The Ministry of Justice in South Africa has tabled the Muslim Marriages Bill for comment until 15 March 2011. Until a few weeks ago, it seemed that those opposed to the Bill had dominated the public debate with dire warnings of fire and brimstone to anyone supporting what they called the Kufr Bill.
Supporters now seem determined to gather support for the Bill. The United Ulama Council of South Africa has organized a number of public discussions to clarify their support for the Bill, and email petitions are being collected in support.
I support this bill and have supported this process since it began about 15 years ago. My support was based on some fundamental grounds. Most importantly, non-recognition of Muslim marriages in South Africa had fundamentally disadvantaged women and children. And it was the obligation of the state to recognize any contract engaged in by its citizens.
A proper format needed to be found for this. The Muslim Marriage Bill is a South African legal instrument towards this process. It is not Islamic Law.
My second ground for supporting the Bill was the obvious fact that Islamic law was open to interpretation on the basis of justice and fairness. As it had been interpreted in the past to empire and culture, it could also respond to basic human rights. This would include the right of a woman to a dignified life even if that may lead to divorce. It also could respond, I thought, to the contribution that women make to build homes, and contribute to household incomes.
Rejection of the Bill implies that the South African government does not recognize an agreement signed between a man and a woman when they get married. Rejection means that Islamic Law does not stand up for justice. Rejection means that Islamic law has become a mark of Islamic identity and male privilege.
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