Most people, including most Ulama, are unaware what exactly MPL (Muslim Personal Law) is and what are its consequences. Due to ignorance, many sincere Muslims, both Ulama and laymen, support this insidious measure on the basis of allegiance in the same way as people do when they vote for political parties. You vote for whichever party you are a member regardless what the party stands for and irrespective of the candidate being a debaucher, scoundrel, etc. When a certain Muslim attorney at law was questioned about MPL, he professed his ignorance of the contents of the bill and commented that the views of a certain Maulana are adequate for him. Since that Maulana supports the MPL clique, he too supports MPL. The truth is that the Maulana Sahib himself is either ignorant of the bill’s contents or he has joined the fraternity of the ulama-e-soo’ (evil learned men) who follow resolutely in the footsteps of the Ulama of the Yahood and Nasaara who were adept in the art of mangling the Shariah of the Tauraah and Injeel.

In simple language for everyone’s understanding, the MPL bill, in fact the very concept, are haraam and dangerous because:

(1) The ultimate arbiter in terms of MPL to decide matters of the Shariah is the non- Muslim secular court whose decision is final and binding.

(2) The High Court, Supreme Court and the Constitutional Court will interpret Islamic ambiguities and issue decrees in the light of their mindset, ethos and immoral atheistic constitution. Thus, even if it has to be stupidly assumed that an MPL Act could be 100% in compliance with the Shariah, disputes will be adjudicated by the secular courts who will have the final say to interpret any rule, principle or ambiguity arising from valid differences of the Fuqaha of Islam. Besides this, the jurisdiction of a non-Muslim court is just not valid in terms of the Shariah.

(3) A person whom the Shariah regards to be an adult but who according to the secular law is a minor, may not marry without the consent of the non-Muslim Home Minister or the agency he/she has appointed for this function. Thus, even if the Nikah is validly performed
according to the Shariah, it will not be valid according to kufr MPL and at the same time it will be an offence.

(4) If a man does not register his Talaaq, he is guilty of an offence and the fine is R5000 or a year in jail.

(5) If the wife disputes the Talaaq Baa-in, the Nikah in terms of MPL will still be valid and the court will decide the issue.

(6) If a man marries a second wife without the consent of the non-Muslim Home Minister or the secular court, he is guilty of a serious ‘crime’. The fine is R20,000 or 5 years in jail.

(7) If due to ignorance a Muslim had registered his marriage in community of property which is haraam, and which negates Islam’s Law of Inheritance, then dissolution of this haraam system is possible only if Talaaq is also issued according to MPL.

These are some salient features of kufr of the kufr MPL bill which are readily comprehensible to every Muslim. Besides these few acts of kufr, almost every provision of the MPL bill is in conflict with the Shariah.

It is Waajib for Muslims to oppose both the MPL bill as well as the very concept of submitting the Shariah to the vagaries of wildly fluctuating opinions of non-Muslim courts, and to the invalid jurisdiction of secular courts. When deciding on issues of this kind, Muslims should ensure that they do not come within the purview of the following Qur’aanic stricture:

“They take their Ulama and their Mashaa-ikh as gods besides Allah…”

This was the attitude of the masses of Bani Israaeel who would blindly follow the nafsaani opinions and views of their corrupt priests and saints. Read and understand the kufr MPL bill, and the writings of the supporters and denouncers of the MPL bill, and form your own intelligent opinion. 

The Majlis Vol 19 No. 2

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