The Majlis Archive

MPL The Majlis Vol 21 No 05, p.1

I have heard that the proposed Muslim Marriages Bill will be presented to parliament in September this year.

Question

I have heard that the proposed Muslim Marriages Bill will be presented to parliament in September this year. Should it be enacted into law, how will it affect the Muslim community?

Answer

The Department of Constitutional Development has announced that the Kufr so-called 'Muslim" Marriages Bill will be processed by September 2012. Those Muslims who, due to ignorance or to entrapment by the devious MMB mob or due to extremely slack ties with the Deen will be, in terms of the Shariah, adversely affected by the Kufr bill, if enacted into law, in exactly the same way as the current matrimonial laws. For example those who opt for the present community of property regime, will be encumbered with this kufr yoke which prevents them from regulating their marital and inheritance affairs in accordance with the Shariah. Those who remain aloof from these laws are not affected in any way whatsoever. They remain free – unfettered by the kufr law – to arrange and dispose of their affairs according to the Shariah.

Should the ANC on the basis of its majority, ram the Kufr bill into law, there are some options available to the Muslim community. An application will most probably be made firstly to the High Court to declare the new law unconstitutional. If the High Court does not grant this relief, the next step will be the Constitutional Court. If the Constitutional Court too upholds the validity of the Kufr legislation, it will still not affect Muslims who are conscience of the Deen. Only hybrid 'Muslims' who are at home with Kufr will be affected, and that too if they opt for it.

Even if the Kufr MMB becomes law, there is no law to compel Muslims to adopt it in the same way as there is no law which obliges Muslims to encumber themselves with any of the matrimonial property regimes available under law. As far as those members of the Muslim community are concerned who steer clear of the Kufr law, MMB will remain scrap even if legislated.

In the event of the Kufr MMB becoming law, the Ulama will have to embark on a massive educational campaign to educate Muslims of the Kufr of the law and to explain to them the Wujoob (incumbency) of steering clear of the Kufr rubbish which will be fraudulently billed as 'Muslim' law when in reality it will be Kufr law. The supporters of the Kufr bill are guilty of a huge fraud by using the term 'Muslim' to advertise the Kufr MMB as an Islamic proposal. By deception they ensnare ignorant and unwary Muslims into the tentacles of Kufr.

It is Waajib for all Muslims to keep uppermost in their minds that there is only the Shariah to regulate their affairs – not only marital issues. They have to incumbently seek rulings from the Ulama in all domains of their life. Submission to the Kufr of MMB is in diametric contradiction of the following Qur'aanic verse, as well as in conflict with many other aayaat and ahaadith:

"Then We have established you on a Shariah with regard to affairs. Therefore, follow it (the Divine Shariah), and do not follow the vain desires of those who know not." (Jaathiyah, aayat 18)

The votaries of the Kufr MMB come within the scope of this Qur'aanic prohibition. They are without brains, and their jahaalat (ignorance) and Imaani deficiency constrain them to promote the Kufr

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