South Africa Muslim Charter

Posted: December 22, 2010 in Contemporary, Social
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Shaikh Yawar Baig Sahib wishes to know why there is a sudden need for a SA Muslim Charter.

The Charter is the first step towards a so-called unified body which will eventually seek to represent South African Muslims. Let’s discard the fluff and focus on hard issues. There are three worrying clauses in the Charter.

We will, Insha-Allah, analyse one of the clauses presently.

There is nothing wrong in having a unified body speaking for all Muslims of the country. The problem is that the body should be more concerned about the welfare of the Ummah than the need for lip-service unity.

The Charter has been drafted by a majority of liberal Molvies. This is a given fact. This statement is born out by the fact that 99 % of the present authors of the Charter are in favour of the MPL Bill. 99 % of the Ulama bodies involved in the drafting of the Charter are heavily involved in the lucrative “Halaal” industry. Not a single one of any of the signatories of the Charter, to the best of our knowledge, has protested publicly against SANHA’S “Halaalizing” of Israeli products. In fact, the Fordsburg Jamiatul-Ulama fully blesses the back-stabbing and treachery of our Palestinian brothers by SANHA. Even the Muslim Lawyers Association has, again to the best of our knowledge, remained strangely silent. Perhaps they do not wish to be seen as opposing the Ulama. Within the Shariah boundaries, any reasonable person will be suspicious of the underlying motives of the authors of the Charter.

What could the motive be? Perhaps the authors mean well. Allah knows best. Perhaps they wish to seek a mandate that they are the representatives of all South African Muslims. This is more plausible. At first there was an attempt to hijack the Ulama fraternity with the deceptive “Jamiatul-Ulama South Africa”. Posters were issues by the Fordsburg Jamiat fraudulently, illegally and criminally depicting them to be a registered entity. Public funds are now being used to go to court for a lie which the Jamiat had peddled. The Jamiat is a chief motivator of the Charter

When the JUSA TRICK failed, UCSAA was promoted PUBLICLY to be the official “all-inclusive” body representing the Muslims. This too has flopped as the vast majority of Muslims in KZN and the previous Transvaal do not want to be associated with grave-peer-worshippers from Natal and some of the MJC standing-and-urinating-non-Istainja-ing clique.

The same gang now has roped in some well-meaning sincere Muslim lawyers in order to give some oomph to their agenda. And so we have the proposed SA Charter, laced with candy floss, bankrupt with issues of Imaan, blind to the genuine welfare of the Muslims and the Ummah.

The South African Government has a problem in that the Muslim community does not have a single unified body with whom the Government can liaise. One can commiserate and sympathise with the Government. It indeed must be laborious to gather a hundred different organizations every time there is a need to sound out Muslim views.

The Government, for instance understands the need to consult with the Muslim community if they wish to send troops to Somalia. Common sense dictates that the Muslim Community will be unhappy with our troops being placed in harms way. The body bags returning will cause us Muslims to be the focus of a certain local backlash with unpredictable consequences. The Charter circumvents the need for effective serious consultation by Governement with us. Thus, it states:

Furthermore there is a need for greater co-operation among South Africa’s Muslims, and a desire for mutual recognition between the South African Muslim community and other South African communities and, in line with African Union’s ideals and values, between the South African Muslim community, the rest of Africa, the Muslim world and international community in general.

What need is there for us South African Muslims to have a desire to fall in line with the African Unions ideals and values? The Union has a short history which has proven that it is nothing but a vessel to impose American and Western values. No, brothers there is something very sinister about this Charter which seeks credibility by deceptively citing a Charter of Rasulullah Salallahu alayhu Wasallam out of context. The African Union has already decided to contribute troops to fight Amercia’s war against the Muslims of Somalia. If the Charter is adopted, there will be no need for Government to even consult with us. Muslims would have, after all, surrendered their rights by adopting the Government as their representative and their Guardian. “In line with Afirican Union’s ideals and values” is indeed where the Devil lies.

Similarly, the International community allows Israel to continue its oppressive policies against the Muslims of Palestine. Already we have the utterly deplorable situation wherein the Fordsburg Jamiatul-Ulama blesses SANHA’S dealings and “Halaalization” of Israeli products. Opposing this dastardly stance will be ultimately in vain as the Charter makes provision for greater co-operation with the international community in general. Even a blind man can see the midwife Shaytaaniyah in the delivery room where this Charter was conceived. In line with international communities ideals and values includes homosexuality, gender equality, lesbianism, powerful nations oppressing the poor, stealing the resources of poor nations, demanding subservience to puppets Governments, the so-called war on terror, wars that have killed millions of Muslims in Afghanistan, Iraq without any accountability by the international community, renditions, brutal torture, the wholesale theft of Palestine, the destruction of Al-Aqsa- in short – the Charter wishes to very, very subtly, by accident or design promote the Deen of Dajjaal.

We , the Jamiatul-Ulama Gauteng are, Insha-Allah, not prepared to charter way our sense of humanity nor the soul of Islam nor the Imaan of our offspring.

To be continued, Insha-Allah.

Subject: Fwd: FW: comments: Draft SA Muslim Charter – Comments by Shaikh Yawar Baig Sahib

My dear Maulana

As salaamu alaikum wa rahmatullah

The main issue seems to me to first ask the question: Why do we need this charter?

South African Muslims have been living for generations, perfectly happily with people of other religious and ethnic groups. So why this sudden need of a charter?

Written documents have a life and identity of their own. They can and will be interpreted. They can and will be attacked and will have to be defended, thereby tying you up in even more knots. So one must ask, ‘Why do we need this charter? What is the goal we are aiming to reach by means of this charter? What is the benefit that the Muslims of South Africa (they are your primary constituents) will derive from this charter?’

Once these questions have been satisfactorily answered can we even begin to think about what should be in such a charter. Until then to talk about the charter is premature.

On another note, it may be a good question to ask (and look around to see) if any other community, ethnic or religious group in South Africa is writing charters to live by with respect to dealing with Muslims. If not, then one should ask why the Muslims feel this need?

We live in a world where the perpetrators of apartheid go scot free. Those committing mayhem and murder at will to the tune of numbers which have lost all semblance of meaning go unquestioned. The deaths of people in natural disasters make the headlines. But when ten times that number are murdered in the name of giving them freedom, it does not even merit two minutes silence.

If a charter must be written then let it be written for those who are committing such crimes to show them how to live in this world and to remind them that a day of reckoning will come for them when they will stand before their Creator and the one they murdered will ask for what crime he/she had been killed. Let them prepare to answer that question.

May Allah give us all the Tawfeeq to do what is pleasing to Him.

Was salaam


Re: Comments on the Draft SA Muslim Charter

I have studied the proposed charter and submit herewith my comments. I am sending this to everyone listed on the website to ensure that it is duly received by all.

I do not believe that the objective that motivated it has been stated transparently, and if it has, it indicates extreme confusion in the minds of those who are behind this.

The Charter of Medina was a treaty, for want of a better word. It stated duties and responsibilities between independent communities (Muslim and Jewish primarily) living together. It laid down the code of conduct of different independent groups and implied in this is a termination of the agreement should either group violate its terms. It was done from a position of authority, a position of power which would ensure that the agreement could be enforced, and that violation of it would meet with severe consequences. It bound people.

This proposed charter does not qualify to be mentioned in the same breath as the Medina Charter. We are subjects of a state, and bound by its rulings. Everything we do or say is irrelevant because it must be sanctioned by those we are subject to. A charter, to be truly inspired by the Medina Charter, must reflect the intentions of free people and this we are not. Our first step must be to form a charter to achieve true freedom.

Of great concern is the fact that a charter such as this could be used in the future to misguide Muslims. Actions could be taken with claims that it was “sanctioned by the Charter” or “in keeping with the charter”. The charter could be used as a substitute for our real charter, the Quraan and Hadith, and in time, the Quraan and Hadith may be ignored completely.

The true Muslim already has the best possible charter, we do not need another. Anyone who wants to understand Islam or understand us with a view to interacting with us should look no further than the Quraan and the Hadith.

I shall go through some of my concerns.


This charter aims to outline the essential principles of Islam which will contribute to a better understanding of the Muslim community, as well as lay the foundation for its interaction with the broader South African society.”

So, what new does this Charter add? Is the purpose of this charter to teach others about Islam? This was not the purpose of the Medina Charter.

If the purpose is to propagate Islam, then that should be done and needs no “charter”. This Charter falls grossly short in explaining Islam so cannot be used for that purpose. It therefore misrepresents the essential principles of Islam since our first obligation is to free ourselves from subjugation to man. We cannot pick and choose what constitutes Islam or what constitute its essential principles. There are millions of books on the subject, and one could refer people to IPCI.

However, there are contradictions in this document that should make any descent Muslim extremely wary.

The starting point of every Muslim is the Quraan and Hadith. Should we make our own laws, and get others to follow us, we become no different from the Rabbis and monks that Allah SWT teaches us about in the Quraan. The Jews and Christians worshipped their rabbis and monks by following them, instead of following the true teachings of Allah.

Al Qur’aan Surat-at tauba, 9:31

They (i.e. Jews and Christians) have taken as lords besides Allah (by obeying them in things which they made lawful or unlawful according to their own desires without being ordered by Allah) their rabbis and their monks and the Messiah, Mary’s Son, when they were bidden to worship only One God (Allah). None has the right to be worshipped except Him. Be He glorified from all they ascribe as partners unto Him.

Should anyone attempt to do the same through a “charter”, the effect is no different and every Muslim should oppose this.

We may not make any ruling or guide that is contrary to Allah’s teaching.


“The Muslim presence in South Africa demands a framework of citizenship based on justice, equality of rights, and recognition of Muslims as a religious community in its own right.”

This is openly stating that Muslims ARE a separate group, and a distinct one at that, and that we plead (from a position of absolute weakness) to be recognized as such, and hence we will be treated differently in certain matters, such as our refusal to accept the Constitution as the supreme law while living within the territory. This is not compatible with a single status of citizenry. In fact, a completely common citizenship negates the possibility of a truly separate Muslim identity. We are only allowed that semblance of an identity which the SA law sanctions, an entity defined by man, not Allah.

If the objective of the Charter is to declare our independence, just as the Medina Charter was a manifestation of their autonomy, then good luck. No one will buy it. But I do not think this is at all its objective. On the contrary, it seems to be declaring out total capitulation and subjugation to the SA constitution. That is not Islam.

“Article 3 – Sanctity of Life

We uphold the sanctity of life irrespective of race, religion or ethnic orientation.”

This seems to parrot the SA Constitution. Allah does not uphold sanctity of life “irrespective”. The death penalty applies. Period. No charter that attempts to change this fact can be condoned by true Muslims.

There is something that needs to be understood. A Parliament that makes its own laws is forbidden in Islam. To obey its laws is shirk. A Muslim may only obey the law of Allah (SWT). If he is forced to live in dar-al harb, he complies with the minimum requirements of the laws under duress, and avoids them as far as possible, such as resolving disputes privately and not using the courts which apply man-made laws.

The constitution insists that it is the supreme law of the land

Chapter 1 part 2 Supremacy of the Constitution.

“This Constitutuion is the supreme law of the Republic”.

There is no exception!

This charter is making it a fard that a Muslim will obey the constitution (making him a proclaimed kafir) by declaring

“Article 13

We recognize the laws of the country in which we live …”

Does “recognize” mean “noting but not implementing”, or does it mean “formally accepting”. I suspect the latter as this parrots Isreal’s demand to be “recognized”.A Muslim cannot do this “…without compromising our religious principles.”

We cannot “recognize” the Constitution and

“Article 2

…worship no-one else except the Almighty Allah and demonstrate this consistently in all our daily actions”

at the same time. We either recognize and adopt the constitution and abandon tauhid or follow tauhid and reject the supremacy of the constitution. We cannot do both at the same time.

“Article 7

The Muslim is bound by the testimony that: “There is no deity but Allah alone and that Muhammad (s) is the final Messenger of Allah” and not by any geographic, national, ethnic or racial considerations.”

This sounds pure nonsense when read together with the title of “Draft SA Muslim Charter”, Inherent in this title is the identification and recognition of the division of the world into tiny Bantustans, with SA being one of them. The Muslim only recognizes Dar al Islam and Dar al Harb, the third, the place of safety, in the modern era is pure fiction to justify our submission to non-Muslim forces. A Muslim is always the target of the anti-Islam forces, (Allah AWT has made this abundantly clear) the same forces that control the economies of the major part of the world and who are the driving forces behind the formation of a single world government. We can never be truly “in safety” unless we abandon Islam. We abandon Islam when we abandon Tauhid, ie recognizing and submitting to man made laws created by a Parliament.

There is no separate entity called the SA Muslim. This is a dangerous fabrication which serves to entrench division within the ummah, not unite us. There is only one Muslim ummah. We cannot have a “Draft SA Muslim Charter” and not be bound by “geographic consideration” at the same time.

Article 16

We shall reinforce the family as the key social unit of society and promote harmonious familial relations and values

How, may I ask, is this possible for Muslims in South Africa? There is no sanctity of the family under SA law. The State President (ie the government) is the upper guardian (read head) of every minor in terms of SA law. The child must obey the SA law above the guidance of the true head of the family (the father). A “family” as the building block of society is based on the values of that family being independent and inviolate. It is not a “physical entity” as much as a “value based entity”.

Making such proclamations suggest ignorance or intent to deceive, neither of which inspires any confidence in the reader.

How do we “reinforce” this? By disobeying the law and insisting on the father being the head of the family? Is this Charter a declaration of war against the law of this country? I do not think so. So this statement is meaningless and irrelevant at the least, but highly misleading as it cannot be put into practice. What is the point of making a big issue about “the family as the key social unit” if the law that applies within it is the man-made SA law, and this body of laws sanctions promiscuity, abortion, and facilitates divorces?

Article 19

We shall honour all covenants.

What covenants are we talking about and who is “we”? We are not competent under SA law to enter into any covenant that is contrary to the law or not sanctioned by the government. Under such restrictions, what is the point of making this claim, unless the objective is to try and bind signatories of this charter to obeying the tenets of SA law, which, if we did, would amount to a formal declaration of abandoning Islam by abandoning tauheed.

We, as a distinct community, are not competent to enter into any relevant international covenant. That is the sole prerogative of the government. The Muslim community is part of the citizenry of this country. We are not independent in any way or form.

All private agreements are private affairs. No one can make a pledge on behalf of the entire ummah. If anyone did, they are obliged to compensate every person who lodges a claim because of being disadvantaged by a Muslim failing to honour his private covenant. Who will bear this cost and responsibility? If this promise is not intended, that what is the point of this pledge?

We return to the relevant questions, who is “we”, what covenants are we talking about, what is meant by these being “honoured”, who will ensure that they are and who will pay compensation in the case of default.

Without clear answers to these questions, this statement is irrelevant. As subjects of the SA government, we are judged by its laws, and enforcement of contracts done on its terms and conditions. What we say is irrelevant. The charter cannot be used by anyone against anyone in a court of law. This claim is meaningless.

It only has merit if it is a claim made by free people, so that this claim may be held against them should the need arise.

Article 22

We acknowledge the necessity to reduce carbon foot print

Any scientist with half a functioning neuron will confirm that the solar system undergoes cycles of heating and cooling, and we are in a normal “warm going into a cool cycle”. It is the sun that dictates the planetary temperature, not the level of carbon in the atmosphere. All the planets in our solar system are experiencing a normal cyclical rise in temperature, not ours alone.

The carbon lie is bogus and the criminally lying “scientists” who falsified data to fabricate a case of global warming due to carbon levels in the atmosphere were exposed when their e-mails were accessed and disclosed publicly.

No informed person accepts carbon as a cause of the current transient rise in the temperature of the Earth. Volcanoes put out more carbon that all man made output many times over with no effect of planetary temperature.

The bogus carbon threat was created to justify new taxes. No, I do not “acknowledge the necessity to reduce carbon foot print” and the Muslim community must not proclaim its sheep-like slavery to western indoctrination by proclaiming itself a champion of this lie.

What purpose can this document really serve? May be the answer lay here


“…and their integration into South African society,”

Muslims can never integrate into a non-Muslim society. Why? Because our Nabbi SAW told us not to … for reasons inspired by the Almighty.

Is this the nuts and bolts of this exercise; to clandestinely promote Muslims abandoning Islam and becoming one with a jahiliyya society, and this done through the “noble” objective of being truthful by keeping ones covenant with this document?

This project raises more questions than I care to think about. It does nothing constructive for Islam. It is misleading and contradictory in its stated objectives and stated principles.

It appears to abuse the Medina Charter by mentioning it together with this document. They are as different as chalk and cheese both in background and objective.

We as Muslims do not need something like this. I will go further and say we should oppose this with all our might and vigor.

Is this charter in response to the “war of terror” being waged against Muslims around the world? Is its objective to show that the Muslims of this geographical area are firmly behind those spearheading these wars and that we must not be seen as a threat in any way?

No Muslim would go down this path. We are at war with these enemies of Islam just as they are at war with us and this statement that I make is in keeping with that made in the Charter of Medina. We do not accept what is being done to our brothers and sisters and we do not abandon them for our temporal benefit.

Some things are best left unsaid until the time is right for them to be proclaimed. That a Muslim cannot accept the Constitution and still remain a Muslim must not be advertised and create unnecessary problems. We need not bring in the open our total support for our mujahideen around the world. Similarly, we must not follow those who deceive Muslims into formally adopting practices of shirk.

I get a strong feeling that those creating this document are what has become known as “modernist” whereby we abandon Allah’s teachings in favor of our own fanciful creations and within these “creations” we justify our “integration” with jahiliyya.

I do not support this document.

I do not believe its initiators are transparent in their objective.

I find it offensive to the true teachings of Islam.

Dr Nassim Kamdar.

Issued by: Jamiatul Ulama Gauteng


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