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Weekly Comment |
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UUCSA’s Submission on the Muslim
Marriages Bill: A Communiqué
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All praise is due to Allah
and may His choicest salutations
continue to descend upon our
Master and Leader Muhammad.
The closing date for
submissions and responses to the
Bill released by the Department
of Justice and Constitutional
Affairs was 31 May 2011. A study
of the Bill revealed that it had
at least four fundamental
shortcomings which were as
follows:
• Certain clauses
were clearly un-Islamic
•
Some provisions imposed undue
and unnecessary obligations
• It omitted certain critical
clauses which were initially
part of the Bill
• It
contained inadequate safeguards
against potential interference
by the judiciary
The
UUCSA task team had accordingly
redrafted the Bill and prepared
an overview which sets out the
rationale for each of the
proposed changes. The UUCSA
submission in form of a
redrafted Bill has been
forwarded to the ministry of
justice and constitutional
development yesterday (31 May
2011).
Some of the
salient changes to the Bill
include:
1. Spouses must be
given the choice to ‘opt in’
into the system.
2.
Non-compliance of the provisions
of the Act must be
decriminalised
3. In the case
where a husband intends to take
a further spouse he need not
seek the permission of the
courts
4. Couples must be
given the option of referring
their disputes to arbitration
before the matter goes to court
5. Only Muslim Judges together
with two Muslim assessors
qualified in Islamic Law may
preside over disputes in a court
of law.
6. Couples must be
allowed to deregister their
marriages should the Act be
amended to such an extent that
it affects the core belief of
the parties
7. In the
interpretation, application and
implementation of the Act, the
court shall give cognisance to
the rules of Islamic Law.
The United Ulama Council of
South Africa (UUCSA) is of the
firm view that the legal
recognition of Muslim marriages
would be instrumental in the
preservation of the distinct
identity of the Muslim
community, the protection of the
Shari‘ah from unconstrained
judicial interference and for
the easier resolution of
matrimonial disputes in our
communities.
There
have been constant attempts to
lure UUCSA into unsavoury public
spats coupled with an endless
flow of misinformation and
puerile attempts to project
UUCSA as a bogus organization.
We have not and will not stoop
to discourteous exchanges that
whip up emotions of the public.
Some people opposed to
the Bill are advocating the
recognition of Muslim marriages
through the civil Marriages Act
with an ante nuptial contract,
instead of the proposed MMB. The
consequences of such
registration will among others
be:
• The absolute ban on
polygamous marriages
• A non
Muslim judge will preside over a
Muslim dispute
• The secular
law of maintenance will apply in
the case of divorce which will
result in maintenance beyond the
period of iddah.
• A women
will be given the power of
divorcing her husband in a court
of law
The Bill is
premised on choice, which allows
those who do not identify with
it to simply ignore it! Why the
need for such ill-mannered
vilification of those who
identify with it?
UUCSA
will continue engaging with the
relevant authorities to ensure
that the Bill reflects both the
spirit and the law of the
Shari‘ah. If at the end of the
process UUCSA is not satisfied
with the final version of the
Bill, it will without any
hesitation withdraw its support
for it. We implore His Divine
mercy and guidance in our
endeavours.
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C O N T E N T
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Summarised
Jumuah Bayaan |
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Question and
Answer |
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Update |
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Message from the Ameer |
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I N F O R M A
T I O N |
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Min. Mahr |
R 273.13 |
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Mahr Faatimi |
R 13,656.57 |
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Zakaat Nisaab |
R 5,462.63 |
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Words of Wisdom |
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Hadith of the Week |
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The Patient |
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Abu Musa Al-Ash’ari
Radhiallahu anhu reported:
The Messenger of Allah
Sallallahu ‘alayhi wasallam
said: “When a slave's child
dies, Allah the Most High
asks His angels, ‘Have you
taken out the life of the
child of My slave?’ They
reply in the affirmative. He
then asks, ‘Have you taken
the fruit of his heart?’
They reply in the
affirmative. Thereupon he
asks, ‘What has My slave
said?' They say: ‘He has
praised You and said: ‘Inna
lillahi wa inna ilaihi
raji`un’ (We belong to Allah
and to Him we shall be
returned).’ Allah says:
‘Build a house for My slave
in Jannah and name it as
Baitul-Hamd (the House of
Praise).’” (At-Tirmidhi)
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Quotation
of
the Week |
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The Contemplative |
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‘Umar bin ‘Abd al-‘Aziz
said: “Whoever contemplates
death frequently speaks
little, while he who knows
that death is certain is
satisfied with a little.”
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Point of Reflection |
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Worthy Advisor |
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Before you ask a man for
clothes, look at the clothes
that he is wearing.
(Benin)
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Q and A |
Question:
There
are three mosques within
close proximity of a
person’s home. At times, all
three adhaans can be heard
while at others, either none
can be heard or one from the
three. What should a female
do in any one of the
following scenarios?
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Answer:
1. None of the adhaans are
heard but salaah is
commenced by the lady since
the time of Salaah has
entered. If adhaan is heard
during the course of her
Salaah should she
discontinue the Salaah and
recommence after the adhaan
or should she just carry on?
2. Based on the adhaan
of a particular mosque, she
begins her Salaah. Then,
another adhaan is heard,
what should she do?
Answer:
In both cases the
Salaah should be continued
despite the adhaan being
called out. There would be
no need to abandon the
Salaah and re-perform it
after the adhaan has been
called out.
Salaah
can be performed from the
time when the Salaah time
enters. The purpose of
adhaan is merely to call the
musallis in the area of a
masjid towards performance
of Salaah in congregation.
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U P D A T E |
Legacy of
Ulama in South Africa
Moulana Yusuf Karan and Moulana
Ayoob Kachwee will address ulama
at the Jamiatul Ulama South
Africa’s Baitul Hamd auditorium
on Saturday 4 June 2011 starting
from 09:15 on the Legacy of
Ulama in South Africa.
All ulama are invited to attend
the programme. Please RSVP by
SMS “Yes” and your name on 082
728 8465 or by tel: 011 373 8000
Understanding Islamic
Finance and Banking
Moulana Taha Karan, the
principal of Darul Uloom Arabia
ISlamia in Strand, Western Cape
will present a lecture on
Understanding Islamic Finance
and Banking on Sunday 5 June
2011 at Umar Farooq Masjid,
Lenasia Ext. 8.
The
programme will start from 09:30
until Dhuhr after which lunch
will served.
The
programme has been organized by
the Jamiatul Ulama South Africa
in Lenasia in order to
facilitate academic discussion
among ulama so as to empower
them in the understanding of
contemporary issues.
All
ulama are invited to attend.
Please confirm participation by
phone: 011 852 4631 or fax: 011
852 7140 or SMS: 082 815 2049/
072 733 1667.
Delegations visit Jamiatul Ulama
South Africa
A group of four Iftaa students
from Darul Uloom Zakariyya
visited the Jamiatul Ulama South
Africa on Thursday, 26 May 2011.
The group which was made up of
local as well as international
students were on a
familiarization tour of the work
and operations of the Jamiatul
Ulama South Africa.
The
group has been to Radio Islam as
well as the South Africa
National Halaal Authority.
Meanwhile, a two-man
delegation from the Fountaion
Education Trust, a
Turkish-originating visited the
Jamiatul Ulama on Tuesday 31 May
2011. The trust runs Sama School
based in Mayfair as well as six
other schools across South
Africa.
They were on a
visit to the Jamiatul Ulama
South Africa to foster ties with
the ulama body.
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Summarised Jumu’ah
Bayaan: |
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Excellence of
Jihad (Part III) |
• ‘Uqba ibn ‘Amir
al-Juhani radhiyallahu
anhu said, “I heard
Rasulullah sallallahu
alayhi wasallam say,
“Many lands will be
opened up to you and
Allah will be enough for
you, so none of you
should fail to look
after his arrows.”
(Muslim)
• ‘Uqba
ibn ‘Amir al-Juhani
radhiyallahu anhu
reported that Rasulullah
sallallahu alayhi
wasallam said, “Anyone
who is taught shooting
and then abandons it is
not one of us - or he
has rebelled.” (Muslim)
• ‘Uqba ibn ‘Amir
al-Juhani radhiyallahu
anhu said, “I heard
Rasulullah sallallahu
alayhi wasallam say,
“Allah will admit three
men into Jannah on
account of one arrow:
the one who made it,
making sure it was made
well, the one who shot
it and the one who
handed it over. So shoot
and ride. I prefer your
shooting to your riding.
Anyone who abandons
shooting (arrows) after
having been taught it,
out of aversion to it,
has abandoned a blessing
- or he said, “been
ungrateful for it.” (Abu
Dawud)
• Salama
ibn al-Akwa’
radhiyallahu anhu said,
“Rasulullah sallallahu
alayhi wasallam passed
by a group who were
practicing shooting with
one another and said,
“Shoot, Banu Isma’il!
Your ancestor (Ismail
alayhis salaam) was an
archer.” (Bukhari)
• ‘Amr ibn ‘Abasa
radhiyallahu anhu said,
“I heard Rasulullah
sallallahu alayhi
wasallam say, “If anyone
shoots an arrow in the
way of Allah, it is
equivalent to freeing a
slave.” (Abu Dawud &
Tirmidhi)
• Abu
Yahya Khuraym ibn Fatik
radhiyallahu anhu
reported that Rasulullah
sallallahu alayhi
wasallam said, “If
anyone spends anything
in the way of Allah, it
is written for him as
seven hundred fold.”
(Tirmidhi)
• Abu
Sa’id al-Khudri
radhiyallahu anhu
reported Rasulullah
sallallahu alayhi
wasallam said, “No slave
fasts one day in the way
of Allah without Allah
putting him seventy
years journey away from
the Fire of Hell on
account of that day.”
(Bukhari & Muslim)
• Abu Umamah
radhiyallahu anhu
reported that Rasulullah
sallallahu alayhi
wasallam said, “If
anyone fasts a day in
the way of Allah, Allah
will put a trench
between him and the Fire
of Hell whose width is
the same as the space
between heaven and
earth.” (Tirmidhi)
• Abu Hurayrah
radhiyallahu anhu
reported that Rasulullah
sallallahu alayhi
wasallam said, “Anyone
who dies without going
on an expedition and
without having thought
of himself as going on
an expedition has died
with a characteristic of
hypocrisy.” (Muslim)
• Jabir radhiyallahu
anhu said, “We were with
Rasulullah sallallahu
alayhi wasallam on an
expedition and he said,
“In Madina there are men
who have been with you
whatever distance you
have travelled and
whatever valley you
crossed. Only illness
prevented them from
coming.” One variant, “A
valid excuse prevented
them from coming.” One
variant has, “Without
their sharing with you
in the reward.”
(Bukhari)
• Abu
Musa radhiyallahu anhu
reported that a bedouin
came to Rasulullah
sallallahu alayhi
wasallam and said,
“Messenger of Allah, one
man fights for booty,
one man fights to be
remembered and one man
fights to be shown his
place.” In one variant,
“He fights for bravery
and fights out of rage.”
In one variant, “One
fights in anger. Which
one is in the way of
Allah?” Rasulullah
sallallahu alayhi
wasallam said, “The one
who fights so that the
word of Allah be
uppermost is in the way
of Allah.” (Bukhari &
Muslim)
• Abu
Umama radhiyallahu anhu
reported that a man
said, “Messenger of
Allah, give me
permission to travel.”
Rasulullah sallallahu
alayhi wasallam said,
“Travel of my Ummah is
jihad in the way of
Allah, the Mighty and
Exalted.”
•
‘Abdullah ibn ‘Amr ibn
al-‘Aas radhiyallahu
anhu reported that
Rasulullah sallallahu
alayhi wasallam said,
“Returning is the same
as setting out on the
expedition.” (Abu Dawud)
• As-Sa’ib ibn Yazid
radhiyallahu anhu said,
“When Rasulullah
sallallahu alayhi
wasallam returned from
the expedition of Tabuk,
the people met him and I
met him with the
children at
Thaniyyatul-Wada’.” (Abu
Dawud)
• Abu
Umamah radhiyallahu anhu
reported that Rasulullah
sallallahu alayhi
wasallam said, “If
someone does not ride
nor equip a rider nor
look after the family of
someone on an
expedition, Allah will
inflict a calamity on
him before the Day of
Qiyaamah.” (Abu Dawud)
• Anas
radhiyallahu anhu
reported that Rasulullah
sallallahu alayhi
wasallam said, “Fight
against the idolaters
with your wealth, selves
and tongues.” (Abu
Dawud)
• Abu
Hurayrah radhiyallahu
anhu reported that
Rasulullah sallallahu
alayhi wasallam said,
“Do not desire to meet
the enemy. Ask Allah for
well-being. When you
meet them, be
steadfast.” (Bukhari &
Muslim)
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Message from the Ameer of
the Jamiatul Ulama |
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Our Role on Earth:
Amr bil Maroof wa al-Nahy
anil Munkar |
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(This is a re-run of one of
the Ameer's previous
messages) |
Enjoining the good and
forbidding the evil is an
important aspect in Islam.
It is considered to be a
responsibility of the
Believers. It is considered
to be among the signs and
qualities of the Believers.
It is mentioned as a means
of protecting oneself from
the punishment of Allah. It
is the basis, foundation and
means of creating a moral
society. Abstaining from it
is a cause for incurring the
displeasure of Allah and
also a prevention for the
acceptance of du`aa. Allah
mentions amar bil ma`ruf and
nahy anil munkar in various
verses of the Qur`aan, and
numerous ahaadeeth have been
narrated on the issue. Some
of them are:
“The
believers, men and women,
are Awliyaa’ (helpers,
supporters, friends,
protectors) of
one
another; they enjoin (on the
people) Al-Ma‘roof (i.e.
Islamic Monotheism and all
that
Islam orders one to
do), and forbid (people)
from Al-Munkar (i.e.
polytheism and disbelief of
all kinds, and all that
Islam has forbidden)”
[al-Tawbah 9:71]
“Let
there arise out of you a
group of people inviting to
all that is good (Islam),
enjoining Al-
Ma‘roof
(i.e. Islamic Monotheism and
all that Islam orders one to
do) and forbidding Al-
Munkar (polytheism and
disbelief and all that Islam
has forbidden)” [Aal ‘Imraan
3:104]
“You (true
believers in Islamic
Monotheism, and real
followers of Prophet
Muhammad and his
Sunnah)
are the best of peoples ever
raised up for mankind; you
enjoin Al-Ma‘roof (i.e.
Islamic Monotheism and all
that Islam has ordained) and
forbid Al-Munkar
(polytheism,
disbelief
and all that Islam has
forbidden)” [Aal ‘Imraan
3:110]
Abu Sa"id
al-Khudri (RA), reported
that the Messenger of Allah
had said:
"Whoever
amongst you sees anything
objectionable, let him
change it with his hand, if
he is
not able, then with
his tongue, and if he is not
even able to do so, then
with his heart, and
the
latter is the weakest form
of faith." Saheeh Muslim
May Allah make it
possible to practice upon
these verses and ahaadeeth.
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