Islam in World Cultures: Comparative Perspectives - Islamic Books ...

2 7 0Islam i n World Cult u r e sof unexpected outcomes for the Muslim community. While freedom of religionhas ensured the place of Islam in an open society, freedom of expressionhas provided a space for debate and argument among Muslims, one that couldnot have been imagined before. Islamic debates during apartheid did not directlyengage the state in a constructive manner. Apartheid was condemnedwhile compromises were made with officials, but the relationship betweenMuslims, and in particular Islamic law, and the state was never an issue. Moreov e r, debates about Islam were significantly curtailed by the authoritative structuresof earlier Muslim religious organizations. But the divergent discoursesthat were born under the struggle against apartheid were given freedom indemocratic South Africa. The radio stations provide a strong indicator of thisfreedom in a most general sense. The state recognition of Muslim personal lawillustrates the implications of this freedom for the ways Muslims read the constitution,think about the state, and extend the limits of how they relate to ademocratic dispensation. Thus the legislative proposals on the recognition ofMuslim marriages offers an opportunity to examine some of the most significantissues related to the development of Islam in contemporary South Africa.The most dramatic provision for Islam in the constitution has been therecognition of Muslim marriages o r a complete system of Muslim personal law.Article 15.3 of Freedom of Religion, Belief, and Opinion includes such a provi s i o n :(a) This section does not prevent legislation recognizing(i) marriages concluded under any tradition, or a system of religious, personalor family law; or [my emphasis](i) systems [my emphasis] of personal law and family law under any tradition,or adhered to by persons professing a particular religion.(b) Recognition in terms of paragraph (a) must be consistent with this sectionand the other provisions of the Constitution.In 1994, the government appointed a Muslim Personal Law Board to propose as y s t e m of Islamic law as provided by Article 15.3.a.ii. The board’s members representedboth the religious leadership and the youth organizations that wereactive against apartheid. The board collapsed in April 1995 when its memberscould not reach agreement (Moosa 1996b, 139). Recognizing the importanceof the issue, the South African Law Commission appointed a project committeeunder the chair of Justice M. S. Navsa of the Supreme Court of Appeal. Thecommittee appears to be enjoying greater success than the Muslim PersonalLaw Board. At the end of 2001, after numerous consultations and workshops, itproduced for public discussion a proposed bill for recognizing Muslim marriages.The process leading to this proposed bill provides an opportunity forunderstanding how Muslims have responded not only to legal reform but to religiousfreedom, freedom of expression, and their role in a democratic state.