…continued from Part 1 – Understand why and Object
31) The secular Maintenance Act and the spirit and purport of the Constitution will determine the period of maintenance.
32) The stipulation of Muslim judge does not apply to the Supreme Court of Appeal. Whenever a High Court decree will be taken on Appeal to the Supreme Court there is no guarantee of the matter being decided upon by a Muslim Judge.
33) When a judge purports to be decreeing under the umbrella of MMB, the litigants believe that judgment will be decreed according to the Shariah.
34) The decree of the court will remain baatil (invalid) regardless of the presence and advice of Muslim assessors.
35) The wilaayat (jurisdiction) of a secular court is just not valid in terms of the Shariah.
36) MMB envisages do the contrary of implementation of the Shariah. They inhibit and prevent the implementation of the Shariah. Not, only inhibit and prevent, but adulterate the ahkaam and yield baatil effectssuch as invalid Talaaq, invalid Faskh, invalid Nikah (in the absence of a male Wali), invalid distribution of assets, invalid custody of minors, invalid formulation of rules by the non-Muslim cabinet minister, etc.
37) As far as the haraam regulations and penalties of MMB are concerned, Muslims themselves, are asking for their promulgation, not the government.
38) Being 18 years old is a compulsory requisite for the validity of nikah in terms of MMB.
39) The permission of guardians and or the non-Muslim minister/court is a vital requisite for the validity of nikah in terms of MMB.
40) It relates to nikah under MMB.
41) Now when a nikah is not valid, as it will be in MMB religion, then it follows that in terms of MMB the offspring of the union will be illegitimate in exactly the same way as it is currently on account of Muslim marriages being unrecognized.
42) Only a contract which conforms to the Shariah will be a nikah.
43) The non-Muslim minister/court may or may not declare the nikah valid. The final arbiter to decide whether the nikah is a “valid Muslim marriage” will be the non-Muslim cabinet minister.
44) In terms of MMB, a Molvi/Imaam/Sheikh who happens to be a marriage officer may not perform the nikah of a 17 year-old.
45) It is lamentable that despite being Ulama, they have miserably failed to understand the operation of the principle of the lesser of the two evils which applies only when a third halaal alternative is not available. In case of MMB, there was no compulsion by any authority to become a party of the Project Committee to transmogrify and destroy the Shariah.
46) In this haraam system, an Islaamic Will is not valid.
47) What happens to the parents, grandparents or the Maulana Sahib who refrains from informing the prospective spouses of their right to opt for haraam MMB? Section 6 (9)(c) states:
“The person facilitating the marriage referred to in paragraph (a) who fails to comply with the provisions of paragraph (b), is guilty of an offence and liable upon conviction to a fine not exceeding R20,000.”
48) The question which Muslims are asking is not: Why will it be necessary to register a talaaq? The question they are asking is: “Why fine a husband R20,000 or sentence him to jail if he has failed to register his Talaaq with the secular court which has no Shar’i status?” Section 9 (4)(a) of MMB states: “Any husband who knowingly and wilfully fails to register an irrevocable Talaq in accordance with subsection (3) is guilty of an offence and is liable on conviction to a fine not exceeding R20,000.”
49) Registration in terms of this provision is synonymous with validity. The Talaaq may not be registered because its validity is being contested.
50) MMB says that even if the husband confirms that he had issued Talaaq Baa-in, it will not be valid if the wife disputes it. The validity will depend on the ruling of Judge John in the secular court.
51) Secular courts have absolutely no power to issue decrees of Talaaq and Faskh regardless of the judge being a ‘Muslim’.
52) All the MMB provisions pertaining to division of assets are haraam.
53) The contention that MMB is the only viable option is utterly baseless.
54) If one opts for MMB, it will be the same as selecting community of property or ante nuptial contract with accrual. They are all the same un-Islamic breed.
Some say half a loaf is better than none. This is not even half a loaf; it is completely cancerous.
Others say, ‘let us at least get one foot in’. We say that if the foot was going into Jannat, Halaal and permissible, then let us go – but this is going to Jahannam, Haraam and non-permissible.
Unfortunately, the impression given via the media and Radio, by compromising the truth, riding the defects that one is going into Jannat. What a shame!