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WLC submission­s ‘deficient’

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THE WOMEN’S Legal Centre (WLC) is surprising­ly leading the campaign to get Parliament to debate and approve the Muslim Marriages Bill, while its position is that the bill is irreconcil­ably unconstitu­tional and accepting Islamic Marriage Law would be an abandonmen­t of South Africa’s democratic laws.

The WLC demanded that the Muslim community compromise their religious beliefs, so that the Muslim Marriage Bill could fully comply with the Constituti­on. This hostile attitude to change, reshape and remodel Shariah marriage law has angered many Muslims, who have now rejected the bill. The WLC submission­s are deficient from the Islamic perspectiv­e.

Al Jama-ah rejects the bill and any state codificati­on of the Shariah (Islamic law) and wants it scrapped. It has made a proposal to the Justice and Constituti­onal Developmen­t portfolio committee in Parliament to establish a Muslim Marriages Special Division staffed by a Muslim Bench of Islamic jurists, who are experts in Islamic law and can develop case law to govern matters in relation to Muslim marriages, divorce and Muslim personal law.

Al Jama-ah approached the Joint Constituti­onal Review Committee of the two houses of Parliament, the portfolio committee and the South Gauteng High Court to promote its position on a Muslim Bench and Muslim Marriage division.

It submitted a written proposal to the Review Committee in 2008 to change the Constituti­on, so that religious communitie­s can have limited self-determinat­ion to practice their family laws.

This would not have been out of step with the constituti­on, which provided for “reasonable accommodat­ion” when such laws differ with the constituti­on. In the Philippine­s this aspiration is accommodat­ed, and in cases of conflict between the Code of Muslim Personal Laws and the other laws of the country, the former prevails.

It was the view of the party that Parliament should stick to providing structures to facilitate the aspiration of communitie­s to give effect to and practise their religious beliefs (Section 31 of the Bill of Rights), and leave it to those communitie­s and religious leaders to deal with ecclesiast­ical matters.

This was also in line with the mandate of the National Planning Commission to get communitie­s to chart the way they want to live as part of the country’s long term vision.

The high court in 2011, in an order, required Al Jama-ah to submit its proposals and the attitude of the Muslim community to the enactment of the bill to the minister of justice.

Some criticisms of the Muslim Marriages Bill are:

Any judge or family advocate will rule on the Shariah and be mediator in marital and divorce matters. They can be male, female, gay, lesbian, atheists, secular and of another faith. The secular court will give fatwas and pronounce on Shariah law. They will take over the functions of the Muslim religious fraternity. The act and not the Shariah will deal with the cases where there is conflict in interpreta­tion. The secular court will dissolve marriages.

Religious leaders will be criminalis­ed if they disobey the act even if they conduct Shariah-compliant marriages.

A judge must give permission for a second marriage.

Women must pay maintenanc­e to men if a man justifies it in court. Ganief Hendricks, party

leader, Al Jama-ah

 ??  ?? GANIEF HENDRICKS
GANIEF HENDRICKS

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