One cannot be a Muslim swearing allegiance to Allah’s marriage laws and be a Muslim swearing allegiance to the Marriage Act of 1961. Two marriage certificates and Allah forbid two divorce certificates. Also two marriage ceremonies.
The South African government spent R5 million to issue 150 marriage officers licences to nominees of the MJC and the Islamic propagation Centre in Cape Town and Durban.
According to Naeem Jinnah of the MYM and head of several research centres “nothing has changed” in a rebuttal to senior members of the MYM. The “Imara” oversight body of the MJC slammed its executive body and acting President (of the Cravenby Mosque) for the hype around the issuing of these licences saying that it does not legalise Muslim marriages in any way. In fact in a submission to the Constitutional Court its chief spokesperson on marriages Imam Mouti Saban on behalf of the “Imara” and its leadership over the past 40 years condemned Muslim marriage officers in terms of the Marriage Act of 1961 as the Act is Haraam and swears allegiance to the Act and not Allah’s marriage laws.
The MJC executive lobbied the Department of Home Affairs for these licences which led to the Deputy State President creating a media hype that Muslim marriages are legal. A sad way to end his office at least in the Muslim community.
As far as AL JAMA-AH is concerned Nikah’s have legal consequences and the clauses in the Marriage Act of 1961 being used to negate these marriages are unconstitutional. Further Muslims do not need a secular state to give Nikah’s recognition. Islam recognises it. All Muslims want is legal consequences which it has. The administrative actions of the Department of Home Affairs is with respect unlawful.