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MPL AND THE SA CONSTITUTION - SPECIAL ASSIGNMENT

For many years, there has been an effort to get the MPL (Muslim Personal Law) legally recognized. Many people have contributed to that effort according to their abilities. Professors and Ulama from abroad were also invited and held discourses on the MPL.

Many people have relied on the advice and guidance of these individuals during those discourses, but unfortunately, the MPL was not examined in the context of the South African Constitution within which it will evolve. It is obvious that the MPL being subservient and subordinate to the South African constitution will have many implications and raise many fundamental questions. There was thus a need for a constitutional expert to advise the Ulama on the procedure and substance of the South African Constitution in order to understand the implications of the MPL within the South African Constitution.

Alhamdulillah, the Darul Ifta Madrasah In'amiyyah, Camperdown hosted two discourses (Saturday, August 3 2002 and Thursday, August 8 2002) with Professor Ziyaad Motala regarding the MPL. Professor Ziyaad is a lecturer at Howard University in Washington. He teaches Comparative Law, Constitutional Law, Internationl Law and International Business Transactions. He is also the Director of Howard University School Of Law, Comparative Law and International Law, and Summer Abroad Programme in South Africa.

Professor Ziyaad Motala has authored many books on Law, One is, ‘Constitutional Options for a Democratic South Africa - Constitutional Rights in African Criminal Justice Proceedings and Constitutional Law’ co-edited with Mr Cyril Ramaphosa.

Professor Ziyaad Motala has agreed to answer any queries from anyone – Ulama, the legal fraternity and the Project Committee regarding the 'MPL in the context of the SA Constitution'. You may forward your queries to him directly via us alinaam@alinaam.org.za

Members present at the First Discourse: Moulana Haroon Abbasommar Saheb (Chairman) Mufti Ebrahim Desai (Madrasah Camperdown), Moulana Ahmad Suliman (Jamiatul Ulama KZN), Moulana Yusuf Patel (UUCSA), Moulana Yunus Patel (Jamiatul Ulama KZN), Moulana Yunus Osman (Jamiatul Ulama KZN), Moulana Shabbir Kazi (Jamiatul Ulama KZN), Shaykh Irshad Amod, M S Omar, A R Kazi, Yusuf Desai, Abu-Bakar Asmal.

Present at the second Discourse: Moulana Abbaas Jeena (Jamiatul Ulama Transvaal), Mufti Ebrahim Salejee (Madrasah Ta’leemuddin), Mufti Muhammad Sa'eed Motara (Darul Uloom Azaadville), Mufti Ebrahim Salejee (Estcourt), Moulana Mahmood Madni (Madrasah Camperdown), Moulana Haroon Abassommar (Madrasah Camperdown), Moulana Yunus Patel (Jamiatul Ulama KZN), Moulana Shabbir Saloojee (Darul Uloom Zakariyyah), Moulana Abdul-Kader Osman (Raisethorpe Musjid), Mufti Muhammad Ashraf (Jamiah Mahmoodiyah, Springs), Mufti Ebrahim Desai, Moulana Asad Haffejee, (Madrasah Camperdown) Mufti Muhammed Minty (Jamiatul Ulama Transvaal), Mufti Zakariyyah Pandor (Jamiatul Ulama Transvaal), Moulana Muhammad Ilyas Patel (Madrasah Ta’leemuddin, Isipingo Beach), Mufti Abdus-Samad Desai (Islamia School, Pietermaritzburg), Moulana Shuayb Joosub (MMAL), Moulana Muhammad Hashim (Madrasah Camperdown)

Attorneys Present: Iqbal Ganie (KwaZulu-Natal Law Society), Saber Ahmad (Human Rights Media Initiative), AR Kazi, Ebrahim Desai, Abu Bakr Asmal

   

Last modified: July 19, 2007


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