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DISCRIMINATORY It is difficult to understand how the secular authorities will ever accept proposals which run contrary to their constitution. The ‘draft bill’ presented by the Project Committee violates not only the Shariah, but is in conflict with the constitution of the country as well. The constitution allows freedom of religion, opinion, thought and idea. The ideas of a particular group or sect cannot be imposed on others. This would be discriminatory and unconstitutional. If by some wild stretch of imagination, the ‘draft bill’ is accepted as law, then too, we cannot see how the fabricated ‘shariah’ can ever be imposed on unwilling citizens of the country. The majority of Muslims does not belong to the sect which the Project Committee represents. We do not subscribe to the concepts and religious ideas of the Project Committee. If the proposals of the Project Committee are made law, these cannot be imposed on Christians, Jews, Hindus, Bahais, Qadianis, etc. If then the state attempts to impose it on us -the Ahlus Sunnah Wal Jama’ah— it will be an act of discrimination and injustice. It will be unconstitutional and will be challenged in the Constitutional Court and be struck down. CITIZENS In terms of the secular constitution we are citizens of South Africa in the same category as non-Muslims are.. Therefore, the government has no constititutional right of discriminating against us by imposing on us such baatil and unwanted concepts and measures proposed by an errant fringe group claiming to represent us. We are of the opinion that this whole MPL exercise is a lot of hot air to keep some chaps busy in nonsense. But at the same time we need to be diligent because in this insane and immoral world of today, nonsense is also viewed as sense while sense is viewed as nonsense. We therefore should oppose the MPL measure and voice our concern and objections. Muslims - individuals as well as organisations - should write their objections to the S.A.Law Commission. The address is: The Secretary, WHAT IS NEEDED While we do not need MPL, there is a need for some amendments to the existing secular laws. Certain laws need to be examined. If difficulties exist in the implementation of the Shariah’s laws in view of a conflict with certain secular laws, the Muslim community should make representations for amendments to be enacted. For example, one difficulty develops when a Muslim dies intestate, i.e. he dies without leaving an Islamic Will. In this instance, his estate will not be distributed in accordance with the Shariah. The law needs to be amended in this regard in order to accomodate Muslims and to allow them to derive the maximum benefit of the principle of freedom of religion enshrined in the constitution of the country. Such amendments can be effected within the parameters of the secular constitution. For gaining such amendments, MPL is not needed. In fact, MPL complicates the issues and denies the free operation of the Shariah in almost every law related to marriage,divorce and custody The authorities —the Law Commission and the government —should also be told that the Project Committee does not represent the Muslim community and the measures proposed by this Committee are not in conformity with Allah’s Shariah. KAAFIROON We have to remind the Project Committe that Allah Ta’ala says in His glorious Qur’aan: “Those who do not decide according to what Allah has revealed, verily, they are the kaafiroon.” We trust that the message is loud and clear.
RISAALAT — A CONDITION FOR SALVATION Allah Ta’ala commands in the Qur’aan Majeed: “Say (O Muhammad!) O mankind! Verily I am the Rasool (Messenger) of Allah to you all. (Allah) is He unto Whom belongs the sovereignty of the heavens and the earth. There is no god but He Who gives life and death. THerefore believe in Allah and His Rasool, the Ummi Nabi who believes in Allah and His Law. And (all of you) follow him (the Rasool) so that you achieve guidance.” (Surah A’raaf, Aayat 158) In a number of Qur’aanic verses Allah Ta’ala stipulates the condition of Risaalat for the validity of Imaan and Najaat (Salvation in the Aakhirah.) Without valid Imaan there is no Najaat in the Aakhirah. Belief in the Risaalat (Prophethood) of Muhammadur Rasulullah (sallallahu alayhi wasallam) is imperative for the validity of Imaan. THREE GROUPS There are three groups of people who deny the Risaalat of Rasulullah (sallallahu alayhi wasallam). (1) The one group consists of the kuffaar in general. (2) The second group consists the Zindeeqs or those who were at one stage Muslims and continue to proclaim themselves Muslims. They are generally in the ranks of the modernists. While they profess belief in |