“THE INDEPENDENT ISLAMIC COURT”
Question
Please comment on the Islamic and legal status of the newly formed “Independent Islamic Court”. Will the rulings issued by this court have any legal status?
Answer
If by ‘legal status’ you mean legally binding in terms of government law, then, NO! The term ‘court’ in this context is misleading.
The type of ‘court’ which the group has embarked on is old hat. There exist several such ‘courts’ which were initiated decades ago by some Ulama bodies. Issues pertaining to marriage, divorce, inheritance, etc. are matters with which all Ulama Committees deal.
Just as the decrees of the Ulama bodies are not legally binding so too will the decisions of this ‘independent court’ have no legal status. Generally, the party in whose favour a ruling is made, is prepared to accept the decree. But the Ulama have no coercive power to compel acceptance of their decrees and fatwas.
Judging from its advertised programme, it is palpably clear that this new so-called ‘court’ is another modernist outfit which will not follow the orthodox Sunnah. The very fact of luring women to participate in its programme indicates the deviation from the inception. Any entity which lures females out of their homes for participation in functions in the public domain, is deviate and anti-Sunnah.
Question
The Home Affairs Department is now issuing Muslim marriage certificates. What is the Islamic status of these certificates?
Answer
The marriage certificates of the Home Affairs are scraps of paper in terms of the Shariah. Islamically these certificates have no validity. Only the Nikah Certificates issued by the Islamic entity who performs the Nikah are valid.
12 Jumadal-Ula 1446 – 14 November 2024