2 Madinah   Al Rawdah  1

Weekly Jamiat JHB message

Weekly Comment
Jamiatul Ulama South Africa Meeting on MMB: Communiqué
The Jamiatul Ulama South Africa convened a meeting of members on Sunday 20 February 2011 at their Baitul Hamd office premises in Fordsburg. 

The urgently organized meeting was attended by over 80 members who discussed issues around the debate on the Muslim Marriages Bill (MMB).

At the meeting, the Ulama body emphasized that it chose the route of engagement with government in order to effect necessary changes to the draft Muslim Marriages Bill in order for it to comply with fundamental issues of Shariah.

Moulana Yusuf Patel, who is also the Secretary General of the United Ulama Council of South Africa (UUCSA) informed the meeting that the policy stance taken by the umbrella body to which the Jamiatul Ulama South Africa is party was that the Muslim Marriages Bill, in its present form, fell short of expectations.

However, he emphasized that the worldwide trends where multiculturalism is no longer to be accommodated, the South African Muslim community would be losing a window of opportunity if they do not engage the government to adjust the Bill so as to comply with Shariah before it is amended.

Moulana Patel articulated the view that in the absence of the Bill, the various cases of Muslim marriages brought before the courts would continue to be ruled according to civil marriage laws. The danger in that, he pointed out, was that precedents set in the rulings would by default become the law that would govern Islamic marriages, compromising Shariah in matters such as, dissolution of marriages, custody, maintenance and inheritance.

Meanwhile, the Jamiatul Ulama South Africa has had rounds of consultations with Ulama as well as members of the legal fraternity in order to come up with a submission to the Department of Justice and Constitutional Development addressing the issues that have been seen to be problematic in the draft Bill.
According to a statement issued by the Jamiatul Ulama South Africa, the Ulama body will remain committed to the process of engagement with government for as long as the proposed changes that brings the bill in line with Shariah are adopted. In the event that changes in the Bill will not be satisfactory, the Ulama body “will accordingly inform the Muslim public.”

The meeting agreed that members will continue to familiarize the Muslim public on the motivation behind the stance adopted by UUCSA regarding the Bill.

Attached [Used the links] is the Jamiatul Ulama South Africa’s public statement as well as a booklet entitled “Muslim Marriages Bill: Frequently Asked Questions Answered” prepared UUCSA in order to give perspective to some of the issues around the Muslim Marriages Bill.

UUCSA is an umbrella body of Muslim theological formations in the country and Jamiatul Ulama South Africa is a founding member. Six out of the seven member bodies have supported the position adopted by the Jamiatul Ulama South Africa.

C O N T E N T S
Summarised Jumuah Bayaan
Question and Answer
Update
Message from the Ameer
I N F O R M A T I O N
Min. Mahr R 242.80
Mahr Faatimi R 12,139.76
Zakaat Nisaab R 4,855.91
Words of Wisdom
Hadith of the Week
Kindness
.
Usamah bin Zaid Radhiallahu anhu reported: The Messenger of Allah Sallallahu ‘alayhi wasallam said, “A man will be brought on the day of Resurrection and will be cast into hell, and his intestines will put forth and he will go round them as a donkey goes round a millstone. The inmates of hell will gather round him and say: “What has happened to you, O so-and-so? Were you not enjoining us to do good and forbidding us to do evil?” he will reply: “I was enjoining you to do good, but was not doing it myself; and I was forbidding you to do evil, but was doing it myself.”
(Bukhari and Muslim)
.
Quotation of the Week
Deeds and Horrors
.
“The life of this world is a house of deeds and the Hereafter is a house of horrors. Man remains between deeds and horrors until he settles either in Paradise or in Hell.”
(Yahya ibn Mu’adh)
.
Point of Reflection
Do What’s Possible
.
No matter how hard you try the bull will never give milk. (Ukraine)
.
Q and A
Question
I would appreciate the advice of a Muslim scholar regarding the practice of having a baby shower. The person who proposed the idea is willing to abide by what you have to say. 

Jazakallah.

 

 

 


Answer

The giving of gifts in Islam is meritorious and highly commendable. It is a means of creating bonds of closeness and affection between people. However, there is no basis in Islam to arrange a special occasion for the exchanging of gifts. Secondly, baby showers are from the way of life and culture of disbelievers, regarding which Rasulullah Sallallahu alaihi wasallam has stated that a person that imitates a nation is from them. Thirdly, there are many un-Islamic practices that take place at such functions details of which require no elucidation. Fourthly, many persons are placed under pressure to present an “appropriate” gift for the occasion even if they are unable to afford it. This also leads to competing and showing off over the gifts that are given which is greatly disliked in the Shari’ah. 

One should therefore freely give gifts but abstain from inculcating and adopting the mannerisms and practices of disbelievers.

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U P D A T E
Working Committee Meeting
The Working Committee of the Jamiatul Ulama South Africa met today to discuss work of the Ulama body. The meeting which took place at Baitul Hamd received reports of the various departments of the Ulama body as well as other emerging issues especially on the developments around the Muslim Marriages Bill. 

The Working Committee is composed of heads of departments, executive members and branch leadership and meets monthly.

Seerah Focus
The final programme in the Seerah Focus Lecture series is scheduled to take place today, 23 February 2011 after Maghrib at Masjidul Huda in Robertsham where Moulana Bilal Vaid will speak on “Rasulullah Sallallahu alayhi wasallam as a Trader.”

Last week, Moulana Hassan Dockrat addressed the topic “Rasulullah Sallallahu alayhi wasallam and Human Rights.”

HIV/AID Awareness Workshop
The Ulama Workshop series kicks off this year with one themed “HIV/ AIDS Awareness”. This event is scheduled for Saturday, 29 Rabi’ul Awwal 1432 / 05 March 2011 at Baitul Hamd, 32 Dolly Rathebe Avenue, Fordsburg. The programme will commence at 9:15am and terminate at 1:00pm, Inshā-Allāh.

The workshop will be facilitated by Dr Iqram Bux of Pretoria Military Hospital. Dr Bux specialises in Clinical HIV and is a member of IMA. He also serves on the advisory board of Muslim AIDS Programme, an organisation co-founded by the Jamiatul Ulama.

At the workshop, the following issues will be highlighted: HIV epidemiology and statistics; HIV Prevention; HIV Clinical issues for non-medical specialists, and Introduction to Islamic Ethics and HIV.

All Ulama are invited. Please confirm participation with either Moulana Abdul Hamid Varachia or Moulana Obeidullah Bhoja via Tel: 011 373 8000 or SMS Name & Yes/No to 082 728 8465 during office hours. The deadline for confirmations is Thursday, 24 February 2011.

Waqf Cadre Workshop
Awqaf South Africa and the Islamic Research and Training Institute a division of the Islamic Development Bank in Jeddah hosted a Waqf Cadre workshop between 17 and 20 Feb 2011 in Durban.

The workshop attracted participants from Uganda, Bahrain, Malawi, Namibia, Zimbabwe and South Africa.

The aim of the workshop was to develop competencies in the issues and management of Waqf through various resource persons who presented papers on different topics covering management, finance, development and sustainability of Awqaf.

A two-man delegation from the Jamiatul Ulama South Africa attended the workshop.

Meanwhile, the Jamiatul Ulama South Africa will be hosting Mufti Muhammad Najeeb Khan of Pakistan, an expert on Waqf and Islamic finance on Thu 24 Feb 2011 from 09h00 to 12h30 to share his expertise on jurisprudence relating to Waqf. For further details, contact Mufti M Haffejee on 011 373 8000.

Summarised Jumu’ah Bayaan:
Excellence of reciting the Qur’an
• Abu Umamah radhiyallahu anhu said: I heard Rasulullah sallallahu alayhi wasallam say, “Recite the Qur‘an. It will appear on the Day of Qiyaamah as an intercessor for its people.” (Muslim) 

• ‘Uthman radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said, “The best of you is the one who learns the Qur’an and teaches it.” (Bukhari)

• Aisha radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said, “Someone who recites the Qur’an and is fluent in it, will be with the noble pious angels. Someone who recites the Qur’an and stutters in it has double the reward, as it is difficult for him.” (Bukhari & Muslim)

• Umar ibn al-Khattab radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said, “By this Book (Qur’an), Allah elevates some people and abases others.” (Muslim)

• Ibn Umar radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said, “You can only have envy for two things: for a man to whom Allah has given the Qur’an and he recites it throughout the night, and for a man to whom Allah has given wealth and he spends it throughout the night and the day.” (Bukhari & Muslim)

• Ibn Mas’ud radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said, “Whoever recites a letter of the Book of Allah earns a good deed, and each good deed is worth ten like it. I do not say that ‘Alif-laam-meem’ is one letter, but that alif is a letter, laam is a letter, meem is a letter.” (Tirmidhi)

• Ibn Abbas radhiyallahu anhu stated that Rasulullah sallallahu alayhi wasallam said, “A person who has not memorized anything of the Qur’an is like a ruined house.” (Tirmidhi)

• ‘Abdullah ibn ‘Amr ibn al-‘Aas radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said, “It will be said to those who know the Qur’an, “Recite and ascend. Recite slowly as you did in the world below. Your station (in Jannah) will be at the last verse you recite.” (Abu Dawud & Tirmidhi)

• Ibn ‘Umar radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said, “The similarity of someone who knows the Qur’an is that of a hobbled camel. If he attends to it, it stays with him. If he lets it go, it wanders away.” (Bukhari & Muslim)

• Abu Lubabah Bashir ibn Abdul-Mundhir radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said, “Anyone who does not use a good voice when reciting the Qur’an is not one of us.” (Abu Dawud)

• Ibn Mas’ud radhiyallahu anhu said: Rasulullah sallallahu alayhi wasallam said to me, “Recite the Qur’an to me.” I said, “O Messenger of Allah, shall I recite to you when it was sent down to you?” He said, “I want to hear it from someone other than myself.” So I recited Surah an-Nisaa’ to him until I reached this verse, “How will it be when We bring a witness from every nation and bring you as a witness against them?” (4:41) He said, “That is enough now,” and I turned to him and his eyes were flowing with tears.” (Bukhari & Muslim)

• Abu Sa‘eed Rafi‘ ibn al-Mu‘alla radhiyallahu anhu said: Rasulullah sallallahu alayhi wasallam said to me, “Shall I teach you the greatest surah of the Qur‘an before you leave the Masjid?” He took my hand. When we were about to leave, I said, “Messenger of Allah, you said, “I will teach you the greatest surah of the Qur’an?” He said, “Praise be to Allah, Lord of the worlds,…” (i.e. the beginning of the Fatiha) are the Seven Oft-repeated ones and the Immense Qur’an which I was given.” (Bukhari)

• Abu Sa‘id al-Khudri radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said about the surah, “Say: He is Allah, Absolute Oneness.” (112) By the One in whose hand my soul is, it is equal to a third of the Qur’an.” In a variant is that Rasulullah sallallahu alayhi wasallam said to his Companions, “Are any of you unable to recite a third of the Qur’an in a night?” That was difficult for them and they said, “Which of us is able to do that, Messenger of Allah?” He said, “[The surah] Say: He is Allah, Absolute Oneness, Allah, the Everlasting Sustainer of all (112) constitutes a third of the Qur’an.” (Bukhari)

• Anas radhiyallahu anhu mentioned that a man said, “Rasulullah sallallahu alayhi wasallam I love this surah, “Say: He is Allah, Absolute Oneness.” (112) He said, “Love of it will take you into Jannah.” (Tirmidhi)

• Abu Hurayrah radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said, “The Qur’an contains a surah of thirty verses which will intercede for a man until he is forgiven. It is: “Blessed be He who has the Kingdom in His Hand!” (67) (Abu Dawud & Tirmidhi)

• Abu Mas’ud al-Badri radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said, “If anyone recites the two verses at the end of Surah al-Baqarah at night, they will be enough for him.” (Bukhari & Muslim)

• Abu Hurayrah radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said, “Do not turn your houses into graves. Shaytan is barred from any house in which Surat al-Baqarah is recited.” (Muslim)

• Abud Dardaa’ radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said, “Anyone who memorises ten verses from the beginning of Surah al-Kahf will be protected from the Dajjal.” (Muslim) One variant has, “from the end of Surah al-Kahf.”

• Ibn Abbas radhiyallahu anhu said, “While Jibril alayhis salaam was sitting with Rasulullah sallallahu alayhi wasallam, he heard a sound above him and raised his head. He said, “This is a door of heaven which has been opened today and which has never been opened before today. An angel descended from it.” He said, “This is an angel who has descended to earth who has never descended before today.” He gave the greeting and said, “Give the good news of two lights which you have been given and which no Prophet before you was given: the Fatihah of the Book and the end of Surah al-Baqarah. You will not recite a letter of them without being given it.” (Muslim)

• Abu Hurayrah radhiyallahu anhu reported that Rasulullah sallallahu alayhi wasallam said, “People do not meet in one of the houses of Allah to recite the Book of Allah and study it together, without tranquility descending on them, mercy covering them, the angels encircling them and Allah mentioning them to those who are with Him (the angels).” (Muslim)

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Message from the Ameer of the Jamiatul Ulama
Speak that which is good or remain silent
Speech and eloquence have been identified in the Qur’an as a bounty of Allah. We always appreciate good speech and eloquent speakers. However due to the negative influence of the media we find that generally people are becoming careless with their speech. 

It is disturbing to listen to the sounds that emanate from our classrooms and institutions of learning. The expletives and vulgarity that flow freely will make one cringe and run for cover. This has resulted in young people adopting disparaging language as the norm.

As parents we sometimes feel overwhelmed especially when we are not used to aggressive language. Our children cannot make a distinction between interacting with their peers and their parents; therefore they are more prone to demanding things rather than requesting. They seem to argue rather than discuss and last but not least they are more comfortable with expletives than with beautiful and kind language.

We need to arrest this unfortunate trend, lest we run the risk of raising a generation that is oblivious to the Prophetic advice of “Saying that which is good or remaining silent.” As individuals we can play our part by correcting inappropriate use of language and words.

Mufti Shafi the author of Tafseer Ma’ariful Qura’n would say: “First weigh your words then say it…” As parents, let’s teach by example by demonstrating a usage of words that is circumspect, fully aware that the children within earshot are malleable and always learning from us.

May Allah guide us all. (Ameen)

 

Courtesy of www.jamiat.co.za

  1. Adiel DoveAdiel Dove03-07-2011

    Why Say No to The MMB

    Muslim Marriage Bill (MMB)

    1.)The secular courts will pronounce on Shari Masaail and issue ‘fatwas’ (decrees) which will be in the light of the country’s constitution and subservient to the laws of the country.

    2.)If a secular court decrees that the Nikah is annulled, then the Muslim husband will be compelled to accept it.

    3.)The final arbiter in all cases will be the secular law, not the Shariah, and not even the MMB.

    4.)The courts will be empowered to appoint any person whether male or female and whether gay or lesbian, non Muslim or Muslim to act as the ‘Family Advocate.’

    5.)The secular court will be empowered to decree Faskh (annulment) of a Nikah whereas such annulment is not valid in the Shariah.

    6.)Issues pertaining to Faskh (annulment) of Nikah will be interpreted in the light of the Divorce Act.

    7.)Nafqah (maintenance) will specifically be decided in the light of the secular law not according to the Shariah.

    8.)The definition of ‘Muslim’ given by MMB is so ambiguous that it will be the function of the secular courts to decide who is a Muslim.

    9.)The MMB provides for the automatic imposition of its provisions on even Muslims who were married before MMB came into operation.

    10.)If a couple does not jointly elect to be excluded from MMB within 36 months, the Act will automatically apply to the couple.

    11.)According to MMB men and women have equal rights.

    12.)Nikah under the age of 18 is criminalised.

    13.)A man who marries a second wife in contravention of MMB is guilty of an offence and liable to a fine of R20000.00 or a long jail sentence.

    14.)The MMB compels Muslims who had concluded Nikahs long before MMB to register their marriages under the MMB, unless the parties decide not to be bound by MMB. If they so decide, they have to apply for exemption in the way prescribed by the Act.

    15.)If a Muslim male wishes to enter into a second Nikah, then in addition to the requirement of having to apply to a court for permission, he has to incumbently have a written contract which will regulate his property.

    16.)An Imaam will be fined R20000,00 if he registers a valid Islamic Nikah performed in accordance with the Shariah, if it does not conform to the provisions of MMB.

    17.)Any parent, Imaam, Sheikh, Moulana or elder who advises their children, students, mureeds or any Muslim in general to abstain from MMB (i.e. after it has been enacted as law) will be sentenced to a fine or a prison term of one year.

    18.)The secular Divorce Act will have overriding importance as far as the courts are concerned.

    19.)MMB obliges the husband to register a Talaaq Baa-in which is an irrevocable Talaaq.

    20.)In terms of MMB, the husband’s Talaaq Baa-in will not be valid if he did not follow the provision of MMB.

    21.)If the wife disputes the Talaaq e Baa-in despite the husband contending that he had issued such a Talaaq, then according to MMB the Talaaq is not valid.

    22.)A Talaaq disputed by the wife will be valid according to MMB only if the secular court resolved the dispute and decrees the Talaaq valid despite the fact that the husband states emphatically that he has administered Talaaq Baa-in to his wife.

    23.)The husband is required by MMB to institute court action within 14 days after he has registered his Talaaq Baa-in in the way prescribed by MMB.

    24.)A husband who does not register his Talaaq Baa-in is subjected to the zulm (cruelty) of a fine of R20000.00 or a lengthy jail sentence in Hell’s hole.

    25.)While according to the Shariah, a secular court’s annulment decree is invalid, i.e. it is not a valid Faskh, MMB confers this right to the secular court.

    26.)The ‘Faskh’ provision of MMB degenerated into a hilarious stupidity. This stupidity read ‘ a faskh granted upon the application of the husband ‘

    27.)Khulah, for this validity according to MMB must be registered by a marriage officer, and both the man and woman must appear in front of the officer.

    28.)The interests and welfare of the children will be decided in the light of secular laws, not in terms of the Shariah.

    29.)The court is given the right by MMB to divide the husband’s property between the husband and wife on dissolution of the marriage.

    30.)According to the Shariah there is an order of priority to be observed with regard to custody of minor children in the event of dissolution of a marriage.

    31.)According to the MMB, the court should consider the report of the non- Muslim Family Advocate concerning the welfare of minor children.

    32.)MMB stipulates that Talaaq should first take place before a haraam civil marriage contract could be cancelled.

    33.)Even if the husband has valid Shari reasons for refusing to issue Talaaq, MMB empowers the secular court to issue a decree of Faskh (annulment) to terminate the marriage regardless of the fact that such annulment is invalid in terms of the Shariah.

    34.)MMB places the non- Muslim Minister of Justice in full charge of Muslim Marriages.

    35.)MMB empowers the Minister to make regulations to imprison Muslims who contravene any of the insidious provisions of this haraam so-called Muslim Marriage Bill.

    Summarised.
    Do not forget to register your objection before it is too late.
    Object and be counted.

    Direct your objections to:
    The Minister of Justice and Constitutional Development,
    c/o Mr T.N. Matibe, Private Bage X81, Pretoria, 0001
    Fax: 086 648 7766 ; e-mail: TMatibe@justice.gov.za

    & / OR

    SMS the words:

    “MPL-NO”

    TO 32015 AND YOUR OBJECTION WILL BE RECORDED. (SMS’s charged at R1.00)

    The expiry date for comments and objections is 15th March 2011.

  2. ZeeZee03-07-2011

    Saying No doesnt help anything. The legislation will be adopted in the format that the state has drafted it if the Muslim community do not seek to correct them. We will find ourselves subjected to legislation that puts us on the wrong side of the law in most instances as you point out. I think the Jamiat is correct to engage with the state and attempt to correct them.

    Offcourse they have no right to legislate in the first place, but here is where we find ourselves living, and the alternative is to move to a muslim land.

  3. abu bakrabu bakr05-16-2011

    ADAM JEEVA – Please note that Hadji ADAM JEEVA does not represent Caledon Street Mosque [ Uitenhage] in any capacity.

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