Friday 10 February marks 72 years since the establishment of the Muslim Judicial Council. To mark this historic event, the ulema body delivered a unified khutbah at masajid around the Cape during Jumuah.
اَلْحَمْدُ اللهِ الَّذِيْ رَضِيَ لَنَا اْلإِسْلاَمَ دِيْنًا وَمُحَمَّدًا () رَسُوْلاً وَنَبِيا. وَأَشْهَدُ أَنْ لاَّ إِلهَ إِلاَّ
االلهُ، وَأَشْهَدُ أَنَّ سَيِّدَنَا وَنَبِيَّنَا وَحَبِيْبَنَا مُحَمَّدًا رَسُوْلُ االلهِ، صَلَّى االلهُ عَلَيْهِ وَعَلَى آلِهِ وَصَحْبِهِ وَمَنِ
اسْتَنَّ بِسُنَّتِهِ إِلَى يَوْمِ الدِّيْنِ وَسَلَّمَ تَسْلِيْمًا كَثِيْرًا، أَمَّا بَعْدُ:
INTRODUCTION
The History of Islām at the Cape is a very fascinating and captivating one. It stretches
from the time the first Muslims arrived at Cape in 1657 until the present day.
It is indeed a miracle from Allāh that over SO many years and after so many generations
Islām survived in a land (South Africa) that was so hostile towards Islām at the time.
When we look back over the years and take into consideration the prevailing conditions
throughout the period that the Cape was under the Dutch East India Company, we cannot
but marvel at the tenacity of the early Muslims and their leaders, and their strong
adherence to their faith, Islām. They understood and internalized the meanings of the
following Qurānic Verses (Āyāt):
Allāh Almighty says in Sūrah Al-Māidah (5:3)
قَالَ االلهُ تَعَالَى: اَلْيَوْمَ أَكْمَلْتُ لَكُمْ دِيْنَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِيْ وَرَضِيْتُ لَكُمُ اْلإِسْلاَمَ دِيْنًا
[سورة المائدة: آية ٣]
“This day I have perfected for you, your religion and completed MY favour upon you and I
have approved Islam for you as a religion (i.e. a way of life).”
Allāh Almighty says in Sūrah Āli-Ímrān (3:85)
وَقاَلَ فِيْ آيَةٍ أُخْرَى: وَمَنْ يَّبْتَغِ غَيْرَ اْلإِسْلاَمِ دِيْنًا فَلَنْ يُّقْبَلَ مِنْهُ وَهُوَ فِي اْلآخِرَةِ مِنَ
الْخَاسِرِيْنَ [سورة آل عمران: آية ٨٥]
“And whosoever desires other than Islām as a religion, it will NEVER be accepted from him,
and he will be amongst the losers in the Hereafter.”
Al-Ábbās Ibn Ábd Al-Muṭṭalib (Raḍiya Allāhu Ánhu) narrates that he heard the
Messenger of Allāh (Ṣallallāhu Álayhi Wa Sallam) saying:
عَنِ الْعَبَّاسِ بْنِ عَبْدِ الْمُطَّلِبِ (رَضِيَ االلهُ عَنْهُ) أَنَّهُ سَمِعَ رَسُوْلَ االله () يَقُوْلُ: ((ذَاقَ طَعْمَ
اْلإِيْمَانِ مَنْ رَضِيَ بِااللهِ رَبا وَبِالْإِسْلاَمِ دِيْنًا وَبِمُحَمَّدٍ () رَسُوْلاً)) رواه مسلم
“That person tasted the taste of Iman, He who is satisfied with Allah as a Lord,
Islam as a religion (i.e. a way of life), and Muhammad (Ṣallallāhu Álayhi Wa Sallam)
as a Messenger.”
Transmitted by Muslim
In the 17th Century, Muslims of the Cape of Good Hope were barred from practicing their
religion in public and propagate its teaching amongst the indigenous people and the
Christians until the announcement was made on 25 July 1804 by Governor De Mist,
when he published an ordinance declaring equal protection from the law for all religious
societies.
However, social injustice and political inequality became the greatest obstacle to the
spread of Islām. Muslims were not allowed to own property without the permission of the
Governor, their marriages were disregarded and they had to carry passes etc.
It is under these trying conditions that we witnessed the significant role of the Úlamā in
disseminating knowledge to their respective communities. Fundamentally, it is important
to note that Islām did not merely survive, but rather progressed due to the diligence and
commitment of the Religious Scholars (Úlamā). From here Islām was taken across the
Western, Eastern, and Northern Regions of this country.
Dissemination of knowledge and the preservation and teachings of Islām is synonymous with the commitment of the Úlamā, who studied at and qualified from Institutions of Higher Islāmic Studies in different
parts of the Muslim world as well as South Africa.
The historic role of Religious Leaders (Úlamā) in the spread and preservation of Islam in
South Africa is woven into the tapestry of this country. Amongst the leading figures who
played a significant and strategic role in crafting the Islamic identity of Muslims in South
Africa are Shaykh Yusuf Al-Khalwati Al-Macassari, Tuan Guru and Shaykh Abū Bakr
Effendi (Raḥimahum Allāh).
Shaykh Yusuf Al-Macassari is regarded as the Founding Father of Islām in South Africa.
Whilst he served Islām at the Cape for only five years, he had a great impact, possibly the
greatest impact in shaping the Islāmic identity of Cape Muslims and their practices as a
Muslim community. He also introduced the Ashárite understanding of Islāmic Belief
(Áqīdah) under the banner of Ahl Al-Sunnah Wa Al-Jamāáh (i.e. Sunni Islām).
The historic development of the Muslim Judicial Council
Prior to the establishment of the Muslim Judicial Council in 1945, approximately 40
Masājid were functional with their respective Imāms. These Masājid, their Imāms, and
congregations (Jamāáhs) functioned independently of each other without any formal
structure for co-operation or control over their affairs. In most cases, the Imām, once
elected by the congregation, had sole control over the Murīds, Miḥrāb, and Mimbar, even
though MOST of the Imāms had no formal training in the Arabic language, Tafsīr, and
Ḥadīth or even a deep understanding of Islāmic history.
The Cape Muslim Community was a minority group created by colonialism, with NO Government structures to oversee Islāmic affairs or issue Judicial Decrees when needed or to solve intra-religious disputes.
By 1945 Islām had grown tremendously and had spread to all the surrounding towns:
Strand, Somerset West, Paarl, Malmesbury, Worcester etc. At the time, there was still a
lack of a Central Religious Authority or Islāmic Body that could give judgements on
Islāmic Law (Sharīáh) Matters and the appointment of an Islāmic Judge (Qāḍī) was
desperately needed to lead the community.
Thus, on 10 February 1945, a unity conference was held in the St. George Cathedral Hall,
Victoria Street, Cape Town, and was attended by 62 Muslim Religious leaders to unify the
Shaykhs and Imāms under one umbrella body for the sake of unity and benefit of the
broader Muslim community.
This conference led to the official establishment of the Muslim Judicial Council and the election of an Executive Council of 18 affiliated members to lead the Muslim community in ALL their religious affairs. The specialized and challenging tasks of a judiciary which required adequate theological training was an increased demand
upon the competent scholars within the MJC who were at the same time serving as
Imāms at their respective Mosques.
Some of the Giants that served the Muslim Judicial Council and the broader Muslim
community. When the MJC was established, Shaykh Shakier Gamieldien was elected as the first
Chairman, a position he held until 1947. He was succeeded by Imām Abdullah Behardien
and in 1948 by Imām Sulaiman Harris (i.e. the father of Imām Yāsīn Harris), until 1952. In
that same year (1952), on the advice of the visiting Pakistani Islāmic Scholar, Maulānā
Ábdul Áleem Siddique, the MJC Constitution was amended to form a Supreme Council of
qualified Úlamā, in addition to its existing General Council.
The MJC then comprised of two main organs:
a) The General Council (i.e. the General body for all its affiliated members).
b) The Supreme Council, which was the Fatwa–issuing organ, consisting of the most
competent Úlamā.
The following leaders served in the capacity of Chairman/ President of the Muslim
Judicial Council:
Chairman:
1. Shaykh Shakier Gamieldien (1945 – 1947)
2. Imām Abdullah Behardien (1947 – 1948)
3. Imām Suleiman Harris (1948 – 1952)
President:
1. Shaykh Ahmad Behardien (1952 – 1955)
2. Shaykh Shakier Gamieldien (1955 -1970)
3. Shaykh Ihsaan Gamieldien (1978 -1972)
4. Shaykh Abū Bakr Najaar (1978 – 1982)
5. Shaykh Nazeem Mohamed (1982 – 1998)
6. Shaykh Ebrahim Gabriels (1999 – 2006)
7. Maulana Ihsaan Hendricks (2006 – 2016)
8. Shaykh Irafaan Abrahams (2016 – current)
The primary functions of the Muslim Judicial Council
Initially, the duties and functions of the organization were to facilitate activities of an
Islāmic nature, relating specifically to facilitating and regulating Muslim marriages and
related matters; the provision of dietary requirements; the uniformity of Madrasah
education, and other Judicial matters.
At the time the Legal Edicts (Fatāwā) were mainly
issued from the Shāfiˊī Madhhab perspective, but because of the growing Ḥanafī
community after the arrival of Sh. Abu Bakr Effendi, the growing Hanafi community had to
be catered for and accommodated as well. The Muslim Judicial Council has since its
inception in 1945, played a pivotal role in the preservation and promotion of Islām locally,
nationally and internationally.
This also signified the dawn of a new era for the Muslims in South Africa, but it also
ushered in a myriad of new challenges. Most noteworthy is the advent of Apartheid in
South Africa in 1945, and all the challenges that went with it. Islām at the Cape and in
South Africa was characterized by 3 major periods of colonization:
(i) Dutch Colonialism
(ii) British Colonialism, and
(iii) Apartheid under White Colonialism
This compelled the Muslim Judicial Council to begin to introspect at its own resources and administration, in order to rise to the occasion and continue to play a pivotal role in the different regions, cities, and towns in South Africa generally, as well as abroad.
How does the Muslim Judicial Council serve the community?
It is most natural to expect that with the change in times the Muslim, as well as the
broader community, will face many different and new challenges. This will always warrant
of the leadership of the Muslim Judicial Council to reassess and renew their leadership
strategy in providing strategic and visionary leadership to the community.
– Through the different masājid that are affiliated to the MJC (Imāmat and teaching)
– Through the MJC members (Úlamā etc.) that serve the different Muslim
communities in the Western Cape and elsewhere in their individual capacities
(Imāmat and teaching).
– Through creating strategic partnerships and networking effectively with different
organizations locally, nationally and internationally for the benefit of the broader
community
– Through creating strategic partnerships with different government departments in
South Africa, regionally, nationally as well as internationally for the benefit of the
broader community.
What are some of the essentials services that the Muslim Judicial Council and its
members provide to the broader community?
1. Basic Islamic Education
– Afternoon Madrasah Classes
– Evening & Weekend Classes for Adults
– Poverty Alleviation (Partnerships with other organizations)
2. Facilitating reversions of non-Muslims to Islām
3. Facilitating Islamic Marriages
4. Facilitating Name Giving of Babies
5. Fulfilling the Last Rights (Burial Rights) of Muslims
6. Marriage Counselling
7. Family Counselling
8. Monitoring the dietary needs of the community (i.e. monitoring the Halal Industry)
9. Providing Conciliation, Mediation and Arbitration Services
10. Providing Legal Edicts (Fatāwā) to the community on different facets of Islām.
11. Providing Monthly Moon-sighting for the determination of each New Islāmic Month
CONCLUSION
The Muslim Judicial Council was established with very noble objectives by very noble men, our
predecessors (May Allāh have mercy on them all). Our lives will always be characterized by
challenges, trials, and tribulations whether it be Ahmadism, Qadianism, Subutism, Shiasm or ANY
other ISM which inevitably does NOT have its origin in the Áqīdah of Ahl Al-Sunnah Wa Al-Jamāáh.
Our fundamental responsibility as a Muslim community and as an Úlamā Body is to CONTINUE to
strive to protect and preserve the pristine teachings of our Beloved Prophet Muḥammad (Ṣallallāhu
Álayhi Wa Sallam) – i.e. Sunni Islām.
We MUST continue to educate and firmly root our communities
in the Áqīdah of Ahl Al-Sunnah Wa Al-Jamāáh, as well as educate and inform them of the
deviances of the deviant sects as taught to us by our previous pious predecessors. This is and will
continue to be an Amānah (Trust) and a responsibility on our shoulders, generation after generation
until the Day of Judgement. We owe this to Allāh and the Prophet Muḥammad (Ṣallallāhu Álayhi Wa
Sallam).
Allāh Almighty says in Sūrah Al-Taubah (9:105)
قَالَ االلهُ تَعَالَى: وَقُلِ اعْمَلُوْا فَسَيَرى االلهُ عَمَلَكُمْ وَرَسُوْلُهُ وَالْمُؤْمِنُوْنَ، وَسَتُرَدُّوْنَ إِلىَ عَالـِمِ
الْغَيْبِ وَالشَّهَادَةِ ، فَيُنَبِّئُكُمْ بـِمَا كُنْتُمْ تَعْمَلُوْنَ [سورة التوبة: آية ١٠٥]
“And say, Do (as you will)! For Allāh will see your deeds, and (so will) HIS Messenger
(Ṣallallāhu Álayhi Wa Sallam) and the Believers. And you will be returned to the Knower of
the unseen and the witnessed (i.e. the seen), and HE will inform you of what you use to do.”
