This innovative NPO was founded to educate, empower and advocate for South African Muslims as they navigate key life events like marriage, divorce and inheritance.
By NONTOBEKO AISHA MKHWANAZI
‘And among Allah’s signs is this, that He created for you spouses from among yourselves, that you may dwell in tranquillity with them, and He has put love and mercy between your hearts. Verily, in that are signs for those who reflect.’ (Sura Ar-Rum, 30:21)
But what happens when tranquillity fades and love and mercy no longer hold a marriage together?
In today’s society the path to marriage for some Muslim couples is overshadowed by the focus on the external details of the wedding, such as selecting the perfect masjid for the nikah, purchasing extravagant outfits, and hosting a celebration that will be the talk of the community for years to come. Yet, beneath the glitter and grandeur, the most critical aspects of a successful marriage are often overlooked.
Essential conversations about marital rights and responsibilities, the importance of a fair marriage contract, the attendance of pre-marital counselling and understanding both Islamic and South African laws are frequently neglected. This lack of preparation can have far-reaching consequences.
With divorce rates rising, many women find themselves vulnerable and unaware of their rights under both Islamic and South African law, leaving them shattered and unprepared for the legal and emotional challenges ahead. Similarly, disputes over inheritance often reveal a lack of adherence to Islamic principles, with mothers and daughters frequently sidelined or denied care by those meant to protect them.
In such moments of confusion and vulnerability, the question arises: where do you turn for help? Who can provide clarity and support during these life-altering challenges?
The newly launched Muslim Family Law Hub (MFLH) in Cape Town aims to answer these pressing questions. This innovative registered Non-Profit Organisation (NPO) was founded to educate, empower and advocate for South African Muslims as they navigate key life events like marriage, divorce and inheritance.
In an interview, Dr Fatima Essop, the founding member and Director of the MFLH, shared her journey in creating this groundbreaking initiative.
‘I have always felt strongly about the just application of Muslim family law in the South African legal context,’ she explained.
Her PhD research on South African and Islamic inheritance laws, coupled with a Visiting Fellowship at Harvard Law School, solidified her commitment to this cause.
‘It was at Harvard that the idea for the Muslim Family Law Hub was born. I realised there was a pressing need for a resource that simplifies these legal frameworks for Muslims in South Africa, especially for women who are often most vulnerable in situations of divorce or inheritance disputes,’ said Dr Essop.
By providing accessible resources, hosting workshops and fostering collaboration with community leaders and service providers, the MFLH is committed to promoting fairness and justice for everyone in the Muslim community regardless of gender. At its core, the MFLH strives to ensure that every individual has the knowledge and tools to make informed decisions rooted in both Islam and the understanding of South African law.
Its comprehensive website offers resources in a question-and-answer format, downloadable checklists and legal information presented in both Islamic and South African contexts. Beyond the online platform, the MFLH is committed to community workshops and partnerships with key organisations to ensure its reach extends to those who need it most.
Among the MFLH’s key components is collaboration with other organisations to ensure accessibility and a wide reach.
‘We’re keen to work with ulama bodies – who play a crucial role in administering Muslim family law – and legal service providers to secure accessible legal services for our community,’ Dr Essop added.
Shaikh Riad Fataar, President of the Muslim Judicial Council (MJC), expressed his support for the MFLH’s mission.
‘The Muslim Family Law Hub is addressing a crucial gap in the Muslim community’s understanding of family law,’ said Shaikh Fataar.
He also highlighted the MFLH’s role in empowering women, who are often at the centre of disputes over marriage and inheritance.
‘Women are disproportionately affected when these laws aren’t properly understood and applied. The Hub helps level the playing field, ensuring that women can advocate for their rights and seek justice within the family,’ he added.
In an interview, Shaikh Yaseen Kotana, the Imam of Driftsands Masjid, echoed Shaikh Fataar’s sentiments and praised the MFLH for its timely initiative to benefit the Muslim community.
‘I am deeply grateful to the leadership of the Muslim Family Law Hub for their efforts. As an Imam in the township, I encounter numerous cases where Muslims lack awareness of both Islamic and South African laws concerning marriage. Cultural practices often further complicate matters related to marriage, divorce and inheritance,’ said Shaikh Kotana.
Shaikh Kotana emphasised the importance of accessible information and expert guidance.
‘With the right knowledge and support from experts well-versed in both Islamic and South African law, many of these challenges can be addressed effectively, particularly in township communities where resources are limited,’ he added.
Naseema Khan, a family law practitioner, also applauded the MFLH for its forward-thinking approach to addressing family law issues in the Muslim community.
‘This initiative stands out because it doesn’t just respond to problems; it works to create solutions before they arise. The Hub encourages families to approach life events like marriage, divorce and inheritance with foresight and preparation,’ she said.
Khan stressed the importance of practical tools and resources, adding, ‘What makes this effort so impactful is its focus on equipping individuals with clear, actionable guidance. It’s not just theory; it’s practical help people can actually use.’
She expressed confidence in the MFLH’s future, saying, ‘This is the kind of resource our community has needed for a long time, and I’m excited to see the positive changes it will bring.’
For more information on MFLH and its resources, email: muslimfamilylawhub@gmail.com or visit their website: https://muslimfamilylawhub.org/.
Join the Muslim Family Law Hub’s Ulama and Legal profession online discussion on The Impact of the Divorce Amendment Act on Islamic Divorce in South Africa which will be hosted on November 27, 2024, from 18:00-19:00. Access the discussion via the following link: https://muslimfamilylawhub.org/events-upcoming/.
