Islam encourages Muslims to decide on matters relating to their affairs through consultation with one another. The concept of Shura is viewed as a praiseworthy activity which plays a big role in the managing of the affairs of mosques, organisations, and institutions.
The Al Jama-ah Party made history when it won a seat in Parliament in the 2019 national elections; it did so with the support of many Muslim votes. The party’s 2019 Election Manifesto mandate from its Muslim constituency was to fight for the recognition of Muslim marriages. Al Jama-ah’s leader and Member of Parliament Hon Mogamad Ganief Ebrahim submitted a Private Members Bill (PMB) on the Registration of Muslim Marriages (RMMB) as well as amendments to the respective Maintenance Act and the Divorce Act 1997.
This was done after the party consulted widely; it met various organisations and groups throughout the country. In fact, prior to writing the PMB, it held a seminar with several women who were resident at IHATA, a shelter for abused women. These women gave testimonies to the abuse they suffered: domestic violence; Gender-Based Violence; economic-suffering, psychological-torture, and financial abuse from their husbands.
This sad reality gave Hon Hendricks the necessary armoury to submit his PMB with the hope to stop the suffering and abuse of Muslim women; spouses who were denied the right to access the Divorce Court because the Nikah marriage was not recognised by the democratically elected government.
Despite many ulama bodies and Muslim institutions reluctant or not willing to support the efforts of Hon Hendricks, this did not stop the party from giving effect to Shura and the role that it plays as a mechanism within the Muslim community, theological bodies, and social institutions. The party embarked on vigorous campaigns to lobby for support from theological bodies, social institutions, Muslim communities, and professionals to give comments and input on the bill.
Certain political parties were also lobbied for support, especially those who represent constituencies’ whose marriages are also not recognised as in the case of Hindus and African traditional marriages. The calls for public participation took place in various forms:
- Delivering a pre-khutbah (sermons) on the bills;
- Questions and Answer questions;
- Information Sessions;
- Through media interviews;
- Presentations to theological bodies and others;
- Small group discussions; and
- Al Jama-ah Times reports
In Tshwane Atteridgeville about 200 Muslim women gathered to attend a Master Class on Muslim Personal Law that was organized by Al Jama-ah Party. At the meeting, Hon. Ganief Hendricks, who was accompanied by senior party representatives, namely the Secretary General, Mr Faried Achmat, and MPL Western Cape representative, Maulana Khalil Brinkhuis; both engaged with those who attended.
Apart from Hon. Hendricks having made his inputs on the drafted Bill’s, he was supported by the party’s senior Researcher, Prof. Muhammed Haron; the latter presented a Master Class on the Bill’s as part of the MPL project.
Besides having benefited from the presentations, the women showed their interest to join the party with the purpose of taking up issues that affect them and others. In addition, they demonstrated their willingness to publicize the party’s sterling work. Towards the close on the day-long event, the party solicited their views on related matters such as domestic violence; and these, they eagerly shared knowing that the party would take their matters to Parliament. These ladies were spoiled with lunch as well as branded Al Jama-ah neck scarves and goodie bags.
There is no doubt that the process of Shura brought about some unity between Al Jama-ah and theological bodies and community organizations; it, of course, created more public awareness about the party and its willingness to work with the community across the country.
We encourage public participation: Please send your comments on [email protected] or visit our Website https://www.aljama.co.za/ to view the Registration of Muslim Marriages Bill.
