MJC TALAAQ SHENANIGANS
CONDONING ADULTERY – Corruption piled on corruption
A SISTER FROM CAPE TOWN EXPLAINS THE FOLLOWING BIZARRE EPISODE:
“I have a situation where a husband uttered talaaq to wife thrice in one sitting approximately 20 years ago and on the same day reconciled with the wife. In fact, he gave his wife twelve Talaaqs – 4 X 3 on different occasions.
On 29 January 2016 the wife wrote out on paper that the husband (using his full name and surname) hereby talaaqs x3 the wife (using her full name and surname) effective on the above mentioned date to be verified by the MJC. The husband knowing fair well what he was doing signed the paper and the wife also signed. The husband took a picture of the paper. The wife then stole the paper and stated its not valid.
On 27 April 2016 the wife went to the husband’s work and put up a huge performance. The husband, in order to get her away from the work-place left with her and ended up at a shopping mall. The wife stated that if husband no longer wanted to be with her then he should utter talaaq. The husband then stated talaaq to her three times again.
After he uttered it, the wife screamed that she doesn’t accept it and tried driving the vehicle into the shopping mall.
The couple had an appointment with the Ash-Shura on the 28 April. The husband informed the Shura via a third party what had transpired at the shopping mall. The Shura advised husband to bring a third party along in case the wife tries to harm him, then the third party could contact SAPS. The morning of the 28 April the Shura contacted husband stating that they received a call from wife informing that she is not available. Husband explained that she is lying and didn’t go to Johannesburg as she claimed because of the incident that happen the previous day.
The husband e-mailed the wife saying he is giving her three talaaqs and no longer wants her near him and will be filing for legal divorce too. The husband sent a copy of this e-mail to the Shura.
On the 29 April the Shura contacted the husband asking that he should confirm that he sent the e-mail the previous day. He confirmed it. A few weeks later the e-mail was deleted from the husband’s phone, and also the Shura couldn’t find the email.
The husband took the case to the MJC and provided them with evidence in an affidavit. MJC stated they would look into the matter. Wife did a counter affidavit stating that she will only admit to one talaaq and that they had reconciled. Wife convinced husband to do another affidavit saying he was placed under duress when doing the initial affidavit.
MJC has told a third party that according to evidence that they have, the husband has irrevocably divorced the wife. The MJC then tells the husband that they have lost his file and that he must appear in ‘shariah court’. And according to the wife the MJC says according to shariah they are still married because the husband did not follow procedure. The man says that he follows the MJC who says that his nikah is still valid although several Muftis have declared that the marriage has ended a long time ago.
Can mufti please explain the errors that have occurred from all involved. Also explain according Qur’an and Hadith if the couple are still married and the punishment of living in sin. Bear in mind that the husband married someone else and a baby came from that marriage. The so to say first wife is still the ‘legal’ wife and has made it known that if husband dies the baby will get nothing. Husband believes first wife and has not tried to fix up the situation because he believes that the MJC is law. What punishment is there if your will is not in accordance to Allah laws and can his ex-wife inherit anything because he refuses to change his will?
The husband took copies of his affidavit to the MJC in March of this year, and to date when the husband has contacted the MJC it was said that his file went missing then it was again said that his file is at ‘shariah court’. Thus far no progress has been made regarding the matter and subsequently whenever he contacts MJC the sheikh dealing with the matter, sheikh Yazeed Gamieldien is never available.
What I do have in my possession is the affidavit he handed to the MJC and the letter she (the ex-wife with whom he is still living) wrote in January 2016 in which he had given her the talaaq with both their signatures on it. I am sending copied to you.
I need to add that I was the “second” wife, but because of the mental abuse of this woman I made khula’ which my husband accepted. But MJC said it’s not valid, and when he issued talaaq they said his talaaq is valid. I’m prepared to give an affidavit regarding my khula’.
In exchange for my mehr, my husband agreed to the khula’. He accepted the mehr, but an hour thereafter he issued Talaaq. Now the MJC says that the khula’ is not valid, but the Talaaq is valid. He therefore has the right to revoke it. According to the MJC I am still in his nikah. But I do not accept the MJC’s view.
We have discussed remarrying but I cannot have this woman back in my life again for things she has done previously and based on the fact that I know he is living in haraam with her and I’m afraid that Allah’s punishment will fall upon me also if i leave matters as is.
Each time you go to MJC you have to pay a R50 to consult with one of the sheikhs. I was there twice, and had to pay R50 for each visit. You also have to pay for a talaaq paper which is R350. What I don’t understand is that my brother approached them also last year and he had to pay a R350 for his first visit. Then after his ex-wife’s iddah he had to pay R350 to get the Talaaq certificate.
Their price might have increased for this year. They have this huge notice on the wall in the second waiting area regarding the price list. On the receipt that is handed to you it is marked as donation. I will look for the receipt and take a picture and send it to mufti.
Many Sisters have been going to the MJC’s office for many years without their matters being finalized. Please state the Shariah’s laws regarding all these issues.
OUR COMMENTS AND THE SHARIAH’S RULINGS
(1) The man’s marriage ended 20 years ago when he first gave three Talaaqs. The three Talaaqs are irrevocable. The marriage has ended for all time. There is no scope for reconciliation.
(2) For the past 20 years, since the ending of the marriage, the couple has been living in the state of adultery.
(3) If any children were born subsequent to the three Talaaqs, they will be illegitimate, and will not inherit in their biological father’s estate.
(4) The nine additional talaaqs the man had uttered were all nonsensical. Firstly, issuing Talaaq to a woman who is not the man’s wife is baseless, having no validity. Secondly uttering talaaq more than thrice is stupid futility and drivel.
(5) Your Khula’ is 100% valid. The moment your husband had accepted the return of the mehr in exchange for your freedom, theKhula’ became effective. Khula’ has the effect of one Talaaq Baa-in which irrevocably terminates the Nikah. The man cannot revoke it.
(6) What the MJC said about the invalidity of the Khula’, and the validity of the talaaq issued an hour after the Khula’ is pure bunkum which only juhala (ignoramuses) are capable of disgorging. The MJC is an expert in only halaalizing carrion and collection millions of rands of haraam boodle in its haraam, satanic carrion certifying industry. As far as the Shariah is concerned, the MJC characters are shockingly ignorant.
(7) Advising the man that despite his ‘12’ talaaqs, his marriage is still valid, is pure satanism. They are liable for perpetuating the man’s life of adultery, and for any illegitimate offspring during the 20 years of adultery in which the man and woman have been living and are still living.
(8) Even if a husband fails to adopt the Sunnah procedure of issuing Talaaq, the irrefutable fact is that Talaaq is valid regardless of procedure. This is the unanimous fatwa of all the Fuqaha of all Math-habs. Whilst not adopting the proper procedure for issuing Talaaq is sinful, it does not detract from its validity. The Talaaqs remain valid. But the molvis and sheikhs demean and disgrace themselves with their haraam, baatil trash ‘fatwas’.
(9) The so-called ‘consultation’ fees and the Talaaq fee and similar other fees are all haraam acts of usurpation. It is parasitical usurpation. They are squeezing blood out of stone from the many Sisters whose marital issues the MJC is hopelessly incapable of resolving.
The fees are haraam. All these haraam fees are in the category of riba. They should hang their heads in shame or disappear from the scene for their callousness. What a disgrace! Charging Sisters R50 for a visit and charging a Brother R350 for his first visit, then again R350 to issue a talaaq certificate – a piece of paper costing 10 cents – speaks volumes for the monetary lust of the MJC characters.
Although the MJC earns in excess of R20 million annually in their haraam carrion certifying industry, their greed and avariciousness constrain them to extravagate haraam money from suffering Sisters and Brothers who come to them in their times of grief.
(10) The inability of the MJC to satisfactory resolve marriage issues even after having received annulment application years ago contributes to the fact of women in Cape Town seeking aid from the kuffaar Women’s Legal Centre. The Shariah has clear answers for the problems. Although the MJC claims to be a body of Ulama, they fail to finalize Faskh cases even after years. It is consultation upon consultation with fees compounded. Their conduct is disgraceful and in flagrant conflict with the Shariah.
(11) There is no Shariah Court available. The so-called ‘shariah court’ of the MJC is a stupid kangaroo court. These people are wholly incapable of operating a shariah court. How is it possible for such juhala who maintain the validity of a nikah after a scoundrel disgorged 12 talaaqs in four different sessions, to operate a shariah court? How is it possible for such molvis and sheikhs wallowing in such compound jahaalat which constrains them to display their total ignorance of the simple masaa-il pertaining to Khula’, to operate a shariah court? Their ‘shariah court’ is a massive deception for bamboozling an ignorant public. Even lay people such as this Sister has understood the shenanigans of the MJC mudhilleen about whom Rasulullah (Sallallahu alayhi wasallam) said:
* That he fears most for his Ummah the aimmah mudhillen, i.e. such fake scholars who mislead the masses.
* That such aimmah mudhilleen he fears more than even Dajjaal.
(12) INHERITANCE: With regard to inheritance pertaining to this particular case, the ex-wife with whom the scoundrel is living in the state of adultery does not inherit.
If the daughter was conceived after the termination of the marriage, then she is illegitimate, hence she will not inherit in the estate of her biological father. If this is the case, then this man’s only heir is his son from the wife with whom he had arranged Khula’, if he (this man) has no parents alive at the time of his death.
The kuffaar will whilst legal in kuffaar law, has no validity in the Shariah. According to the Hadith a person who deprives a rightful heir of his/her rightful share of inheritance, will on the Day of Qiyaamah be encased in a steel coffin and cast into the Fire of Jahannam.
(13) Our advice to women is that they should not approach the MJC for any marital issues. Seek an uprighteous Aalim for advice. There is no need for an organization which operates a stupid kangaroo court. Anyhow, in terms of the Shariah, bodies such as the MJC are person’a non grat’a.
18 Muharram 1439 (9 October 2017)