AS we mark the final days of the ‘Id-al-Adha (a day of sacrifice); a day which enjoys special meaning because it symbolizes ‘sacrifice’ in the full sense of the word. It marks the climax of the Muslim pilgrimage known as Hajj. For Muslims it is the fifth pillar of Islam that tangibly binds the three Abrahamic religious traditions. Because of its socio-spiritual significance, it is an obligatory act for all Muslims (male and female); only those are physically and financially able should perform this sacred ritual, at least, once in their lifetime.
Considering the fact that this pilgrimage is reaching its climax on the day of ‘Arafat, we ask the questions: What have we – as a Party – accomplish legally? How have we have fared politically? And in which way have we contributed to our nation socially? In responding to these, we – as proudly South African political Party – can say that we managed to socially ring-fence more than sixty villages across the country where we hope to make demonstrable changes through setting up small agricultural industries.
Politically, the Party has punched above its weight with the appointment of two of its counsellors – the one succeeding the other – as the City of Johannesburg’s Executive Mayor. And on the legal front, the Party’s hard work paid off. It set in motion the Private Members Bill (PMB) with the sole intention of returning the dignity to all our country’s women folk.
While it succeeded to amend the respective Maintenance and Divorce Acts, it also pushed the government to give due recognition to the Muslim marriage institution. Honourable MP, Mogamat Ganief Hendricks with his team made sure that government acknowledged the need to address these matters; and we thankful that they did. So, the Party did this not only for the Muslim community but for our nation.
But it should be recalled that while the Party was busy on different fronts, it has on its mind the 2024 national elections. It wanted to prove to the nation that it can undertake tasks and deliver them; it can channel its energies to serve all communities; and it can dedicate its times to address critical issues that affects all.
Factoring in these developments and looking ahead to 2024, AL JAMA-AH’s CEO Prof Muhammed Haron has released the Party’s election promise; one that specifically appeals to Muslims (along with others) to come out in their numbers on the day of the national elections in July 2024 to cast their vote for the Party; a Party that is here as a committed political stakeholder that wished to help the government to take the socio-political turn.
This year our Party celebrated its 16th birthday; a celebration that followed challenging issues and arduous years to gain a seat in the National Parliament, the highest tier of government. The Party made history when it became the first Muslim political party to secure its seat in Parliament during 2019. This achievement by its leader Hon Hendricks is tangible testimony of his sacrifices; for he had complete trust in the Almighty for having granted him the stamina and courage to persevere despite many odds that were stacked against him.
So, when he got the parliamentary seat on Muslim votes, it was indeed a highpoint; it was an achievement not only for Al Jama-ah but it was also the case for the Muslim community. Now even though many Muslim theological bodies and organizations do not wish to openly demonstrate their support and interest in the Party’s manifesto and activities, it too was a victory for them.
Thus far Hon Hendricks’ first term in Parliament demonstrated that he did not only set himself several major goals but he made certain that he accomplishes many of them as he adjusted to his position as MP; and, indeed, he did! At this point in time, the Party may rightfully boast that he delivered much more than that of other political parties that served more than one term.
On the question of achievement, allow one to return to the PMB that he generated as an example of his dedication to bringing about changes on the legal front. Since 2019, he steered the Party along a challenging course. He helped to realise the 2019 Election Manifesto mandate from its Muslim constituency to fight for the Muslim marriage’s (that is, the Nikah) recognition; a social institution that was performed in accordance with the rules of Shari’ah. Historically, the nikah was not given any form of recognition by the successive colonial, apartheid, and democratic governments. Each of them denied the Muslims their rights even though the Muslims – as a religious minority – formed an integral part of these societies over the centuries.
Their discriminatory policies caused much suffering for the Muslim women and their children; the battery of legislation that each of these governmental systems enacted literally and figuratively deprived them of their fundamental rights; this was either in respect of the estate of the late spouse or in the case where the annulment of the marriage (divorce: talaq) could not be proved. The negative outcome of these resulted in the women including their children to be destitute, homeless, and penniless.
Setting these aside and as the Party faces the future, its leadership is of the belief that should more Muslims vote for it in the 2024 national elections, then it has the potential to increase its representation in Parliament by more than one seat. But despite only having one seat in Parliament at present, Hon Hendricks has been a champion on various fronts in Parliament.
He, for example, showed a keen interest in small business development projects to get our deprived communities out of poverty and joblessness; he thus touched base with village communities to bring about the necessary transformation in the rural areas. And another example where he has made an impact as the Party’s leader is in the socio-legal sector; herein, he championed the cause of the country’s women. He has, in fact, vociferously argued for women’s rights and for the socio-economic rights of all communities.
Being the Party’s only MP, he realized the power he had in Parliament and the opportunities that came his way to make changes. Since the PMB (in this case, the Muslim Marriage Bill) opened up legal pathways, he sought the support and assistance of different groups. He reached out to designated advocates from Parliament’s Legislative Drafting Team, the financial support from the Speaker of Parliament and Al Jama-ah’s legal research team headed by Advocate Yusuf Khan Dalwai, the Party’s National Working Committee and its National Executive Committee; together all of them contributed to the Party’s ability to effect change; their collective sacrifices turned into a victory for the Muslim community in particular and the nation as a whole.
It fortuitously happened that during this sacred month of pilgrimage, the Minister in The Presidency Khumbudzo Ntshavheni announced on the 21st of June 2023 that Cabinet approved Al Jama-ah’s four amendments to the Divorce Act of 1997. The first amendment spelt out the definition of Shariah: “A marriage concluded in accordance with Islamic Law, that is, Shariah, which regulates all public and private behaviour as derived from traditional customs (Al-Urf), the two primary sources, namely, the Quran and Sunnah (Prophetic model) and that uses juristic tools such as ijma (the consensus) of Muslim Jurists and the individual jurist’s qiyas (analogical deductions) to issue legal edicts.” The approval of Al Jama-ah’s amendments to the Divorce Act of 1997 is a socio-legal game changer to say the least.
Hon Hendricks who is committed citizen has always laid stress on the relevance and importance of Shariah that complements in many ways the country’s Constitution; the reason for this is that Shari’ah, like the Constitution, puts great emphasis on Freedom, Justice, and Rights. And with this in mind, Hon. Hendricks and Al Jama-ah want to ensure that the Muslim women in particular and the nation’s women in general are given their dignity to righting the legal wrongs. Worded differently, using the legal channels to show them respect and to return them their rights!
AL JAMA-AH WISHES ALL MUSLIMS ‘ID-AL-ADHA MUBARAK!