Archive for the ‘Muslim Judicial Council South Africa’ Category

Muslim Judicial Council South Africa – Muslim Personal Law – Frequently Asked Questions

March 25, 2010

The United ‘Ulama Council of South Africa (UUCSA) is an umbrella body comprising of major Muslim theological formations in South Africa.

It was established in 1994 to provide a unified ‘ulama’ response to national issues that impact on the Muslim populace of South Africa.  This article attempts to help the layperson understand issues related to the recognition of Muslim marriages in a simple question and answer format.

Members of the United Ulema Council of South Africa (UUCSA) are:
•    The Muslim Judicial Council (MJC)
•    The Sunni Ulama Council (SUC)
•    The Jamiatul Ulama (JU)
•    The Jamiatul Ulama KZN (JUKZN) ***
•    The Sunni Jamiatul Ulama Natal (SJUN)
•    Eastern Cape Islamic Congress (ECIC)
•    Council of Ulama Eastern Cape (CUEC)
QUESTIONS AND ANSWERS

1    What is the Muslim Personal Law (MPL) all about?
The MPL provides for the legal recognition of Muslim Marriages and deals with the consequences that flow from such recognition, such as:
•    Proprietary consequences of a Muslim marriage
•    Divorce
•    Faskh  (Annulment of a marriage)
•    Custody of children
•    Maintenance
•    Dispute resolution
       
2    Why is there a need for the legal recognition of Muslim Marriages?
If a dispute between a Muslim husband and wife presently does go to court, the courts either pronounce rulings in accordance with common law or in accordance with what they perceive to be Islamic law, in which case laws pertaining to Islamic marriages evolve at the sole discretion of the courts. Such law will not only be binding on the litigants in question, but upon all Muslims. A good example for the need of the MPL is the case of Daniels. On the 11th March 2004, the Constitutional Court of South Africa effectively recognized a monogamous Muslim marriage for the purposes of succession. However, in the absence of a Bill, the ruling meant that a wife would inherit according to the law of the country and not according to Islamic Law.

3    What if Muslims do not want to be governed by this Bill?
Muslim couples have the choice to be bound by the provisions of this Act. No one is forced or compelled to register his/her nikah under the MPL.
However, if Muslims do not register their marriages under the MPL they will be forced to invoke the civil law if the matter goes to court in case of a divorce and in all related matters, thereby indulging in a serious transgression of the law of Allah. A civil marriage with the anti nuptial contract as advocated by some Ulama only regulates the property regime of couples. All the consequences that flow from such a contract will be adjudged by civil law, which are in total opposition to the shariah.

4    What are the benefits and implications of the proposed MMA?
As matters currently stand, various Ulama bodies mediate or arbitrate on matrimonial disputes in an advisory capacity. The awards or rulings given by these bodies are not legally enforceable, hence the guilty spouse simply refuses to cooperate or abide by the decisions of the Ulama knowing fully well that they cannot be compelled to do so.
The most important benefit of the MPL is that it will legitimize the invaluable services provided by the Ulama bodies and will grant them the muscle to legally enforce their awards and rulings.
However, if the dispute resolution efforts of the Ulama fail, the MPLwill ensure that courts are bound to pass pronouncements in keeping with shariah rulings embodied in the relevant bill.

5    Will MPL oblige Muslims to go to court each time to have their disputes resolved?
The MPL compels couples to first resolve their dispute via mediation. If compulsory mediation fails, couples have the option of subjecting themselves to voluntary arbitration, the award (ruling) of such arbitration will be final and binding. Most cases would hopefully be resolved at this point, since couples know that if they do not settle their disputes at this level, the matter may go to court. The Ulama have a unique opportunity to assert their rightful authority at this level if matters are handled professionally.  If labour disputes are used as an indicator most cases will be resolved at the mediation level.       

6    If a matter does go to court, will a non – Muslim pass judgement  on an Islamic issue?
Currently, if a matter goes to court, a non Muslim judge may preside over the hearing. He/she may is not bound by an Act that spells out the relevant Islamic Law. The judge may therefore issue a verdict base on common law or based on his or her own interpretation of Islamic Law. However, in the case of the MPL the Bill stipulates that a Muslim Judge or a Muslim advocate with a minimum legal experience of ten years must hear the case. The presiding Muslim judge is obliged to give a ruling in accordance with the provisions of the Muslim Marriages Act.

7    Is there not a possibility that the judge may issue a ruling according to his/her own interpretation of a particular clause in the Act, which may go against the consensus of the fuqahaa?
A unique aspect of the MPL is that it provides for two assessors who shall have specialised knowledge of Islamic law, to assist the judge in formulating his judgement. In the event that the presiding judge does not follow the recommendations of the assessors, such assessors shall state their views in writing which, in the event of an appeal, shall be lodged with the Supreme Court of Appeal. The Supreme Court of Appeal according to the ‘Bill” is further obliged to solicit the views of two Muslim Judicial bodies when hearing the appeal.
    
8    We know that the constitution of our country ultimately decides on all matters. Is it not better to leave matters as they are instead of exposing the shariah to constitutional challenge?
In the S African context the constitution undoubtedly reigns supreme.  Every citizen of this country is bound to conduct his affairs within the parameters set out by the constitution. There is no way that we can live in this country and still choose to live outside the bounds of law. The shariah is open to constitutional attack both in the presence and absence of formal legislation.  The fear that the shariah would be tampered with or diluted by virtue of constitutional court rulings exists even today.  Legislation or non -legislation of MPL will in no way alter or change this reality. However, in the case of the MPL, parties voluntarily choose to be regulated by the Act, thereby making any successful constitutional challenge against it very remote.  Section 15(3) of the constitution provides for the recognition of systems of personal law adhered to by persons professing a particular religion. The fact that the constitution allows you to choose a particular family law system implies that it does recognize the distinct ethos, character and values of that particular system. It will not at one and the same time allow you your own family law system, and then prescribe to you what that law should be.

9    Is the present draft Bill according to the laws of the shariah?
The Bill is made up of three different aspects. It outlines shar’ee laws, it deals with the administration of such laws and it spells out penalties in the case of breaching the laws. The Bill therefore contains both shar’ee aspects As well as purely administrative issues. Take the example of a person wishing to perform haj or umrah. He may only do so if he has a passport and a visa. These are administrative requirements that do have to be met before embarkinf on pilgrimage. In the like manner the prospective couple will have to fulfil certain legal requirements if they choose to register their marriage.  With regards to the legitimacy of setting out penalties in the case of default, such an imposition is an accepted and recognized axiom in Islamic Law.

10    We have been told that the MPL prevents a seventeen year old from making nikah. Is this correct?
The age of majority is eighteen in accordance with the law of the land. This does not mean that a seventeen year old cannot make nikah. He/she is absolutely free to make nikah. They cannot however register their nikah under the MPL until they are eighteen years old.  

11    Has the Bill not made it extremely difficult for a person to take a second wife?

Yes, the requirements set out for taking a second wife are difficult. We have objected to this provision several times but did not succeed to  effect an acceptable amendment. The initial position of some members on the project committee was to outlaw polygamy totally. After intense debate that such a prohibition is absolutely unislamic, they eventually agreed to polygamous marriage subject dictum of ‘adl’ (Having the ability to deal justly with more than one wife) as spelt out in the Bill.       

12    The Bill still has to go through various consultative stages. What if the final version of the Bill is substantially different from the current Bill?
We will review our position. If the Bill changes to the extent that we cannot identify with it we will withdraw our support for it.

Edited by Web Administrator

This piece is taken from the website of the Muslim Judicial Council South Africa.

See on-line at: http://www.mjc.org.za/index.php/muslim-personal-law/36-muslim-personal-law-frequently-asked-questions

Muslim Judicial Council South Africa – MJC’s Role in the Recognition of Muslim Marriages

March 25, 2010

The Muslim Judicial Council hereby notifies the Ulama and their respective constituency that the matter of the Muslim Personal Law is treated with utmost importance and earnestness and is discussed at all levels in the MJC structures. We hope to place in perspective the MJC’s involvement and commitment to the process in the legislation of the MPL for the past few months.
In view of the fact, that the matter of the MPL has national implication, the United Ulama Council of South Africa, (UUCSA) which serves as an umbrella organization, assumed the responsibility since 2004, to represent all its affiliated members including the MJC in the MPL issue. Hence, the submission to the project Committee 59 was done on behalf of UUCSA.

However, for a number of years, due to internal difference between the Muslim organizations on certain clauses in the Draft Bill, no progress was made in the legislation of the MPL causing the process to stall until there is sufficient consensus in the Muslim community.

Despite this stagnation in the process, the Muslim Judicial Council (SA) has consistently raised the matter of the Muslim Personal Law.
As a point of illustration we are bound to point out that, at the MJC Executive level, the Executive Committee decided to inform UUCSA that it hopes to start a process investigating the possibility of having the MPL introduced in the Provincial Legislation in the Western Cape, as an alternative to the stalled National process. The objective was to have the MPL introduced provincially with the purpose of moving toward national implementation. Reference to the UUCSA minutes “MPL- Placed on agenda on the request of MJC – The MJC Executive are looking at the possibility of driving the process at provincial level since efforts at national level have stalled” .(UUCSA minutes 30 October 2008).
Prior to this in mid – 2007 the MJC called upon Imam Gasan. Solomon, MP to provide the necessary information to what the current status quo was on the MPL. In this regard the MJC hosted an UUCSA meeting in Cape Town on the 08 September 2007, and requested that Imam G. Solomon to do a presentation at the meeting. Reference to the UUCSA minutes “MPL – Imaam Hassen Solomons was invited by the MJC to appraise the House on the status of the MPL. He gave a historical overview of the process and said that:
•    The Bill drafted by the Project Committee has been further ‘refined’
•    The Portfolio Committee will in the near future be calling for oral and written submissions  
•    The process was stalled for a period of time due to differences within the Muslim community
 Imaam Solomons stated that he was merely following up on the process at the request of the MJC”……. (UUCSA minutes 08 September 2007)
Furthermore, the Muslim Judicial Council leadership has consistently raised the matter of the Muslim Personal Law at meetings with the State Presidents, including Former President Mr. T. Mbeki.
    
At one such occasion, on Wednesday, November 19, 2008 the Muslim Judicial Council (SA) met President Kgalema Motlanthe and discussed various issues with the President, including the finalizing of the processes of Muslim Personal Law, since this matter was raised with government during Madiba’s tenure of Presidency, already.

President Kgalema Motlanthe promised to look into the matter and instantly instructed His Special Advisor, Mr Ebrahim Rasool to give his personal attention to it and to engage the relevant government structures to ensure progress on the matter. He assured that a meeting be set up with UUCSA.

Mr Ebrahim Rasool consulted the Minister of Justice and Constitutional Development, Minister Enver Surty, whereas a fresh look had been taken on the MPL and the Minister decided to engage the United Ulama of South Africa (UUCSA) and to tackle the MPL matter from a point of consensus. In other words, he reverted to the original MPL Document, and had a focus on Muslim Marriages, which became the Muslim Marraiges ACT (MMA)

We are pleased to announce that on the 19 March 2009, UUCSA met with the Minister of Justice, Mr. E. Surty to discuss to MPL issue with the religious leadership. Strategically the Minister also invited, Mr. E. Rasool and strategic people in the Justice Ministry, who have been involved in the MPL processes.
Minister E. Surty informed the Muslim leadership about his decision to take the MMA forward and to gave the good news that the Draft Bill of MMA will be submitted to the Cabinet, on the following Thursday, after which it would be place in the Government Gazette for public scrutiny. The public would be given a further opportunity to give input to the Draft Bill. Once this process is completed it will once again be brought back to the Cabinet for legislation.
He also indicated his willingness to undertake a road show and personally engage the Jamiat ul Ulama (KZN) and other parties who have an opposing view on the legislation of the Muslim Marriage Bill. (i.e. the MMA)

The meeting concluded in good faith with the undertaking that Minister E. Surty will make sure that the Draft Bill follows the necessary procedures, and that legislation is passed on the MMA. He commits himself to continue after the election in April and to provide his assistance to who so-ever is appointed as the next Minister of Justice.

The United Ulama Council of South Africa (UUCSA) committed them on a three prong approach, by engaging their respective constituencies, printing a pamphlet informing the community on the current situation pertaining to the concerns people may have, and also to engage the Women Legal Centre.

The process is ongoing and the MJC is committed to meet with all stake holders in the future to ensure that the maximum results are achieved in the interest of the Muslim community in South Africa.  

This piece is taken from the website of the Muslim Judicial Council South Africa.

See on-line at: http://www.mjc.org.za/index.php/muslim-personal-law/30-mjc-s-role-in-the-recognition-of-muslim-marriages

Muslim Judicial Council South Africa – About Us

March 25, 2010

In the name of Allah, Most Beneficent, Most Merciful

 

1.     Headquarters

 
The Muslim Judicial Council (S.A) has its headquarters at Darul Arqam, 20 Cashel Avenue, Athlone

 
Says Allah, Most High in the Holy Quran:

 

“O you who believe! Obey Allah and obey the Messenger Muhammad (Pbuh) and those of you [Muslims] who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and the Messenger, if you believe in Allah and in the Last Day. That is better and more suitable for final determination” (An Nisa: Q4: 59).

 

2.         Introduction

 
The Muslim Judicial Council (S.A) [MJC] is non-profit organization (NPO) or a faith-based organization (FBO), which was established in 1945. It is one of the oldest, most representative and most influential religious organizations in South Africa and enjoys local, national and international credibility.

 

Giving full credence to its vision of making the Muslim Judicial Council SA as

“A Home for All ‘Ulama” (Bay-tul-‘Ulama). The Muslim Judicial Council SA:

 

2.1       Strives to mobilize the potential material and human resources available to realize the ultimate religious and spiritual development of humankind.

2.2       Strives to establish and create the necessary infrastructure and sub-structures within an Islamic Ethos to realize its aims and objectives, as set out in its Constitution and contained in the Holy Quran and Sunnah.

2.3       Strives to protect and preserve the Din (Way of Life) of Islam in all its dimensions.

2.4       Strives to protect the Muslim identity and safeguard Muslims from religious, cultural, political and socio-economic exploitation, abuse, oppression and misrepresentation.

2.5       Strives to contribute positively in caring for and being concerned about the minority status of Muslims in this part of the world.

2.6       Strives to continuously protect and promote the pristine Islamic values and standards, especially the values and standards pertaining to marriage, families, children, women, the youth, the aged and the poor.

 

3.         Vision

 
To preserve and promote Islam as a practical, divine way of life, resulting in holistic approaches to all challenges and in all spheres of human activity. The Muslim Judicial Council (S.) is a “Home for All ‘Ulama” (Bay-tul-‘Ulama).

4.         Objectives        

 

4.1        To promote the value systems of Islam and to give guidance to the community, based on the Shari’ah of Islam in accordance with the Holy Quran, Sunnah, Ijmaa’ and Qiyaas, and with due reference to the Four Schools of Jurisprudence which are recognized by the Ahli Sunnah Wal Jama’ah.

 

4.2       To work for the fulfillment of the spiritual, educational, moral, cultural, political and economic needs and aspirations of the community.

 

4.3       To strive for unity of all Muslims.

 

4.4       To cooperate with all bodies and individuals or groups, without prejudice, provided the ethics and principles of the MJC will not be compromised.

 

4.5       To provide leadership, which will enhance stability, peace and harmony in the community.

 

5.          Identity

 

The Muslim Judicial Council (S.A) [MJC] is a Muslim Judiciary whose main functions relate to religious guidance, spiritual and moral rejuvenation, education, Fatawa (Religious Decrees), Da’wah (Islamic Outreach), Halaal Dietary Provisions and Certifier, marriage counseling services, socio-economic development and social cohesion. It is a Muslim Non-Governmental Organization (NGO) and a Faith-Based Organization (FBO), but essentially a Non-Profit Organization (NPO), in a country where Muslims are a minority group. The Muslim community comprises approximately 5% of the South African population of 47 million people. The organization adheres to the code of belief of the Ahli Sunnah Wal Jama’ah. It is the most representative and influential Muslim religious organization in the Western Cape, recognized locally, nationally and internationally for its religious, economic, socio-cultural, political, organizational and moral regeneration roles it plays in the Republic of South Africa and abroad.

 

6.     A Brief History

 

6.1   Founding Members of the MJC

 

As previously indicated, the MJC was established in Cape Town in 1945. Sixty-two (62) Founder members attended the MJC’s inaugural public meeting on the 10th February 1945 at the Cathedral Hall, Queen Victoria Road, Cape Town. Subsequently, an Executive Committee comprising nineteen (19) members was elected on the 17th February 1945. The Executive Committee comprised the following Sheikhs and Imams: Achmat Behardien, M. Shaakier Gamieldien, Igsaan Gamieldien, Abdullah Gamieldien, Ismail Edwards, Mogamat Salih (Abadie) Solomons, I. Moos, M. Tape Jassiem, M. Moos, M. Abbas Jassiem, I. Taliep, Abdullatief Parker (Imam Babu), Abdullah Behardien, Muawiyyah Sedick, Abdul Bassier, Sulayman Harris, Abduragman Salie, Armien Mustafa, Ariefdien Manuel. Br. Hashiem Edross was the General Secretary.

 

 

 

 

6.1.1   At the historical inaugural meeting a TEN-POINT PROGRAMME for the Muslim Judicial Council (S.A) was adopted, viz.:

 

6.1.2    To unite on the precept of the Holy Quran and to reinforce this unity by henceforth holding an Annual Conference of Muslim Religious Leaders.

 

6.1.3    To elect a Judicial Council from among the members to attend conferences, in which all religious matters could be referred for solution; such decisions of the Judicial Council shall be final and binding.

 

6.1.4    To elect a committee from among those serving on the Judicial Council or from those present at the Conference to investigate delinquency in all its forms and to make annual reports on the ways and means of counteracting same.

 

6.1.5    To register the so-formed Judicial Council in order to ensure its recognition by the Government.

 

6.1.6    To introduce a uniform and more methodical system of Islamic education in Muslim schools; members of the Judicial Council to supervise such education by, at least, annually inspecting the Muslim schools.

 

6.1.7    To support any movement, which aims at erecting a Muslim College where students will receive sound religious, as well as, a secular education.

 

6.1.8    To introduce an enlightened, methodical and uniform system of lectures.

 

6.1.9    To encourage and contribute towards the publishing of Islamic literature, such as literature to be approved by the Judicial Council.

 

6.1.10  To persuade the Government to recognize the abhorrence, which Muslims hold for exhumations and post-mortems.

 

6.1.11    To demand that the Government recognizes Muslim marriages as legal when performed in conformity with the laws of the Holy Quran.

 

 

6.2         Historically, the MJC has always represented the Muslim community and supported the struggle for liberation, but always retained its political independence, as an organization, by being politically non-party aligned. Many of its members were directly involved and participated in the struggle for liberation. Some of its members have served as Ministers and Members of Parliament (MP’s) in the government structures. One of its senior members, Sheikh Abdul Hamid Gabier, has served as the Ambassador to Saudi Arabia for the period 2003 to 2006. Noteworthy, is that the late Imam Abdullah Haroun who was killed in prison was also a prominent member and chairperson of the MJC. The legacy of the late Sheikh M. Nazeem Mohamed, a former president of the MJC, is well documented in the history of the MJC and in the hearts of the S.A rainbow nation. He was also a personal friend of Madiba Nelson Mandela, the first “black” President of South Africa. For more than 350 years members of the Muslim community were active participants in shaping a unique heritage and culture, especially in the Western Cape Province.

 

 

Out of an estimated 2.3 million Muslims throughout South Africa, about one million Muslims live in the Western Cape. Cape Muslims have been and continue to be an integral component of the socio-economic and political development and infrastructure of the City of Cape Town. Remarkably, the Muslim community’s limited infrastructure and [financial] resources were acquired through many decades of self-sacrifice and hard work. To-date, the Muslim Judicial Council (S.A) and more than 97% of the Masajid (Mosques) and Madrasas (afternoon Muslim Schools) throughout the country, especially the Western Cape have not received any International/Foreign Funding for developing and maintaining their respective infrastructures.

 

7.       MJC’s Premises

 

The Muslim Judicial Council (S.A) has its headquarters at Darul Arqam, 20 Cashel Avenue, Athlone, Cape Town. These premises, formerly an African church, were legally acquired in the 1970’s and officially occupied in 1984. Prior to this, the first official premises for meeting and other purposes were the Nurul Islam Mosque, Buitengracht Street, Cape Town, then the Rahmaniyah Primary School in District Six, thereafter the Azzavia Mosque in Walmer Estate, Cape Town and at the Muir Street Mosque, District Six. Thereafter, meetings were held at the MJC’s offices at Amelia House (currently known as Wembley House), Belgravia Road, Athlone. Some of the senior MJC members fondly told us:

 

“Minutes were kept in the boot of the Secretary’s car. We used to have meetings in the basement of the Masjid and there was no money for stationery or even to provide tea for the members attending the meetings.”

 

7.1       Inter-Organizational Relations

 

7.1.2     The current President [2008] of the Muslim Judicial Council (S.A), Maulana Ighsaan Hendricks, serves as the MJC’s official representative on the United ‘Ulama Council of South Africa (UUCSA). He is also the national President of the South African Haj and Umrah Council (SAHUC). The former President of the MJC, Sheikh Ebrahim Gabriels, currently serves as president of UUCSA. UUCSA represents all the mainstream Islamic organizations nationally; a forum which represents national unity for Muslim organizations and which debates and gives directives on religious issues and otherwise, concerning the national interests of Muslims.

 

7.1.3      The President of the Muslim Judicial Council (S.A) also represents the MJC on various International Forums, such as being an Executive member on the AL QUDS FOUNDATION INTERNATIONAL, and a member of the INTERNATIONAL UNION OF MUSLIM SCHOLARS, established in 2004 and spearheaded by the Internationally renowned ‘Alim (Learned Scholar), Sheikh Yusuf Al Qaradawi, who is currently based in Qatr.

 

7.1.4      The Muslim Judicial Council (S.A) is also one of the founding members of the National Religious Leaders Forum (NRLF), duly established by the former President, Nelson Mandela, and which serves as a constituted forum for dialogue between government and the religious fraternity. The NRLF meets regularly with the President of our country, the Honorable Thabo Mbeki.

 

7.1.5       The Muslim Judicial Council (S.A) is furthermore actively involved in

various interfaith initiatives, like the NRASD (the National Religious Association for Social Development) and the Interfaith Commission on Crime and Violence in the Western Cape, spearheaded by Archbishop Ndungane, the Archbishop of Cape Town. The MJC has also joined hands with a very recent establishment, known as the Western Cape Religious Leaders Forum (WCRLF).

 

7.1.6       In addition to the aforesaid, the Muslim Judicial Council (S.A) has strong collaborative relationships and networking with various political initiatives or structures in the Western Cape and Nationally, whilst retaining its religious autonomy and being politically non-party aligned. The MJC has developed similar collaborative relationships and networking with various FBO’s and NGO’s through interfaith initiatives and relations, which are currently bedrock in the Western Cape.

 

To this end, the MJC fully supports the processes of peace, reconciliation, nation building, social capital, social development and social cohesion. The MJC believes that religion should play a pivotal role in South African society and endeavors to propagate Islamic values as a meaningful contribution towards nation-building and building a morally conscious and a spiritually rejuvenated society.

 

7.1.7  The MJC advocates and promotes proactively cooperation and dialogue with the ANC-led government and other Faith Based Organizations (FBO’s) concerning matters in the general and best interests of society.

 

7.1.8     The MJC, furthermore, serves primarily the Muslim community (+one million Muslims in the Western Cape) through a network of Masaajid. There are currently 160 Masaajid throughout the Western Cape. This provides the MJC with an enabling environment in its quest to address nation-building, social cohesion, social development, and the encouragement of social capital initiatives through processes of moral and spiritual regeneration; socio-economic development; cultural and educational upliftment of our rainbow nation.

 

7.1.9   The MJC is committed to the preservation of Islam, and to the development of Muslims in South Africa to become “Proudly South African”, whilst retaining their pristine Islamic identity. The MJC strives continuously to highlight Islam’s call for cooperation, sharing, caring, peace, equity and striving for excellence; and for the rejection of decadence, immorality, violence, corruption, unfairness, discrimination, racism, Xenophobia, bigotry, injustice, fanaticism, etc. thus lending credence to the Prophetic Teaching: Religion is Sound Advice.

 

7.1.10   Moreover, the MJC strives to remain committed and influential in its quest to assist in the alleviation and possible eradication of many horrendous consequences of contemporary socio-economic, ethnic and cultural problems, immoral and anti-social behaviour, and social ills, viz.: poverty, HIV/AIDS, unemployment, child and women abuse, prostitution, gambling, drug and alcohol abuse, crime, etc. In order to address these issues/problems constructively, the MJC has established various departments.

Two of these departments are the Department of Muslim Personal Law Services, better known as the Social Welfare Department and the MJC Halaal Trust, which caters for the dietary needs of the Muslims. As a mobilizing vehicle to address the social ills and sins, thus striving to create an “exemplary society”, the MJC has launched in 2006 the “40-Day Campaign”.

 

8.       Organizational Aims

 

8.1     To promote the value systems of Islam and give guidance to the community, based on the Shari’ah of Islam in accordance with the Holy Quran, Sunnah, Ijmaa’ (Legal Consensus) and Qiyaas (Analogical Deductions), and with due reference to the Four Sunni Schools of Islamic Jurisprudence, which are recognized by the Ahli Sunnah Wal Jama’ah.

8.2     To preserve and strengthen Islam through education and exhortation toward personal and spiritual development.

8.3     To promote the ideal of unity amongst all Muslims, specifically targeting the leadership amongst Muslims.

8.4     To encourage and work towards the diverse skills-development and leadership programmes for community enhancement and empowerment.

8.5     To provide religious guidance and consultation on socio-moral, cultural and economic issues, which affect Muslims and non-Muslims.

 

9.       Operational Methods

 

9.1    To supervise the administration and execute functions relating to the provision of essential services and religious affairs of the Muslim community in conjunction with various organizations and in accordance with the Quran and Sunnah based on the Four Sunni Schools of Islamic Jurisprudence.

 

9.2    To work in co-operation with other FBO’s, NGO’s, NPO’s and other organizations and/or groups of individuals with similar objectives, for the general upliftment of the community.

 

9.3    To establish and maintain links and working relationships (i.e. networking) with Muslim and Non-Muslim organizations, and institutions locally nationally and internationally, whilst retaining its Islamic Ethos.

 

9.4    To develop a business arm, based on Islamic Principles, Ethics and standards, for the purposes of self-sustainability and to sustain other projects and initiatives with similar objectives, which are also poised at development and growing the economy of the country.

 

10.     Membership

 

The membership of the Muslim Judicial Council (S.A) comprises of ‘Ulama (Theologians) and A’immah (Religious Leaders) of Mosques and Muslim organizations/institutions. Associate membership is extended to individuals, experts and institutions whom the MJC identifies as being able to contribute to its mission and objectives.

 

 

 

11.     Operating Structures

 

The MJC consists of three organs of administration to ensure organized execution of the general and departmental/project functions and duties of the organization, viz.:

 

11.1        The Imarah.

 

The Imarah comprises the most senior members of the MJC and serves as the conscience and custodians of the MJC, as well as, the Appeal Board of the Arbitration Committee. The President and his two Deputies also serve on the Imarah.

 

11.2      The Executive Committee.

 

The Executive Committee consists of the President, the two Deputy Presidents, the Treasurer, the Secretary-General, the Administrator, and five elected members. The EXCO is responsible for the general administration of the MJC and the implementation of decisions made at the General Majlis.

 

11.3         The Majlis.

 

It is the General Assembly of the MJC, which consists of all its members as stated under Membership. The membership is comprised of religious leaders and associated members, as determined by the Executive Committee.

This piece is taken from the website of the Muslim Judicial Council South Africa.

See on-line at: http://www.mjc.org.za/index.php/aboutus


Follow

Get every new post delivered to your Inbox.

Join 32 other followers