Muslims in South Africa: Origins, Struggles and Achievements (Part Four)

The classification of Muslims into racial groups under apartheid resulted in the emergence of ethnic identities.

South Africa is a secular state with active interaction between the state and religious organizations. Some Muslims have welcomed the changes that have resulted from the new political dispensation in South Africa. They applaud the space provided by democracy for diverse political and cultural expression, economic and educational opportunities and social interaction.

The Islamic Medical Association is one of the organizations that has responded to the invitation to religious communities to enter into partnership with government on national developmental issues. It is involved with government in the AIDS awareness program.

Others are apprehensive, skeptical or disillusioned. They are critical about increase in crime, lack of access to tertiary institutions and fewer employment opportunities as a result of affirmative action, corruption and nepotism in government, and the liberal attitude of government to what they consider to be vice and immorality.

Supporters of government, while acknowledging this criticism, have put their trust in the African National Congress (ANC) and believe that it will eventually resolve its current contradictions and difficulties.

Many seem to be in a dilemma and are still seeking answers to a number of questions: What is the most effective means for Muslims to attain their civil rights? Which political party is most likely to protect the civil rights of all citizens? Should Muslims articulate their aspirations independently, as members of political parties or in conjunction with other faiths?

A few such as the Qiblah and its ally, the Islamic Unity Convention, remain uncompromisingly opposed to the current political dispensation in South Africa on ideological grounds.

Those who support government unconditionally also identify with the government's foreign policy. They support the allies of government, e.g. Libya. Those who are opposed, take an independent line. A good example is their support for the Hamas rather than the Palestine Liberation Organization which has enjoyed a close alliance with the African National Congress for many decades. This diversity is likely to manifest itself in tensions between the two groups in the near future.

The current political discourse among Muslims is allied to the issue of Muslim identity in South Africa. The classification of Muslims into racial groups during the apartheid era resulted in the emergence of ethnic (Indian, Malay, African, etc) and linguistic identities. The new democratic order has compelled them to reassess their identity.

Some insist that their South African identity should be paramount; others are proud of their ethnic identity and still others see themselves simply as Muslims. The promotion of the African Renaissance, too, is likely to impact on Muslim identity. It can be expected that the majority of Muslims will eventually settle for a multiple identity.

Muslims have expressed concern about the Anti-Terrorism Bill which is expected to be passed in parliament soon. The bill was conceived ostensibly to deal with the threat of urban terrorism. There is little doubt that it was aimed primarily, though not specifically, at the People Against Gangsterism and Drugs (PAGAD) who are suspected (and whose leaders have been just convicted) of involvement with the murder of gang leaders in the Western Cape.

There is general concern that the bill, despite being well-intentioned, will lead to the arrest of Muslims primarily on mere suspicion of support for terrorism and curtail humanitarian assistance to groups identified as "terrorist". The way in which anti-terrorism legislation has affected Muslims in the main is seen as a precedent for similar developments in South Africa.

The recognition of Muslim Personal Law is another current issue of debate. Up to the present day, South African law recognizes only Christian marriages solemnized by the Church. Muslim marriages have been denied recognition specifically because they were considered potentially polygamous. These marriages have had to be validated by being solemnized by a marriage officer. The South African Law Commission's offer to recognize Muslim Personal Law in 1987 received a mixed response.

While some sectors of the population welcomed the offer, others rejected it, viewing it as an attempt by the state to co-opt Muslims (Dangor). The South African Law Commission under the ANC-led government has now made the same offer. The Muslim Personal Law Board established in 1993 was subsequently dissolved because of irreconcilable differences among its constituencies. The Law Commission has now released an issue paper entitled "Islamic Marriages and Related Matters" in May 2000 and invited comments from Muslims on the proposed legislation.

The Association of Accountants and Lawyers for Islamic Law have held several workshops on Muslim Personal Law and submitted comments to the Law Commission. Other stakeholders in the community have also debated the issue. While the majority of Muslims are inclined to accept the offer, believing that it will accord women greater protection of their rights, many reject it on the grounds that there are substantial differences between provisions of the proposed bill and Muslim Family/Personal Law.

Still others are of the view that the constitution should guarantee special institutional protection for faith communities. Given the fact that the attitudes of traditionalists and secularists have largely remained unchanged, and that some academics and politicians prefer Muslims to accept a uniform civil code, it is not clear be surprising that the project will be abandoned (Cachalia).

Another major challenge for Muslims is race relations, within their own ranks and in general. African Muslims who have been complaining for the past several years that they are being treated like second class citizens by Asian Muslims established the Organization of African Muslim Unity in 1997. Its declared objectives are to simplify Islam to make it accessible to a wider cross-section of people, and the greater involvement of African Muslims in improving their own position in society (New African…).

Some African Muslims have alluded to the formation of a South African chapter of the Nation of Islam. Recently, the Group of Concerned Black Muslims presented a petition to the state president's office in which they accuse Asian Muslims of racism and subjecting Africans to slave-like conditions. They even requested the South African Human Rights Commission to probe their allegations of ill treatment by Asian Muslims. One of their major complaints is that leadership and resources of Muslims in the hands of Asian Muslims and that the latter refuse to share these with African Muslims (Angry African…).

Coupled with this is the objection by African Muslims to the imposition of what they call "Indian Islam" on reverts to Islam. By contextualizing Islam, they seek to develop an indigenous South African Islam which takes into account the socio-economic and political realities. The first inclination toward indigenization manifested itself in the emergence of the Murabitun who draw their inspiration from North Africa, particularly from Morocco.

The Darqawi tariqah was embraced with much alacrity and enthusiasm. Recently though, the Murabitun seem to be favoring the popular Turkish Mawliyyah tariqah. Nonetheless, a syncretic form of Islam is already emerging among the non-Murabitun Muslims. This is especially the case where all members of the family are not Muslim. The traditional nikah is combined with features of African tradition. The same is true of funerals; the deceased would have the "benefit" of both Muslim and African traditional funeral rites.

The World Conference on Religion and Peace, the primary inter-faith body in South Africa does have a few Muslim members. At one stage it was headed by a Muslim. In general, however, there is little support for inter-faith activities in all the major South African faith traditions. Some Muslim parents favor a multi-faith religious education curriculum in public schools.

However, many are disinclined and prefer a single-tradition model where learners would be exposed only to their own specific faith. The state's establishment of a multi-faith leadership group to work in partnership with government may inspire greater interest in and involvement with multi-faith activities.

The theological councils in each major region of Muslim concentration cater essentially for the majority : the Muslim Judicial Council caters for the Shafi`is^[1] at the Cape, the Jamiatul Ulama and Sunni Jamiatul Ulama cater for the Hanafi majority in Kwazulu-Natal and the former Transvaal. While those who feel excluded have expressed some dissatisfaction, the Councils have shown no inclination to change their present orientation. The arrival of recent immigrants, many of whom are Malikis from North and West Africa, is bound to compel the councils to become more inclusive.

The South African government's relationship with Muslim countries could influence the attitude of its own Muslim population toward the current regime. Its unwavering support for the Palestine Liberation Organization which provided training to ANC cadres involved in the liberation struggle is not approved by many Muslims who view the PLO as a corrupt, morally-bankrupt organization. Likewise, the country's close ties with North African states such as Algeria (with its history of civilian massacres) or oil-producing states such as Saudi Arabia (with its intolerance of dissent) is not always appreciated.

While "brother leader" al-Qaddafi may be a hero to some Muslims, many others view him as an impulsive, enigmatic character.

Nonetheless, there seems little likelihood of any Muslim party gaining the confidence or backing of the majority of Muslims in the immediate future. One alternative that is being contemplated in some circles is the establishment of a lobby group which would ensure that the Muslim voice is at least heard in fora where important political decisions are tabled.

Sources:

• Angry African Muslims want to go it alone. Sunday Tribune, 9 March 1997.

• Cachalia, F. Legal Pluralism and Constitutional change in South Africa : the special case of Muslim Family Laws (paper delivered at the Seminar on the Approaches to the Study of Islam and Muslim Societies, University of Cape Town, 17-19 July, 1991), 1-2.

• Dangor, S. E. The Muslims of South Africa : Problems and Concerns of a Minority Community. Journal, Institute of Muslim Minority Affairs, 13, 2 (1992), 124.

• New African Muslim body launched. Sunday Tribune, 4 May 1997.

** Dr. Suleman Dangor is a professor of Islamic Studies and the Academic Coordinator in the School of Religion and Theology, University of Kwazulu-Natal.

[1] In Sunni Islam, there are four major schools of jurisprudence: the Shafi'i school, the Hanafi school, the Maliki school and the Hanbali school