I have recently been given an article on Muslim Personal Law written by Mufti Taqi Usmani a few years ago.

Answer

The arguments presented by Hadhrat Mufti Taqi Uthmaani Sahib appear logical to you due to your lack of understanding what exactly the MPL bill is. We have perused the article and are surprised at the naivety of Hadhrat Mufti Taqi Sahib. And, even more surprising is the naivety, to say the least and to put it very mildly, of Maulana Abbaas Ali Jeena who was a member of the Project Committee appointed to structure the Bill of Kufr. When even

Maulana Jeena who is supposed to be a member of the Old Guard Ulama Fraternity, and when even the vast majority of South Africa's Ulama, and the vast majority of Muslim secular lawyers, even Judge Navsa, have miserably failed to understand the contents of the MPL bill in terms of the Shariah, then it is not so surprising to note the profound naivety displayed by Hadhrat Mufti Taqi Sahib who admits in the article:

"I was also asked to comment on the draft Bill at some stage. I did not at that stage have the necessary time to devote for a proper analysis of the Bill in order to express a properly considered opinion. I had however furnished my preliminary comments based on a superficial study of the Bill." (Emphasis ours – The Majlis) ……..Because the draft Bill underwent on going amendments, I could not keep in touch."

Neither has Hadhrat Mufti

Taqi Sahib studied the Bill in depth nor has his 'superficial study' enabled him to understand the stark kufr of the MPL bill. If he had subsequently studied it –we believe that he did – then his silence on the kufr contents is indeed ominous. He had acted unjustly and unprofessionally by commenting on such a controversial issue as the MPL bill without having made a proper study of it.

Furthermore, Hadhrat Mufti Taqi Sahib is blissfully unaware of the vast latitude of judicial interpretation which the constitution empowers the country's courts. He lacks awareness of the striking down of provisions of statutes by the constitutional court. He has failed to understand that the courts in South Africa are not similar to the courts which functioned under the British colonial Raj of India 70/80 years ago when political expediency was the determinant. Hadhrat Mufti Taqi Sahib has

failed to understand that South African courts are not obliged to submit to laws which they interpret to be in conflict with the constitution. On the contrary they strike down such laws. In fact, Hadhrat Mufti Taqi Sahib's ominous silence regarding the substantive issues of kufr of the MPL bill borders on complicity which we shall mildly ascribe to an acquired liberal attitude.

Be that as it may, he did make the following averments which the MPL molvi-sheikh clique of the paper body UUCSA, the so-called 'United Ulama Council of South Africa, deemed expedient to conceal:

"I had indicated that the draft Bill be given final form in consultation with local jurists (i.e. the Ulama of the country). ….. Because I am not conversant with South Africa's legal and constitutional system, I suggested that these issues be resolved jointly by the local Ulama and legal scholars.

…..At the same time, I had indicated that the Bill should be prepared in consultation with, and through the concurrence of the local jurists. If, Allah forbid, fundamental changes are sought to be made, then consideration should be given to withdrawing the Bill from the legislative process." (Emphasis ours – The Majlis)

None of these advices of Mufti Taqi Sahib was implemented by the MPL clique hell -bent on getting their kufr scrap bill accepted by the government. A fundamental discrepancy in Hadhrat Mufti Taqi's opinion is the ventilation of his theory in the mirror of MPL as it was administered 70 years ago by the British colonial Raj which had colonized the Indian subcontinent.

This is a very brief response to your notion of Mufti Taqi's opinion on MPL for South Africa. If Allah Ta'ala bestows to us the taufeeq, we shall, Insha'Allah, publish a detailed response to every comment made by Hadhrat Mufti Taqi. His article is cluttered with discrepancies and red herrings.