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Posted by: TheMajlis
AN ATTEMPT TO INTRODUCE A NEW SHARIAH
Rasulullah (sallallahu alayhi wasallam) said:
"Islam began in a forlorn state.Soon will it return to that forlorn state as it had begun. Therefore give glad tidings (of success and Jannat) to the Ghuraba (the forlorn upholders of the Deen)."
Today Islam is beleagured. It is surrounded on all sides by inimical forces and enemies. The shayaateen with their myriad of helpers are poised to extinguish Islam. But, Allah Ta'ala gives the assurance in the Qur'aan Majeed that they will never succeed in their conspiracies to obiliterate Islam.
FROM WITHIN
While a variety of shaitaani and kuffaar forces have surrounded Islam, the worst and the most dangerous foes are those who operate from within camouflaged as sympathisers, well-wishers and reformers of the Deen and the Ummah. In this segment of enemies from within falls the group known as Channel Shaitaan.
One group of molvis operating under the subterfuge of disseminating Islam via the medium of its satanic radio is working at the seams in the bid to ruin the Imaan and Akhlaaq of Muslims. Another group is operating in a subtler and more dangerous way. This group under the subterfuge of the misnomer `Muslim" Personal Law is striking at the very roots of the Shariah. It has come up with a blueprint to dismantle the Inviolable Shariah which is structured on the Qur'aan and Sunnah.
CHANGE
This group of molvis with their Zindeeq modernist assistants have assumed the role of the Ulama of Bani Israaeel. They have interpolated the Qur'aanic laws seeking to bring about drastic change in the Shariah. Their manner is subtle and devious. Laymen have been induced to believe that their endeavour is to get the Shariah introduced as Law in this non-Muslim secular state. Only people who lack entirely in understanding and who are grossly ignorant of Islam are liable to swallow the concoctions of this group of Shariah-batterers.
SPECIAL EDITION
In a Special Edition, The Majlis has explained in detail the danger which the confounded "Muslim" Personal Law measure poses for the Shariah and the Muslim community. Those who have not received the Special Edition, may write to The Majlis for a copy. Send stamps to the value R3 to cover postage.
PROJECT COMMITTEE
A committee dubbed, the Project Committee, has been formed by the South African Law Commission at the request of the handful of persons who are eager for a new-shape shariah. This committee has presented a paper which they call a `draft bill' (sic) to the Law Commission. The draft bill is cluttered with un-Islamic and anti-Islamic proposals which the Project Committees prays would become law to be shoved down the throats of Muslims.
Almost every proposal in the miserable paper called `draft bill' is an attempt to change laws of the Qur'aan and Sunnah. The Shariah is being undermined in a subtle way by Muslims who profess to have the interests of the community and the Deen at heart. Either they are collaborators with the enemies of the Deen or too dense in the mind to understand and see whither they are drifting.
INTERPOLATIONS
The following are some of the changes which the committee has proposed be effected to the Shariah:
* That nikah be permitted only when adults have reached the age of 18 years whereas ac-cording to the Shariah, baaligh (adult) persons are free to marry of their own accord. The age of buloogh (adulthood) in Islam is 15, not 18.
* In exceptional cases if under 18 year olds want to enter into nikah, they will require the express persmission of the non-Muslim Minister of Home Affairs. While under 18 year old
adults are free to strike up illicit relationships and fornicate, they are not allowed to enter into the sacred bond of Nikah.
* A man may not marry a second wife without the consent of the non-Muslim Minister or the kaafir court. Yet this same man may enter into a limitless num-ber of illicit and adulterous relationships.
* If a man marries a second wife, he commits a grave offence and is liable for a fine of R50,000 or a long term of imprisonment. But there is no fine or imprison-ment if he commits adultery or flirts around with dozens of women and destroys his time, money and life of this world and the hereafter in brothels.
*If a husband does not register the Talaaq he has issued, he is liable for a fine of R50,000 or imprisonment of a long term.
* The father's right of custody of his children is completely can-celled.
*The ex-wife can claim for main-tenance far in excess and for extremely long periods which the Shariah does not allow.
* The kuffaar court is entitled to distribute the estate of a man in terms of kuffaar law. It may award half of a man's estate to the divorced wife.
* During the subsistence of a Nikah, a man may not enter into another nikah.
*The non-Muslim Home Minister is given the power to override the authority of the Wali of a minor. This is such a serious breach of the Shariah , which leads to zina because according to the Shaafi Math-hab, the consent of the Wali is imperative for the nikah. Without such consent the nikah of a virgin is not valid. Yet in terms of the Project Committee's proposal, the `nikah' will be valid if the non-Muslim Home Minister con-sents.
* A nikah entered into by adults of under 18, can be declared null and void by the non-Muslim Home Minister, while according to the Shariah this is never permissible nor does such
a minister have any jurisdiction over Muslim Deeni affairs.
*Nikahs which have been per- formed even long ago have to be registered with the government within 12 months of the proposed haraam act becoming law. But the Shariah does not
require such registration.
stand well that MPL is not the Shariah. It is a new and a stupid concept at variance and in conflict with the Shariah of the Qur'aan. Muslims are not in need of it.
DIVINE SHARIAH
By sumbitting to the MPL measures, Muslims will be abandoning the divine Shariah and adopting a baatil system which the Project Committee is attempting to sell to us under Deeni guise. Should the confounded proposals of the Project Committee ever become law and forced onto the Muslim community, our freedom of religion which the secular Constitution of the country guarantees will be eroded, in fact, denied.
CONSTITUTION
The secular constitution permits freedom of religion. Although the constitution is secular and man-made, it contains ample scope for Muslims to manouvre themselves in ways to enable them to regulate their personal lives according to the pure Shariah of the Qur'aan. Hence, to this day Muslims are free to perform nikahs, issue talaaqs, distribute their estates, etc. in accordance with Allah's Shariah.
It is understandable and acceptable that we cannot expect 100% operation of the Shariah in a non-Muslim country. In fact, we have greater freedom of religion in this country than what Muslims have in most Muslim countries governed by munaafiqeen rulers. But, there is more freedom to practise Islam under the secular constitution than under the proposed new "shariah" of the Project Committee.
CONCERNED MUSLIMS
If a Muslim is concerned with the Deen and has some fear for Allah Ta'ala, he has adequate room for regulating his life in accordance with the Shariah in this country notwithstanding its secular and baatil constitution. The country's secular constitution safeguards our Shar'i rights to a large degree while the proposals of the Project Committee —its new "shariah"—denies our Shar'i rights.
According to the secular constitution, Muslims are:
* Free to enter into Islamic marriages without the need of state permission and interference.
* Free to marry second, third and fourth wives.
* Free to marry at any age. Under 18 year olds do not require state permission or court permission for Nikahs.
* Free to administer Talaaq according to the Shariah without the need to register the talaaqs and without any state interference.
* Free to draw up Islamic Wills and arrange for the Islamic distribution of their estates. The secular courts will ensure that the estate of a Muslim who leaves behind an Islamic Will, be distributed according to the Shariah. The secular authorities will enlist the assistance of the Ulama in such matters of the Shariah.
* Free to annul marriages of recalcitrant husbands in accordance with the Shariah without any state interference. Such annulment will have practical consequences in that the man will not be able to impose himself on his ex-wife. She will be able to enlist the aid of the police and secular court to protect her against the man from who she has been separated by a decree of the Ulama Committee.
This freedom which the secular constitution allows Muslims will be eroded and cancelled if ever the stupid draft bill of the Project Committee becomes law. Muslims should therefore be diligent and not blindly accept what the Project Committee is peddling under garb of the Shariah.
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