Tuesday, April 14, 2009

Does your Marriage mean anything to you?

When Islam is threatened by inimical forces determined to extinguish the Light of the Deen, then it devolves as an incumbent obligation on every Muslim to stand up in its defense. The current MPL bill is part of a global conspiracy to undermine Islam. MPL has its origin in the Ford Foundation-Emory University of the U.S.A. It is indeed most lamentable to observe that those Muslims who are supporting the bill as blind followers of some misguided leaders, have absolutely no idea of the contents of the insidious MPL proposal. Instead of obeying Allah Ta’ala, they offer allegiance to men who have strayed from Siraatul Mustaqeem. In so doing, they come within the scope of the Qur’aanic stricture: “They take their priests and their saints as gods besides Allah…” In this discussion we present a brief and simple explanation of what exactly MPL is.

(1) The final say in deciding issues pertaining to Muslim marriages, divorces, custody of minors, maintenance, etc, will be the right of the secular court, not of the Shariah. Non-Muslim judges will interpret Islamic tenets and issue rulings of Talaaq, Faskh (annulment), etc. The MPL bill states: “…..under Rule 43 of the High Court Rules, the matter may be determined by a non-Muslim judge sitting without assessors.” But according to the Shariah the decrees of a non-Muslim/secular court are not valid. The divorce and annulment decrees will not be valid in the Shariah. The woman will remain wedded to her husband despite the court’s decree. Furthermore, the decision of a secular court will not be valid in terms of the Shariah even if the judge is a Muslim in view of the fact that the secular court operates in accordance with kufr law, not in accordance with Allah’s Law. Thus, the very nature and composition of a secular court are in violent conflict with the Shariah.

(2) Under 18 year old Muslim adults compulsorily require the consent of the non-Muslim Home Minister or of the secular court for entering into Nikah. According to the Shariah, buloogh (puberty) which at the latest is 15 years, transforms the child into an adult. The validity of the baaligh’s Nikah is not dependent on anyone’s permission.

(3) MPL decrees that if a man does not register his Talaaq, he is liable for a fine of R5000 or a jail term. Thus MPL states: “Any husband who knowingly and willfully fails to register the irrevocable Talaq in accordance with this subsection shall be guilty of an offence and liable on conviction to a fine not exceeding R5000. According to the Shariah it is not a requirement to register Talaaq. Monetary fines are haraam. Islam does not permit fines. This provision is an act of gross injustice, usurpation of wealth and cruel.

(4) According to MPL, a man is not allowed to marry a second wife without the consent of the non-Muslim Home Minister/court, and without the consent of his existing wife. If he enters into a second Nikah without the consent of the kuffaar, he is liable to a fine of R20,000 or a long jail term. Thus the kufr MPL bill states: “A husband who enters into a further Muslim marriage, whilst he is already married, without the permission of the court, in contravention of subsection (6) shall be guilty of an offence and liable on conviction to a fine not exceeding R20,000.”
But according to the Shariah, it is the Islamic right of a man to marry a second wife without anyone’s consent. The fine and jail term are conspicuous acts of zulm (injustice/oppression). The Qur’aan explicitly permits polygamy, Denial is kufr.

(5) MPL gives the secular court the power to decree the division of the husband’s estate as it (the court) deems fit. According to the Shariah it is haraam to usurp a man’s wealth in the manner MPL contemplates. A court has no right in the Shariah to usurp any person’s assets for division as it deems appropriate.

(6) According to MPL, a Nikah entered into in contravention of the provisions of the kufr MPL Act is null and void. According to the Shariah, when the Islamic requisites of a
Nikah are met, the Nikah is registered by Allah Ta’ala in the Heavens. The Nikah for its validity does not require the encumbrances of MPL requisites. How can a Nikah which is performed strictly in accordance with Qur’aanic Law be invalid –null and void—simply because a kufr MPL empowers the secular non-Muslim government to change the Shariah as it pleases?

(7) The MPL bill provides for the non-Muslim Minister of Home Affairs to decide according to his/her discretion whether the Nikah of under 18 year olds is ‘desirable’ or not. The Nikah will be sanctioned only if the Minister regards it to be ‘desirable’. But, according to the Shariah, the Nikah is both valid and desirable. It requires no one’s permission for its legality.

(8) The person who performs a Nikah is required by MPL to compulsorily inform the couple that they have the choice to adopt the provisions of the MPL Act. If he does not inform them, he will be liable to a fine of R5000 or a long jail sentence. However, according to the Shariah, this is manifest injustice and oppression. On the contrary it is the duty of the person facilitating a marriage to discourage the couple from binding themselves with the kufr law.

(9) According to MPL if any person, be he/she a parent, arranges the marriage, he/she has to incumbently inform his/her children that they have “a choice whether or not to be bound by the provisions of this Act.” The parents who are facilitating the marriage of their children may not maintain silence nor discourage their children from binding themselves to the kufr MPL Act. If they contravene this provision, they are liable to a fine of R5000 or a prison sentence. According to the Shariah the gross injustice of this haraam provision is too manifest to require elaboration.

(10) Although the votaries of this kufr bill are at pains to convince Muslims that the bill is ‘Islamic’ and in compliance with the Shariah, it allows for the adoption of the haraam community of property system as well as for the antenuptial contract with accrual system.

According to the Shariah these property regimes are haraam. They negate the Shariah’s laws of inheritance, and the consequence is the usurpation of the property of the spouse.

(11) The kufr MPL bill states: “Any person who intentionally prevents another from exercising any right conferred under this Act, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year.” However, according to the Shariah it is the incumbent duty of parents and of elders to admonish and prevent their children from adopting this kufr law. Jailing the parents for exercising their rightful Islamic duty is ludicrously unjust and cruel in the extreme.

(12) Despite the claims of the proponents of this haraam bill that it is an ‘Islamic’ bill, MPL states: “The provisions of section 2 of the Divorce Act shall apply, with the changes required by the context, in respect of the jurisdiction of a court for the purpose of this Act.” Thus, the Shariah is made subservient to the secular law, and the secular court has jurisdiction in terms of MPL to pronounce on issues of Talaaq and Faskh. But according to the Shariah all of this is haraam. The court has no jurisdiction over Muslims in these matters. The ruling of the court is ineffective in terms of the Shariah.

(13) MPL does not accept the validity of Talaaq-e-Baa-in (Irrevocable Talaaq) which the husband issues if the wife disputes it. The kufr MPL bill states: “If a spouse disputes the validity of the irrevocable Talaq, according to Islamic Law, the marriage officer shall not register the same, until the dispute is resolved, by arbitration in terms of section 14 or the court or pursuant to a written settlement between the spouses.” Besides the absurdity and stupidity of this provision, it negates the husband’s right to issue Talaaq. It furthermore allows the ex-wife to labour under the impression that she is still in the man’s nikah. If a husband says that he has given his wife a Talaaq Baa-in, the divorce comes immediately into effect regardless of the absence of witnesses and irrespective of the wife being unaware or not being in the presence of the husband when he administered the Talaaq. The disputation of the wife is of no avail. The husband’s word is final and binding in the matter of Talaaq.

(14) The MPL bill states: “The Divorce Act relating to safeguarding the welfare of any minor or dependent child of the marriage concerned, “apply to the dissolution of a Muslim marriage under this Act.” The secular Divorce Act is imposed on Muslims and the kuffaar concept of “welfare of children” is applied. Contrary to the ambiguity of ‘Islamic Law’ mentioned in the bill, the secular court will have the final say in deciding custody of minor children. According to the Shariah, when a marriage dissolves, the Islamic law of Hadhaanah (Custody and Care of minors) will apply. The concept of ‘child welfare’ in Islam widely differs from the western concept. There is a diametric conflict between the two systems.

(15) Despite MPL providing for the Muslim marriage to be without community of property, in another self-contradictory provision it empowers the court to decree the division of the husband’s assets in accordance with any of the secular marital property system, whether community of property or antenuptial contract with accrual. But according to the Shariah such a division is haraam.

(16) Arbitration (Tahkeem) is a Shar’i process by which disputes are resolved. According to the MPL bill, the secular court has the power to alter, overrule and rescind the verdict of the arbitrator (hakam). However, according to the Shariah, the verdict of the hakam is incumbently binding and may not be tampered with.

The MPL bill is cluttered with kufr. The Minister of Justice and the Minister of Home Affairs are empowered to make the final decisions affecting the religious affairs of Muslims in terms of the MPL bill. It is imperative that Muslims apply their minds and not be deceived and misled by emotional ‘explanations’ of the pro-MPL lobby who are driven by ulterior motives. The Qur’aan forbids Muslims to deify or appoint as ‘gods’ their leaders (molvis and sheikhs). Certain issues are readily comprehensible to even laymen.

The kufr of the MPL bill is so flagrant and glaringly conspicuous that every Muslim who takes the little trouble of studying this insidious bill will understand the numerous conflicts with the Shariah which the MPL bill embodies. Expert knowledge is not necessary to understand the anti-Islamic ethos of the bill and of its proponents. It is not necessary to be an Aalim to understand the kufr concoctions of the MPL bill. There is a need for only sincerity and true concern for the Deen to comprehend the kufr of MPL.

When the molvi/sheikh urges you to support the MPL bill, ask him to provide you with a copy of the bill. Then study it and form your own independent conclusions regarding its provisions. As followers of the Sunnah we resolutely follow the Aimmah-e-Mujtahideen (the Imaams of the Four Math-habs). But this taqleed (sacred following) does not permit blind following of every molvi/sheikh who roams the streets peddling the wares of the kuffaar. Examine the bill and apply your mind to save your Imaan and to guard Islam against the predatory onslaughts of the global conspirators whose headquarters are the U.S.A.

If you have not yet objected against the MPL bill, lodge your objections immediately with the Minister of Justice. Write to him stating that you dissociate from the MPL bill; that you follow only Islam; that the bill is in conflict with the Shariah; that the government should not impose on Muslims a foul law which disregards our religious beliefs and feelings. Write to:

The Minister of Justice & Constitutional Development
Private Bag X276

Forward a copy of your letter of protest to us as well. Our contact details are:
P.O. Box 3393
Port Elizabeth
Fax 041-451-3566
Issued by: MUJLISUL ULAMA OF S.A., P.O.Box 3393, Port Elizabeth 6056

1 comment:

Safiyyah said...

Salam, may I ask where you recieved this infomation from, was it in the form of a pamphlet/email etc?
I am doing some research on the Marriage bill...