When a dispute arises between a couple it is natural that they would want it resolved as speedily, inexpensively and if possible without any needless worries. Generally, they would also like to keep it as private as possible and involve as few others in the process of resolution.

Our current debate on the Muslim Marriage Bill (MMB) is more fiction and friction than fact.  Differences of opinions are natural and welcome.  But ignorance and misinformation is not.  Let’s set the record straight.

Senior Ulama and elders of this country have identified the need for recognition of Muslim Marriages many years ago and had begun a process of seeking legal recognition since the 1970’s.

With the advent of democracy, recognition of Muslim Personal Law (“MPL”) became part of the search for a just dispensation.

(1) The Constitution of the Republic of South Africa provides for the recognition of Muslim personal and family law, which includes the recognition of Muslim marriages and the consequences flowing thereof.

I have been inundated with requests to write something about the Muslim Marriage Bill (MMB) which has been put out for comment by the Minister of Justice and Constitutional Affairs on 21 January 2011. Interested persons have until 15 March 2011 to make their inputs and given the importance of the issue that concerns Islam and the shariah, it is important that people read and study the bill whose purpose, according to the introduction is, inter alia, " to make provision for the recognition of Muslim Marriages" as well as to specify the " requirements for a valid Muslim marriage". It also seeks to "regulate the proprietary consequences of Muslim marriages".
The MMB is in simple reader friendly language and what it seeks to do, apart from the above, is to ensure that parties to a Muslim marriage, expecially women are adequately protected and to do this the MMB seeks to introduce a "buy in" option and the requirement that every person seeking to marry according to the Muslim criteria, be informed of his of her rights and the choces available to him and her!

Jamiatul Ulama South Africa Meeting on MMB: Communiqué

The Jamiatul Ulama South Africa convened a meeting of members on Sunday 20 February 2011 at their Baitul Hamd office premises in Fordsburg.

The urgently organized meeting was attended by over 80 members who discussed issues around the debate on the Muslim Marriages Bill.

At the meeting, the Ulama body emphasized that it chose the route of engagement with government in order to effect necessary changes to the draft Muslim Marriages Bill in order for it to comply with fundamental issues of Shariah.