Navigating Muslim Personal Law in South Africa

By Yaghya Jappie

On 4 August 2024, Masjidut Taqwa had the privilege of hosting Shaykh Professor Muneer Abduraof, a highly respected scholar and legal expert in Islamic law. His lecture centred on the complex relationship between Islamic principles and South African legal frameworks and drew a diverse and engaged audience. The event provided valuable insights into the challenges and opportunities of navigating family law and succession planning within the context of both religious and civil obligations.

Shaykh Professor Muneer Abduraof is a well-known figure in academic and religious circles. A graduate of the University of Madina's Faculty of Shariah, he has built a distinguished career that includes roles as an Imam, a senior member of the Muslim Judicial Council (MJC), and an associate professor at the University of Western Cape's Faculty of Law. His extensive experience in Islamic jurisprudence and his understanding of South African law made him uniquely qualified to address the evening’s topic.

During his talk, Shaykh Prof. Muneer underscored the importance of understanding the distinctions between Islamic and South African legal systems, particularly in family law. He highlighted that while the Nikkah, or Islamic marriage contract, is a cornerstone of Shari’ah, Muslims in South Africa must be aware of the differences between Nikkah and civil marriage procedures. These differences, he explained, have significant implications, especially when it comes to divorce and inheritance.

One of the central themes of Shaykh Prof. Muneer’s discussion was the divergence between Islamic and South African laws regarding divorce and succession. He noted that while the Quran provides clear guidelines on inheritance, South African civil law may impose different requirements, particularly in cases involving civil marriages. This discrepancy can lead to legal complications if not proactively managed.

Shaykh Prof. Muneer’s talk left a lasting impression on those in attendance, emphasizing the necessity of planning ahead to ensure that one’s personal affairs align with Islamic and South African legal requirements. He urged the audience to take proactive steps in succession planning to avoid potential conflicts between the two legal systems. By doing so, Muslims can ensure that their actions not only adhere to their faith but also comply with the laws of the land. The event was enlightening and inspiring, encouraging attendees to approach these complex issues with a blend of knowledge and foresight.

Watch the talk here: https://www.youtube.com/live/qb4n0Pdrmzg?si=Kv901D-J4MDsxWAj