions. Apart from the mundane ‘prestige’ which
comes with these positions, a judge’s annual salary is R2 million ,
and the golden handshake at the end of his term is R20 million. This
then solves the riddle underlying the mad desire for the promulgation
of the Kufr bill, that is, the previous Kufr bill, not the current

Since the current bill has robbed them of the R2 million and R20
million, and of becoming the marriage officers and assessors, they
are no longer enamoured with the bill. They have gone back to the
boardroom with their kufr policy of ‘engagement’ in the bid to get
the deleted court provisions reinstated.

They are prepared to destroy their Imaan for monetary gain. They
have betrayed Allah, His Rasool and the Ummah. They are prepared to
transmogrify and mutilate the Shariah beyond recognition to fill their
pockets with haraam money. They are among the worst specimens of
vermin under the canopy of the sky, inhabiting and polluting the
earth. In the words of the Hadith: “They search for the dunya with the
amal (practice) of the Aakhirah”, i.e. they barter away Islam and
their Imaan for haraam money.