Muslim Views, August 2022

Marikana is a blot on our democracy

MARIKANA is the single post-apartheid event that carries with it multiple scars starkly reminiscent of apartheid-era wounds.

event evokes disparities founded on racism, police brutality, corporate impunity and the complicity of the ANC government. Marikana is the iconic metaphor for South Africa’s injustices, both past and present.

Among all those implicated in the broader tragedy are the mining company SibanyeStillwater (Lonmin’s successor), Cyril Ramaphosa, the National Prosecuting Authority and the ANC government. Their respective roles are all sources of justifiable discontent for the mineworkers and their families.

However, the Farlam Commission too stands out as obscuring findings that were too controversial to confront.

Among these is the finding relating to the charge of ‘toxic collusion’ between Lonmin, ANC politicians and the police, resulting in the premeditated shooting of the mineworkers. Given the evidence uncovered,

this issue remains contentious.

In addition, the commission had evidently failed to appreciate the gravity of the social, economic and cultural dimensions of the striking mineworkers’ plight. Instead, it adopted a narrow, legalistic approach that obscured major underlying social justice and economic issues relevant to the massacre.

The tragedy is compounded by a decade-long process of deliberation in which the government was compelled to accept some liability for the massacre. Judicial commissions of inquiry are reasonably expected to pave the way for justice and accountability but the record shows they don’t.

Looking ahead, the sustained tragedy of Marikana is equally ominous for all South Africans. This single event offers a classic historical, and a postapartheid demonstration that the ANC has neither a plan nor an intention to seriously address challenges of poverty, unemployment and inequality.

Marikana is among our country’s most powerful reminders that the people of South Africa must assert their will to find their way.

Mgcineni ‘Mambush’ Noki, also known as ‘the man in the green blanket’, and the symbol of the ongoing struggles of the Marikana miners and their families, is featured on this iconic banner of a Right To Know campaign meeting held on Saturday, September 8, 2012, at the Central Methodist Church, on Greenmarket Square, Cape Town, in solidarity with the families and comrades affected by the Marikana Massacre, where

striking mine workers were brutally killed by police.

Photo WIKIMEDIA

We must protect our basic beliefs and values

month, a politician, Muhammad

the Khulafa al-Rashidun of

The

should avoid

be tolerated. This is the position that Muslim Views has always adopted. We must also be wary of attempts to exploit sectarian fault lines by anyone, including internal and external forces. The Constitution of South Africa guarantees freedom of religion, speech and association, as well as the cultural, language and religious rights of minorities.

issues,

issues are contentious

likely to foment sectarian divisions. In this instance, the greater concern is that he made utterances that offend the basic beliefs of the Ahlu Sunnah Wal Jamaah. Sunni Muslims unequivocally regard the Khulafa al-Rashidun as the rightly-guided caliphs (leaders) from among the Companions of Prophet Muhammad (SAW), who are worthy of the highest reverence and respect. Any affront to this basic belief is a violation that should not

According to the definition in the constitution, hate speech is not the same as offensive speech. The former is a crime that constitutes an ‘advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm’. On the other hand, the constitution protects the right to freedom of expression even if it may offend, shock or disturb some people. However, the boundaries that South African law provides for freedom of expression are not necessarily consistent with Islamic faith and

practice. Islam condones neither hate speech nor offensive speech. Therefore, all South Africans, including Muslims, must find judicious and prudent ways of navigating the legal and ethical boundaries of free speech so that relations between faiths and sects, and with the broader society are based on mutual respect. And where anyone exercises a right to free speech that offends others, Muslims must respond appropriately. This includes engaging the offending party with the spirit of the Quranic injunction: ‘Invite (all) to the Way of your Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious: for your Lord knows best who have strayed from His Path, and who receive guidance.’ (16:125) In addition, it is important to note that there is compelling affirmation by classical and contemporary Muslim

scholars of the principle of masalih al mursala, which recognises the pre-eminence of goodness and virtue – as opposed to evil and vice – as the ideal of human conduct.

This is a particularly important principle for Muslim media organisations which have an obligation to recognise the sovereignty of moral, ethical and spiritual conduct over public interest in the narrow, secular sense. A Muslim media organisation, therefore, has a higher, more onerous, obligation beyond the universal standard of the ‘common good’ to uphold basic Islamic beliefs and values.

It is on this basis that Muslim Views pursues its mission to use contemporary media to provide information, comment and analysis, and to advocate universal values and social justice. We remain an independent media organisation committed to professional journalism in the public interest.

Muslim Views subscribes to the Code of Ethics and Conduct for South African Print and Online Media that prescribes news that is truthful, accurate, fair and balanced. If we don’t live up to the code, please contact the Public Advocate at 011 484 3612, fax: 011 484 3619. You can also contact the Press Council’s Case Officer on khanyim@ombudsman.org.za or lodge a complaint on the Council’s website: www.presscouncil.org.za

SA’s majestic mosques an open house to celebrate our heritage

MARLAN PADAYACHEE

ECLIPSED by the world’s deadliest virus, COVID-19, that mushroomed into a global health hazard of epic scale, the unique social cohesion and intra-religious campaign of unifying South Africans around the culture of religious harmony and tolerance will see the light of a significant day and come back alive when the doors of the country’s mosques will be opened to everyone on Heritage Day, on Saturday, September 24

The progressive founders of the new, post-apartheid South Africa, led by President Nelson Mandela, unveiled the first Heritage Day on September 24, 1995, a constitutional reform that powerfully recognised the nation’s cultural wealth.

South Africa’s unique crosscultural image was later embellished by Unesco’s recognition of ten heritage sites – famously among the list is Robben Island, as a World Heritage Site, where the country’s freedom fighters were incarcerated in the 1960s until the 1990s during a détente towards democratic order.

Mosques were first built in the Arabian Peninsula. Today, South

Africa and Africa are home to over 422-million followers of Islam, and rank among the top ten of the most beautifully crafted mosques in the world.

The City of Durban, home to three million people of diverse religious persuasions and scores of mosques, located side by side with the turrets and domes of ancient churches and temples, is leading this socio-cultural initiative to popularise the National Open Mosque Day.

The organisers are expecting the city’s oldest mosque, at 142 years – the landmark Jumu’ah Masjid (meaning Mosque of the Congregation) – centrally situated within the multicultural heartland of Dr Yusuf Dadoo (formerly Grey) Street, and dubbed ‘Little India’ because of the prominence and presence of Indians, to be packed to capacity.

Bigger crowds are also expected to visit one of the province’s Top 10 Africa’s exquisite mosques – the Soofie Mosque in Ladysmith – built in 1969, a century after Muslim mystic, Hadrat Soofie Saheb, migrated to South Africa on the back of the arrival of indentured labourers and traders from India in the 1860s.

Here, worshippers and visitors can marvel at the mosque’s architectural

features, like the fascinating filigree stonework, scalloped archways with distinctive turrets, minarets and spires.

Likewise, South Africa’s largest mosque, the spectacle of the Nizamiye Masjid, dubbed the ‘Turkish Wonder’ in Midrand, will be another popular meeting place on the open day, especially said to attract Johannesburg’s dynamic demographics.

Mosques make up landmarks of almost all the major continents, from the Grand Mosque in Moscow, to the historic legend of mosques from Mowbray to Manenberg at the southern tip of Africa.

For many people of other religious groups, joining Muslims on this public holiday is a milestone to be treasured as a rare experience, according to the organisers, the South African Muslim Network (Samnet).

Samnet says it will approach the minister of arts and culture to declare the open day as an annual dateline on Heritage Day.

In Durban, Samnet chairman, Dr Faisal Suliman, said thousands of diverse people from across cities and towns would be welcomed with open arms at the local mosques to foster social cohesion by embracing

the tenets of Islam: ‘Following the inaugural open day, we must begin reconciling the various religions around the common thread of fostering the spirit of understanding religious diversity and multiculturalism.

‘Due to COVID-19, there was no National Mosque Open Day in 2020 and 2021. The 2019 gathering attracted more than 2 000 participants across six provinces from 45 registered mosques.

‘We can recall that the participants had left the mosques with a better understanding of Islam, with a sense of community and much more accurate information about one of the world’s progressive religions, and a mutual understanding and respect that it brings. We also want to expel misconceptions about Islam, and encourage non-Muslims to engage with Muslims,’ he added.

He said invitations have been dispatched to masjids to participate: ‘Samnet is keen for mosque trustees, ulama, moulanas, imams and all mosque representatives to come on board and join the 2022 National Mosque Open Day and spread the word.’

‘This open day campaign is held annually to encourage mosques to open their doors to the public simultaneously on Heritage Day. The aim is to address misconceptions caused by negative media coverage about Muslims and Islam, build and strengthen relations with other

religious groups. We encourage members of the public to get to know their local mosque community.

‘At the time of Prophet Muhammad (peace be upon him), mosques were safe places where communities could gravitate towards. Mosques have the capacity and potential to not only act as places of worship but as a place of education and a community centre.

‘The campaign is not about evangelism and proselytizing but about information-sharing and making information accessible to people of other faith groups,’ explained Dr Suliman.

The initiative is also aimed at dispelling Islamophobia, religious bias against Islam, xenophobia and other religious tensions and issues.

Ahead of the big day, Samnet says it will provide mosque representatives with information and details to host a successful mosque open day, and has called on mosques to complement the national marketing campaign by publicising the event at community levels.

For further information, contact Samnet: info@samnet.co.za; call +27 (031) 207 4223; and visit the website: https://samnet.co.za/site/

Our contributor Marlan Padayachee is a seasoned, award-winning journalist, media strategist and researcher; former political and diplomatic correspondent who also works closely with the Durban Muslim leaders and community, including Minara Chamber of Business.

An attitude of gratitude -

FATIMA ALLIE

RECENTLY, I heard a heartwarming story of a kind and caring married couple. Their neighbours would always say that they are the most helpful of people who often gave unconditionally.

They celebrated all their small blessings in a big way. Nothing got them down. They smiled in adversity. After years of unsuccessfully falling pregnant, they considered opening their hearts to adoption. They asked Allah for guidance. They had enough love and compassion and were willing to share it with a child not related by blood.

They were successful in adopting a little baby girl. They loved this bundle of joy and thanked Allah every day for His blessings on them. A few years later, to their absolute joy and surprise, they fell pregnant and had a baby boy.

What is the lesson that we should take away from this story?

It is simple. This couple was always grateful and thankful for all their blessings. They made a conscious decision to appreciate their blessings. They said that the only difference between a good day and a bad day is your attitude.

What a wonderful philosophy to have. This reminds me of our dearly departed Shanaaz Parker. She too

had an ‘attitude of gratitude’. Before Shanaaz Parker returned to Allah in December 2020, her last wish was the continuation of Hajj: The Timeless Journey.

This is to be realised through the sales of the recipe books, Fusion, Indulge, Innovativ’ and the eight books of the Indulge Recipe Collection. This falls under the banner of ‘The Shanaaz Parker Legacy Projects’. Her daughter, Rehana Parker Sayed, is now leading this project to send deserving hujjaaj on their fard Hajj in 2023.

In 2006, Shanaaz Parker with partners Ramadaan Kareem, Muslim Views and various other sponsors and donors successfully selected 10 hujjaaj from all over South Africa, to realise their dream to perform their fard Hajj through the sales of her Indulge recipe book.

The COVID-19 pandemic has taught us many lessons, one of which is to make meaningful changes in our lives. The panel of Hajj: The Timeless Journey had to make changes, too. After communication with Sahuc, we decided to move our timeline to Hajj 2023. Thus far, we have raised R243 000. It is our niyyah that the selected hujjaaj will receive an all-expenses paid Hajj in 2023, which include air tickets, airport taxes, accommodation, food and spending money.

We make duah that the cost of

the Hajj packages will decrease in 2023 so that more of the selected hujjaaj can perform their fard Hajj. We call on businesses who would like to become part of this project to contact Rehana Parker Sayed via email hajjthetimelessjourney@ gmail.com

Muslim Views and Radio 786 are proud partners to this project.

The panel of Hajj: The Timeless Journey thanks the community for taking the time to send in nominations, and we encourage you to continue to nominate. Do not hesitate to nominate for you may be able to change the life of someone near and dear. All nominations are being screened and saved.

The nomination process is user friendly: Radio 786 has kindly designed an application form on their website www.radio786.co.za

Click on the ‘Hajj: The Timeless Journey’ icon and follow the prompts. Your motivation should be no more than 300 words. A nominee can be nominated more than once by different people. Couples can also be nominated.

Nomination criteria: nominees must be between 60 years and 65 years old; has not performed

Hajj before; has made niyyah to perform Hajj; has applied for Hajj accreditation through Sahuc; has the COVID-19 vaccine; is not able to afford the cost of the Hajj.

Email nominations to hajjthetimelessjourney@gmail.com

We are currently in Phase 2 of our project and have thus far collected almost R243 000. This is due to the overwhelming community support. May the Almighty bless all those who have contributed to this project.

The community is now able to purchase Shanaaz Parker’s fourth book, Flavor’s, and receive a free Indulge Recipe Collection book and conversion chart. This retails at R99 and is available from the following participating retailers: Chikro Food Market, Grassy Park; Chikro Food Market, Parow; Sawants Creations, Rylands; The Chicken

Warehouse, Bellville; Busy Corner Meat Hyper, Athlone; Busy Corner Butchery, Grassy Park; Goodhope Meat Hyper; The Butcher ShoppeBellville; The Butcher ShoppeCapricorn; The Butcher ShoppeSandbury.

Let’s close our eyes. Let’s breathe. Let’s feel the sun, wind and the rain on our faces. Let’s thank Allah for all our blessings, big and small. Let’s ask Allah to continue to give us hidayah and guidance to make the correct choices for Hajj: The Timeless Journey, the legacy of Shanaaz Parker.

Let’s be of those who make the conscious decision of living a life with an ‘attitude of gratitude’!

Follow us on Instagram: @ shanaazparkerlegacyproject and Facebook: Shanaaz Parker Legacy Project.

Al Jama-ah: the interim registration of the Muslim Marriages Bill

PROFESSOR MUHAMMED HARON

WHEN reflecting upon the recognition of Muslim marriages in South Africa, some of the burning questions are: why has our democratic state neglected to recognise Muslim marriages? What impediments must be taken away to place it alongside other legally recognised marriages? How long more should Muslim women wait before their dignity is rightfully restored?

Instead of answering these and other questions, let it be boldly stated that the state and civil society neglected this section of our society; and they should take the blame.

Perhaps a rhetorical question should be raised: why should the state’s Department of Justice and Constitutional Development and others be so hasty and willing to recognise, among others, samesex marriages but intentionally reluctant to offer similar rights to this society’s Muslim women?

In wanting to overcome this impasse through accelerating the process, two different bodies pursued the matter; both made

critical intercessions during the past five years. The one organisation was the Cape-based Women’s Legal Centre (WLC), and the other, which did likewise, was Al Jama-ah Political Party.

The latter decided, since it gained a seat in Parliament during 2019, to use its political platform to fast track the recognition of Muslim marriages using the Private Members’ Bill (PMB), and the former opted to pursue the legal avenues.

These two thus employed their resources skillfully to have these marriages recognised since the question has lingered on for decades: should it be or should it not be recognised?

Even though the WLC preceded Al Jama-ah with its labours, the two ran more-orless parallel to one another; their respective efforts – despite employing dissimilar strategies –complemented one another in the circumstances.

Before 2019, the WLC had a head start by taking the South African president and a few others to the Constitutional Court with the purpose of securing the rights of Muslim women. And it did so

to protect their rights within the socio-legal environment where they suffered (for generations) discrimination.

Al Jama-ah used its available resources prudently to not only quicken the process but to make sure that these women’s dignity was restored. It thus proposed an interim minimalist Muslim Marriage Bill (MMB) with the idea of speeding up the procedure.

The proposed MMB is currently in circulation for comments; and

BE OR NOT TO BE RECOGNISED

and Al Jama-ah have brought glimmers of hope to the Muslim community; the WLC fortunately gained support because of the Constitutional Court’s findings. Both groups’ energies forced the government’s hand to act fairly.

Al Jama-ah committed itself to see that the Muslim women’s rights are rectified, and their dignity restored.

For centuries, their rights have been disregarded and trampled upon. It is sad to observe that

and are not viewed as equals. In this regard, WLC and Al Jamaah made positive and timely interventions.

In winding up this short article, one encourages the government to publicly declare that Muslim marriages are forthwith recognised (using the Al Jama-ah Bill); it should be pro-active and not wait a minute longer to make that position known.

As soon as this declaration is announced, it should identify a team of legal experts to assist in refining and fashioning the proposed ‘Interim Registration of the Muslim Marriage Bill’ in such a way that it complements

The opportunity of 1444

SALEEMAH JAFFER

AS we learn about our religion, we recognise that everything about it is an opportunity for closeness to Allah ta’ala. Muharram is no different.

At the surface level, it is the first month of the Hijri year so, naturally, it would seem like a good time for ‘New year’s resolutions’. When we look a little closer, we realise that Muharram is one of the most sacred months of the year. And when we delve even deeper, we see so many reminders in our history that this is a month of reflection, renewal and transformation.

One of the most notable events of Muharram is the Hijra.

We know the Hijra to be the migration of the Prophet (SAW) from Makkah to Madinah. While the journey was a physical movement from one place to another, it was also a spiritual journey. It was a migration for the sake of Allah ta’ala, to an environment that allowed the believers to practise their faith openly and fully. It was a journey for spiritual opportunities and growth.

From this, we can aspire to make our 1444 a year of

opportunity. Opportunity is a time or set of circumstances that make it possible to do something. Sometimes we are presented with opportunity, sometimes we have to take it and, sometimes, we have to create our own.

There are five areas we can focus on in 1444 and beyond, with the intention of it being a means of closeness to Allah ta’ala.

We should keep in mind our intention to please Allah ta’ala and to contribute positively to our families and our community.

Learn: learning is not limited to the classroom. We can learn through traditional methods, such as attending lectures or enrolling in study programmes.

We can also learn through intergenerational dialogue, meeting new people, visiting new places and acquiring skills.

Learning is a lifelong process that allows us to change and grow. Make a plan to actively learn something every month.

Serve: the scholars say that khidma (service) is a path to Allah ta’ala. It can be defined as selfless service of the creation for the sake of the Creator.

Every day, we are faced with countless moments where we could do something good or

kind for another person, show compassion towards an animal or care for the environment.

True generosity is giving of what we love most before we are asked.

organisations we could volunteer with or get involved at our local masjid. We could even commit to something within our family or neighbourhood. Let us not let the gift of being able to do something good slip by.

Care: our bodies, our minds, our hearts and our souls are an amaanah (trust) from Allah ta’ala. We need to take of this trust. Choose three habits that promote caring for the body, mind, heart and soul, and commit to them.

Experience: sometimes it feels like we can do everything on our phones. With the COVID-19 pandemic serving as a catalyst for almost everything becoming available online, we can easily get caught up in the endless black hole on our devices. Engaging with people, trying new things, interacting with the environment and activating one’s senses are all opportunities for growth and transformation.

showing us that through acts of kindness, smiling, sharing food, giving gifts, permissible physical touch and being a compassionate listener, we can develop healthy, meaningful, loving relationships.

Love is not limited to people but can and should be shown towards animals, plants and our environment. The most important loving relationship we need to nurture is our relationship with Allah ta’ala, the All-Loving.

A simple method to measure our progress in these areas is to ask ourselves the question: ‘How is my heart with Allah ta’ala?’ If we feel our hearts softening, becoming more connected and more attached to Allah ta’ala then we are on the right track.

This can fluctuate, and in the times when it dips, we need to ask ourselves, ‘What do I need to change or do differently?’ Allah ta’ala is All-Loving, and we should never hesitate to turn back to Him, to ask Him for His Mercy, Guidance, and Forgiveness.

The opportunity to serve is very special, and something we may take for granted. We are blessed in that there are numerous

Love: build relationships, greet the neighbours, visit the elderly and connect with people. The maintenance of familial relationships in Islam is an emphasised act of goodness. The Prophet (SAW) showed us how to love.

He left us the perfect blueprint,

Allah ta’ala grants us new beginnings and opportunities. We need to make the change. Take the opportunity. Learn. Grow. Serve. In His Name.

Saleemah Jaffer is a community researcher and facilitator. She works in the youth programming department for Madina Institute and is a student of the Alawi Husayni Ninowy Zawiyah (Spiritual School).

True generosity is giving of what we love most before we are asked. The opportunity to serve is very special, and something we may take for granted. We are blessed in that there are numerous organisations we could volunteer with or get involved at our local masjid

New hope for parents of autistic and ADHD children

SAADIQE ROSSIER

EZAUTISM, an organisation dedicated to meeting the needs and improving the lives of autistic and ADHD (attention deficit hyper activity syndrome) individuals, with innovative initiatives earmarked for that purpose, has made digital strides in the autistic and special needs communities.

These developments could alleviate much of the tedious rigmarole, time, costs and uncertainty parents commonly undergo in getting their children diagnosed, and are easily accessible to parents who cannot travel to these clinics.

Autism or autistic spectrum disorder (ASD) can perhaps be defined as a broad range of conditions with many subtypes characterised by difficulty in social interactions, repetitive thoughts or behaviours, speech and nonverbal communication.

Autism naturally varies on a wide spectrum and no two people diagnosed with autism will share all characteristics.

Autism typically appears around the ages of two to three years. Since autism is a spectrum of many subtypes influenced by genetic and environmental factors, each individual diagnosed with autism will have their own set of strengths

and challenges.

The way autistic individuals operate, learn, think and do problemsolving may vary from being highlyskilled in some individuals, to being significantly challenged in others. Some may need support throughout their lives while some may live independently in their everyday lives.

Around two per cent of South Africa’s population has autism. However, many children in the country suffer in schools as a result of being undiagnosed, either due to ingrained social stigma and pervasive ignorance or a dearth of resources available to assist these children. Hence, this percentage is inaccurate.

Dr Hoosain Ebrahim, in tandem with the University of Minnesota and EZAutism, have designed a free online screening test as well as a digital diagnostic tool that could assist parents in diagnosing their children and plan ahead for them, based on the data feedback.

Dr Hoosain said, ‘Autism is not a disease, it is simply a state of mind. They have different ways of looking and tackling things that confront them; they have different ways of accepting what’s really going on, they are wired differently. While an atypical person can break things down easily, an autistic individual has to break things down piece by piece.’

Dr Hoosain envisions a

world where parents from all socioeconomic backgrounds and geographic locations have access to proper diagnosis for their children, and access to sufficient resources that will enable them to facilitate life for their child, and for parents to be equipped with the necessary knowledge and tools needed to take care of their children.

The primary objective of the diagnostic tool is to make screening and diagnosis easily accessible for all families: families in rural areas that do not have access to autism clinics or families that live great distances away, families that cannot afford to pay for expensive screenings or families who, otherwise, cannot travel.

Instead of having to undergo a myriad of different screenings and procedures, children can be diagnosed from the comfort of their homes where the expert observational skills of the clinician will be brought into the home.

According to Dr Hoosain, the digital diagnosis works with parents having to take four videos of their child, each focusing on a particular behavioural trait, and must be done spontaneously and unplanned. The videos focus on aspects such as socialisation, observation, eating habits and interaction.

A team of expert diagnostic clinicians will analyse each video

and produce a diagnostic assessment report based on the observations in the video.

Dr Hossain said, ‘We designed a diagnostic system where the parents would actually take three or four videos for us in a particular way. We would then give the parents instructions on what to do and how to interact with the child, and from that, we would be able to do a fairly certified diagnosis.’

This method of diagnosis allows clinicians to assess these individuals and make a diagnosis earlier, thereby reducing wait-time for the parents, hence, it provides them with early access to intervention and a clear trajectory for the individual going forward.

Dr Hoosain spoke on the comprehensive and encompassing nature of the battery of tests. ‘For eating habits, we look at how the child eats; are there any sensory issues when the child eats? We look if the child is gagging or what the plate looks like when the child is eating. We look at interaction: how is the child’s interaction with the rest of the family? We look at how the child plays with siblings and how he or she interacts with toys, and how the child interacts with the order of the toys.

‘We look at whether the child is using the toys in the right order; if the child has any preferences,

if the child walks over or around the toy. So it’s not just one but a string of aspects.’ He elaborated, ‘For socialisation, we look at the language capabilities of the child, eye contact; we look at whether the child can follow pointing.’

Due to the thorough and comprehensive nature of the tests, the team will be able to advise the parents on what to do and where to go from there with a clear, laid-out plan mapped out for the individual.

In addition to the digital diagnosis, parents are required to fill in a questionnaire related to their child’s behaviour and symptoms.

Dr Hoosain spoke about the ingrained social stigma related to autistic individuals. ‘These Individuals are not dysfunctional the way we as ‘atypical’ people think. Because the word ‘autism’ has so many negative connotations, we as ‘atypical people’ have placed these negative connotations onto that word and what happens is a selffulfilling prophecy. Whatever we consider as negative, the autistic individual then starts believing they are dysfunctional, that they can’t do this and they can’t do that and yet, they very well can, if handled properly.’

EZAutism may be contacted at: contact@ezautism.com, the Dubai number for their base in Dubai is +971-50-8206343, alternatively, the South African Number for whatsapp is 082 214 0291.

AMA intensifies work in Uganda as severe drought results in rising death tolls in the Horn of Africa

HUSSAIN CHOONARA

IN Wanyanga Hills, Uganda, the sun burns into the arid land and the heat sits in a thick, unforgiving blanket of dust, suffocating villagers who sit listlessly outside huts.

It is scorching, unbearable heat in an unforgiving landscape where people are facing what has been called the worst drought in 40 years. Here, we find Aida and her two children sitting outside their hut in Buyala village.

Aida lost her husband a few years ago. She works in the fields every day, trying to find food for her family but, increasingly, they find themselves going to bed on empty stomachs.

Aida’s story represents the tragedy unfolding silently across villages in the Horn of Africa, where the inability to grow food or find it is resulting in people simply dying from starvation.

Three consecutive dry seasons have resulted in the death of crops and livestock. Farmers of beans, maize and coffee have been unable

to produce enough food for the country, leading to prices of food baskets skyrocketing and unrest in the cities exacerbating an already desperate situation.

Africa Muslims Agency (AMA) has teams permanently based in Uganda but, in recent months, the drought spreading through the Horn of Africa signalled to us the need to intensify our efforts to save thousands of families from hunger, malnutrition and death.

Unicef warns that the ‘number of children facing severe drought conditions across the Horn of Africa has increased by more than 40 per cent in the space of two months’, bringing the number up to 10 million children at risk.

In the past few weeks, headlines across newspapers in the region and even global papers, have told stories of death. ‘Hunger kills 900 in Karamoja’ is emblazoned across the local paper in northeast Uganda, while Reuters notes the disturbing levels of death and malnutrition amongst the elderly, the very young and nursing mothers.

Over 40 per cent of the population face high levels of food insecurity. The drought affects Somalia and Kenya as well as Uganda, and has been blamed on climate change reducing rainfall to almost nothing over the past decade.

For people who live off the land, the results have been catastrophic. People are fleeing their homes in search of food and water yet, there is none to be found.

The social repercussions include more and more children dropping out of school. The effects of this drought on the entire region look extremely grim for the short and long term.

The AMA team from South Africa has been in the region to understand the severe impact of the drought and the immediate needs. AMA provides boreholes, dug deep into the earth using a technology and materials specific to the area to allow access to water.

This water is truly lifesaving for families fortunate enough to live near these boreholes. AMA and other aid organisations are working to provide

to find water but there is no food to grow or cook in it.

Support AMA’s #HealAfrica campaign by donating R1 500 for

Follow AMA on Instagram (@africamuslimsagency), Facebook (@AfricaMuslimsAgency), Twitter (AMASDirectAid)

A whole new world

KAUTHAR ROOMANEY

DO you ever get that feeling where you know you have to move on, that your time spent in a particular place has become redundant; that you are ready for the next big thing in your life; that you are ready to put your best foot forward and start to fulfil your dreams; and that very dream brings about so much change and anxiety that it scares you?

What I can tell you is that if your dreams do not scare you, they are not big enough.

I have recently taken on a new journey that forced me to grow so quickly that it changed my entire

perception of life.

I gave up stability and comfort for a whole new world, going into the unknown and saying goodbye to a lot that held my heart. That’s when I realised that if your dreams do not scare you, if they don’t force you to grow and expand, they are not big enough.

Often, there are times where we become complacent, comfortable and not willing to take the risk to achieve what we are destined for. We wait for something to happen rather than trying to make it happen.

However, when you change your life, big things are more likely to happen. I always believed that you need to force yourself into situations that make you ready to go to the

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next level, to leave your past behind and create a new and brighter future.

Therefore, allow the broken relationships and mistakes to drive you to achieve your dreams. People, places, things and jobs are put in your life as stepping stones for you to levitate into your own greatness.

Real change demands uncomfortable situations. You will never get more than you think you can get. Thus, to get more, you must elevate your sense of what you believe you deserve.

According to what psychologists call ‘The Pygmalion Effect’, you are either rising or falling to the expectations and demands of your current situation. When the demand

is great, the supply will follow. Hence, when you set a big goal and then are forced to rise to the occasion, your life will soon begin to reflect that.

Once you take that risk, leave everything behind and focus on putting yourself first, you’ll start to achieve the impossible. You’ll start to become self-reliant, selfsufficient, resourceful and confident because you chose to believe in yourself.

Growth is a strange and wonderous journey. Be the woman your 15-year-old self would look up to. No dream is farfetched. Don’t let your fear and comfort get in the way of your success. After all, airports have seen more sincere hugs and kisses than forced family functions.

Kauthar Roomaney is a teacher, writer and motivational speaker.

RESTORING THE DIGNITY OF MUSLIM WOMEN

This strong warning was echoed by more than 20 000 women who marched on 9 August 1956 to the Union Buildings in Pretoria. It was a cry for the dignity of African women who were forced to carry the ‘dompass’ which regulated and controlled their lives – it was a discriminatory act to oppress black women.

The protest was supported by mothers, daughter, sisters, friends who believed in justice for all who decided that such a despicable law must be dealt with against all odds. These women came together to bring about change and their action outside the Union Buildings displayed a powerful act of unity. Today, many of the generations of these mothers, daughters, sisters and friends who were part of that powerful march, find themselves trapped in other forms of oppression and discrimination; the oppression of being trapped in ganginfested environments; Gender-Based Violence; unemployment and poverty.

e latter the continuous discrimination of Muslim women whose Nikah marriages are still not recognised by a government whom many of them sacri ced their lives or loved ones for a fully democratic and just society.

Muslim women were part of this historic march and of the broader liberation struggle in South Africa. It is thus ironic that only sixty-six years later following several struggles for the recognition of the Nikah (Muslim Marriage) to restore the

Muslim women’s dignity, South African Muslims can finally celebrate the Constitutional Court Judgement’s ruling for the Nikah’s recognition. This will afford Muslim women their rights to claim inheritance, maintenance for children born from the marriage, other matters which might occur during a marital dispute, and in a postmarriage context.

While Member of Parliament Hon Ganief Hendricks who serves as an alternative Member on the Portfolio Committees on Justice and Home A airs, used the parliamentary platform by submitting a Private Members Bill (PMB) on Muslim Marriages, the Women’s Legal Centre gained socio-legal support through the Constitutional Court’s findings. Both pathways have brought glimmers of hope to our democratic society’s Muslim women. Through their efforts, especially the WLC caused and coerced the Constitutional Court to weigh the issues carefully and act fairly to not only legally rectify the Muslim women’s rights but to basically return, reinstate, and restore their (lost) dignity.

For decades – if not centuries, their rights have been socially crushed and legally disregarded. It is very sad to observe that even the current South African democratic legal system, despite some positive changes, has snubbed and marginalised this segment of a changing society by dragging its feet using all sorts of legal arguments to defend their position in not having been socially and politically proactive; because of their slow bureaucratic moves, South Africa’s Muslim women have not been viewed as equals; this is unlike other women in South Africa.

It is for this reason that WLC and AL Jama-ah made positive and timely interventions. One encourages the government to, in principle, publicly declare that Muslim marriages are forthwith recognised (using the Al Jama-ah’s Bill as its key minimalist legal document). As soon

as this declaration is announced and publicised, it would relieve all Muslim women from the challenges they endured socially and legally.

Hon Hendricks submitted a second PMB on amendments to the Maintenance Act. The proposed amendments were made at a Women’s Day webinar two years ago when community activists and social workers pointed out several clauses of discrepancies which disadvantaged women and children.

This year, National Women’s Day coincides with Muharram (Islamic New Year).

For this occasion, a luncheon will be hosted by Hon Hendricks in Zandvlei in Macassar, the birthplace of Islam in South Africa more than 350 years ago. Sheikh Yusuf al Macassari al Khalwati al Bantani, who is viewed as the founder of Islam in South Africa and acknowledged as the spiritual leader from Indonesia, was banished to the Cape’s Macassar by the Dutch colonialists.

At this luncheon, two great South African struggle icons will be honoured; this is for their role in the anti-apartheid struggle and postapartheid South Africa. Tribute will be paid to the late Yasmine Jessie Duarte (the ANC’s deputy secretary general) and the great struggle poet, Mohammed Omaruddin Don Mattera; both passed on recently. Duarte played a big role in assisting Hon Hendricks by opening the path to the ruling party to discuss, among others, the recognition of Muslim marriages. Mattera was not only an inspiration to Hon Hendricks and his generation but an inspirational gure for the youth through his poetry and other work. Duarte and Mattera fought for the freedoms that Muslim women enjoy today; more must, however, be done to restore their full dignity. In this regard, the actual approval of Al Jama-ah’s Muslim Marriages Bill (MMB) should, when formally registered, be considered a panacea in doing that.

For more information visit www.aljama.co.za or send an email to info@aljama.co.za

iMbokodo!” (You strike a woman, You strike a rock).

Schooling and education are not the same things

YUNUS OMAR

‘EDUCATION’ means different things to different people, and this makes a discussion about the topic quite haphazard and confusing. One of the biggest misconceptions in this discussion is that ‘schooling’ and ‘education’ are the same things. They are not.

The importance of distinguishing between ‘schooling’ and ‘education’ becomes somewhat clearer when we consider what ‘education’ is. Another way of coming at this is to think about what education is not, or should not be.

Education should not be indoctrination. It should not be about making students accept blindly whatever they are taught. The late, great Brazilian educationist, Paulo Freire, called this ‘banking education’.

He imagined teachers opening a student’s skull, exposing the brain and then pouring things into this empty brain. Freire worked most of his adult life undoing this ‘empty vessel’, antihuman approach to what many tried hard to (and still do) pass off as education.

Rather, Freire believed that education should be an encounter: a meeting of lives and minds under conditions of mutual respect.

Education should not be parochial (restricted in its outlook). One of the major turning points in human history was the invention of the printing press. This key moment in human history was not simply a technological innovation. It resulted (amongst many other things) in breaking down the rule of the religious clergy in the northern hemisphere, and in broadening (in the West) the very idea of what knowledge is and can be.

The printing press obviously made possible the widespread publication of Christian religious texts in Europe and elsewhere but it also allowed the massproduction of books and other writing that challenged the clergy and its teachings.

More than that, it challenged the central power of the clergy, and gave rise to new forms, new ways of people thinking about themselves in relation to the world as they learned about other people, new customs and different ways of being human.

In a sense, this is what education should and can be. It should enable every bit of knowledge to be provided to every human being so that the collective wisdom of every age can become accessible to everyone.

It is a vision of education that is centred on knowledge being the right of everyone. It is a vision of education as a human right, without distinctions based on wealth, place of birth, one’s gender, or any other thing. Being a human being must entitle everyone to all knowledge. Schools, in general, do not fulfil this broad vision, and therefore, what we know as ‘schooling’ is

often a very poor substitute for the broad, inclusive and universal idea of education as a fundamental human right. For one thing, it is simply impossible for schools to pass on every bit of human knowledge. In South Africa, for example, we have a system of thirteen years of schooling (Grade R through to Grade 12). It is simply not possible for everything known to be taught in thirteen years.

What is taught at schools is a version of what has been selected from the massive fountain of knowledge available to humankind. This selection was called a syllabus during the apartheid period, and is now broadly called a curriculum in South Africa, as in the Curriculum Assessment Policy Statements (CAPS).

A number of questions arise here. Who selects from the vast body of knowledge available to be taught? What have they selected? Why have they selected these knowledgeelements and not others? What did they choose to leave out? Why? Who benefits from what is selected? Who loses out from what is selected and omitted?

All of the questions above have to do with power. It is this dimension of power that is most often absent from a discussion about education. This absence makes a discussion about ‘education’ in its most embracing sense very quickly become a

discussion about ‘schooling’, and then the discussion quickly becomes one in which parents/ guardians think about ‘the best schools my child should attend’.

Once we think about ‘the best schools for my child’, we are arguably no longer considering the fact that, in a modern capitalist world, that form of schooling must be paid for. It is immediately not accessible to all. It is accessible only to wealthy elites, and to a lucky few who are provided with bursaries because they have the ability but no money to lean on.

If these ‘best schools’ become accessible to all human beings, regardless of ability to pay, we have seen the outcome: a flight of the wealthy towards public schools that charge more than universities, and to private schools, where the majority are excluded simply because of a lack of money.

What, if anything, does this have to do with education? Very little. It has everything to do with making sure that ‘our children’ get access to the best.

Such a society can hardly claim to be a society that wishes for others what it wishes for itself.

The majority of our students endure daily ‘schooling’ experiences that we must not pretend we don’t know about.

Yunus Omar (PhD) lectures in the School of Education at the University of Cape Town. He writes in his personal capacity.

It is a vision of education that is centred on knowledge being the right of everyone. It is a vision of education as a human right, without distinctions based on wealth, place of birth, one’s gender, or any other thing. Being a human being must entitle everyone to all knowledge

The history of zakah, a divine strand of mercy

SHAFIQ MORTON

THE other day, I was asked where the idea of zakah came from. It was an interesting question because the questioner was not satisfied with my answer.

‘Quran and Hadith can be used to explain the application of zakah,’ he said, ‘not its origins and original context.’

I realised then that we can take our pillars of faith for granted. It’s like an old granite building weathered by the years. It has always been there so we accept it being there. Like the building, the pillars are there when we learn about deen so we just accept them without objection.

This led to a search. I had to find an answer to the origins of zakah. Eventually, I came across an academic paper by two Utah Valley University professors, Abdus Samad and Lowell Glen.

Entitled the ‘Development of zakah and zakah coverage in monotheistic faiths’, the paper gave an easily accessible perspective: ‘Zakah, a contribution from the wealth of the rich to the poor is neither a new nor an unknown concept to mankind. It is a

continuation of Celestial order which has been in existence since time immemorial.

‘The virtue of the obligatory contribution from wealth was proclaimed and instructed by God thousands of years before the birth of Islam through his messengers –Ibrahim, Moses, Jesus, and other prophets (may peace rest on them).’

The Quran, as the authors noted, was full of testimony to this. For example, in 2:83 we hear specifically that Moses was told that his people had to be just to relatives, parents, orphans and the needy, that they had to speak with clemency, perform their prayers and that they had to pay their zakah.

From this, it is clear that charity and generosity to those less fortunate has always played an important role in prophetic faith and human history.

We can track the social concept of zakah – firstly defined as a cleansing process, and secondly, as growth and fertility – to the ancient civilisations. It can be traced back 5 000 years to Egypt where the fifth dynasty pharaoh, Henku (25632422 BC) declared: ‘I have given bread to all the hungry of the Mount Cerastus, I have clothed him who was naked...’

During the Homeric age (700 BC), the contribution of charity was an important element within Greek culture. The porter Eumaeus welcomed the wonderer Odysseus with these words: ‘Stranger, I am not allowed to despise any guest, were he more wretched than you. Strangers and beggars come – all come from Zeus. I have little to offer but I give it with a willing heart…’

In 600 BC, the Persian monarch, Cyrus the Great, became the first known constitutionalist. His empathy for the poor and downtrodden was recorded on clay tablets in the Akkadian language. Cyrus protected the ancient Jews, and we see the order to perform charity in Exodus, Leviticus and Deuteronomy, in the Old Testament.

In those days, the economy was agriculturalist, with the result that there was great emphasis on the fruits of the land. According to the Old Testament, Jews were required to contribute a tenth of their crops and herds to charity (Leviticus 27:30-32).

At harvest time it was enjoined that: ‘…a man must not harvest his field up to the edge of the field or must not gather the gleanings of his harvest but leave something for the poor men and wanderers to glean…’

In fact, the author Joseph Schacht identifies the old Aramaic word ‘zakut’ as meaning charity. The idea of an annual payment – the Prophet (SAW) used to disburse zakah on the 1st of Muharram – can be found in the Jewish sources.

In Deuteronomy (14:1), the injunction is: ‘Every year you must take a tithe of what your fields produce from what you have sown and in the presence of Yahweh, your God, in the place where he chooses to give his name a home…’

The Gospels of Jesus are

resplendent with references to charity. The feeding of the 5 000, for example, is loaded with allegorical meaning, as are many of Jesus’s recorded actions. Luke 11:41 declares: ‘But give that which is within as charity, and then all things are clean for you.’

It is quite evident, that as one scrolls through history, that charity had pre-conditions relating to excess wealth and the cleansing of wealth on an annual or cyclical basis. What the Prophet (SAW) brought to us via the Quran and his Sunnah was a divine convergence of historic social awareness.

Bursary

Sanzaf and the Muslim Judicial Council (MJC). Photo SANZAF COMMUNICATIONS

Farzana Baba: A change champion in her field

This mother of three energetic boys has been with Discovery in various key roles over the last 12 years, and has extensive experience in product development, insurance and healthcare. Journalist SHANAAZ EBRAHIM-GIRE sat down with her to find out more about her passion for creating better quality healthcare access and financial inclusion for all South Africans through innovative solutions.

Tell us about your role at Discovery Health?

I design and build new products and businesses in the healthcare space for Discovery Health. In the last few years, we’ve introduced a number of new innovations, such as the first of its kind, prepaid health product for Discovery Health.

We have a number of new plans in the pipeline specifically focused on making health care more accessible and more affordable. In the last few months, we’ve also announced our Shari’ah compliant arrangement – another first for the South African market. It offers clients the same benefits and premiums as you would have for any other Discovery Health Medical scheme plan but in a way that is Shari’ah compliant.

How did the COVID-19 pandemic impact your team?

We work in a very innovative, creative space and would generally spend a lot of time brainstorming and collaborating on projects. This meant that, during lockdown, we had to quickly pivot to remote working.

Working at Discovery Health, which is an organisation that is very customer-centric, we had to ensure that we were coming up with solutions during a very dark time to ensure our clients’ health and well-being becoming an even more focused priority.

I remember those multiple Zoom calls, to come up with new and innovative products, such as telehealth consultations which we saw a massive increase in utilization during the pandemic. It’s been something that we’ve launched many years ago but we haven’t really seen traction until the COVID-19 pandemic, and I think that’s something that we’ve seen all across the world.

As a professional working woman, how do you ensure that you lead a balanced and fulfilling life?

I encourage growth and I provide a lot of room for the people in my team to take on responsibility naturally. I find that works best for me and my team, and I naturally end up acting as a safety net and the sounding board.

I also believe it’s imperative that you allow team members to grow by giving them the platform for space to lead on projects. At the same time, I am very deliberate about goals, performance and about to-do lists and regular check-ins.

All these things are the building blocks that allow us to work collaboratively and optimally. It is also important that we are transparent, open and understand what we’re working towards, which will ultimately lead to success.

As a leader, it’s important to listen to the people around you, and taking on that feedback in a constructive way when working in a collaborative team environment.

I wish there was a simple answer but, for me, I think it’s very personal and different for each person. I have a good support system and that’s what really made a big difference in my life. So, when I’m at the office or busy with work, I know my children are well cared for, whether they’re at school or at home.

I’m also very deliberate about spending time with them and would attend school events and soccer practice; I make sure I attend those. We also enjoy family time – cooking together, doing schoolwork and trying new activities over the weekend.

It’s about you feeling personally happy, feeling balanced, and that you’re giving enough of yourself. I also love running, reading and just enjoying a coffee and chat with a bunch of friends.

How do you encourage wellness in the workplace?

I do regular check-ins with my team where we spend time talking about each other’s families or weekend activities and getting to

Who are your role models that inspire you?

There are so many people around me that inspire me but I regard my parents and sisters as my role models. It’s highly inspirational to witness my parents raise four daughters, each with their own professional careers, having kept strong relationships across the community with many different people.

I also find inspiration in my children who are inquisitive and

you’ve learnt?

I learned from a young age that nothing is guaranteed and that your health can change in a minute. I always took my health for granted. I never thought of illness, as I was always fit and energetic as a child and believed you could accomplish anything.

When I was in my late twenties, my husband was diagnosed with a chronic illness, which came as a shock.

We had to learn very quickly how to adapt our lifestyle so that he could lead a healthy life. It’s a daily reminder that life is short and that your health is really important.

can excel.

I had several informal mentors in the form of colleagues and senior women in leadership who were great support systems, which really helped me define my sense of purpose.

I’m now giving back by serving on and working closely with the Actuarial Women’s Committee.

I think it’s important for women to support other women and to encourage female empowerment and mentorship so that we can positively contribute to creating a better, more equitable South Africa.

As a woman in leadership, how would you describe your leadership style?

Farzana Baba is a fellow of the Actuarial Society of South Africa and has spearheaded a number of new health insurance businesses within Discovery Health. Her passion is to create avenues for better quality healthcare access and financial inclusion for all South Africans through innovative solutions.

Photo SUPPLIED

Women and waqf: Muslimahs taking the lead in societal change

ISMAIL MUNSHI AND MAJDI RYKLIEF

WHEN researching awqaf in the Islamic world, the contributions of Muslim women to the broader society development and the establishment of vital services, particularly in the field of social development, are undeniable and enormous.

The wives of the Prophet (SAW) namely Hafsa, Ayesha, Um Habiba, Um Salama and Saffia, and the Prophet’s daughters, Fatima and Asma, were all active participants in the concept of waqf. The noble Khadijah (RA) gave all her wealth for the cause.

Even in those early stages of Islam, the socio-political system was such that women were active in economic and financial areas, and in a position to contribute to the community. These women often took on administrative roles in their own awqaf.

Due to the charitable nature of the waqf system, where all classes of society are embraced, no discrimination may exist in the beneficiaries of waqf, whether Muslim or not. As a former

Jewess, Safiyah bint Hayi, a wife of the Prophet (SAW), bequeathed a waqf in favour of her Jewish relative.

Early Islamic women by their nature were nurturing, and the types of awqaf they established were geared towards the needs of the society at the time.

In Egypt, during the Mamluk period, Zainab, the daughter of Abi Al Barakat, along with other women, established a ribat, the modern-day equivalent of a women’s shelter.

Women from abusive and problematic familial backgrounds were offered counselling services, with emphasis on prayer and spirituality, in addition to receiving educational and social services.

In the post-Prophetic and post-caliphate period, women continued to take the lead in establishing awqaf of great importance.

According to Iman Al Humaidan (2007), Sitt el Sham Bint Ayoub Ibn Shadi (died 614 AH/ 1217 AD) was ‘the most charitable among women as she established a waqf for two schools

in Damascus (Al Barraniyya and Al Juwaniyya), which provided students with learning’. In Taez, Yemen, Al Dar al Shamsi, the daughter of Sultan Al Mansour Noor Eddin, established a centre of learning, the Al Shamsia School.

The Al Qarawayn Masjid in Fez, Morocco, was founded by Fatima Fihri in the 3rd century AH. Later additions to this waqf included a madrasah, university and a medical school.

Fatima Bint Hamad al Fadhili, known as Al Sheikha al Fadhilia, a native of Az Zubayr in Iraq, was a collector of books on an array of subjects.

As a student of the most prominent shaikhs of her time, Fatima rose to prominence as a distinguished scholar and lifelong learner. Upon her demise, she dedicated all her books to Hanbali students in the area. By bequeathing books, her contribution to students’ education is everlasting.

At the start of the twentieth century (circa 1908), many provinces and states previously under Ottoman rule, fell into

the hands of French and British occupation forces. As a result, the Ottoman footprint weakened and almost vanished, wrote Riham Ahmed Khafagy (2007).

One Egyptian waaqifa, Princess Fatima of Khedive Ismail, ‘declared about 3 300 acres as an endowment, and donated half of the revenues of this endowment to improve military and civil education in the Ottoman Empire’.

Part of her donation, wrote Khafagy, was sending students to the best army and navy schools in Europe to acquire the most advanced knowledge regarding building warships, weapons and guns.

Two of the earliest awqaf established in South Africa were by women. During the first British Occupation, Auwal Masjid opened its doors in 1794 as the only centre for Islamic propagation and dawah at that time. Saartjie van den Kaap, donated the Bo-Kaap land on which the masjid currently stands.

Palm Tree Masjid was established out of a dispute over the imamate at Auwal Masjid,

upon the demise of the Father of South African Muslims, Tuan Guru, in 1807. Sameda van den Kaap bestowed the property on which the modern-day institution stands, and the masjid was formally recognised as of 1825.

Women (and men) in South Africa have a role to play in keeping the spirit of waqf alive, and need to build on the contributions made by countless Muslimahs, alive or deceased. Awqaf SA will be there to assist wherever needed.

Support Awqaf SA. Make your waqf today. Visit www.awqafsa. org.za for further information.

Focus on Finance

A guide to the emigration process of transferring funds abroad in light of the new dispensation

discussed in last month’s article).

IN recent months, we endeavoured to enlighten readers intending on emigrating from South Africa of the financial requirements and associated consequences, such as the cessation of South African tax residency following a Sars verification process. The gist of this last article on the subject matter of emigration considers the impact on foreign capital allowances that are available to South Africans.

As already alluded to in previous articles, ceasing of tax residency triggers a deemed disposal of your worldwide capital assets for capital gains tax purposes and the resulting tax cost could be material should you own capital assets at such a time.

As part of the tax administration

process, a SARS TCR01 Emigration Application, fully disclosing the assets and liabilities is completed and thereafter, if approved, Sars will issue a Tax Compliance Status (TCS) verification confirming the end of one’s tax residency.

Transfer of foreign capital allowances abroad

An authorised dealer can begin to facilitate the transfer of your allowances soon after the receipt of your TCS from Sars, confirming that you are no longer a tax resident. The relevance of this confirmation is that an authorised dealer can facilitate the transfer of the belowmentioned allowances abroad:

• a single discretionary allowance of up to R1-million will be permitted in a calendar year without needing to obtain approval from Sars;

• in the case of foreign capital

allowance, up to R10-million per calendar year will be permitted.

• A stricter verification process will be applied by Sars in instances involving investments in excess of R11-million. Prior to the approval of such transfers, Sars in collaboration with the Financial Surveillance Department will have to verify your tax status and the source of your funds in accordance with the anti-money laundering and counter terror financing regulations stipulated in the Financial Intelligence Act;

• Where an individual has been non-resident for at least three consecutive years, they will be allowed a withdrawal of lump sum benefits from a ‘restricted’ retirement preservation fund or retirement annuity fund (as

The R1-million single discretionary allowance applies to all South African residents over 18 years, and it covers reasons such as monetary gifts, loans, travel allowance, donations to missionaries, any use of your South African debit or credit card abroad, and travel allowance for minors (R200 000 per calendar year).

Regarding the R10-million foreign investment allowance for individuals, Sars will issue a Foreign Tax Clearance Certificate which is valid for a period of 12 months. With this certificate you can transfer up to R10-million in a year. The transferred funds may be invested into offshore investment portfolios, property or other investment vehicles and may be utilised as deemed necessary.

However, anything in excess of R11million will require an application to be made to Sars for a Letter of Compliance, and this application is also subject to the South African Reserve Bank’s (Sarb) approval.

Each application for this Letter of Compliance is assessed on its own merits, and with it, there is no limit to how much money you can transfer out of the

Republic. It is also important to note that while tax clearance certificates are valid for a year from date of issuance, your allowances are based on the calendar year. South African residents have transfer allowances that renew annually on January 1.

Finally, the new dispensation, effective from March 2021, requires ‘tax emigration’ with the Sars and not the Sarb as before. Once you are officially a nontax resident and in good standing with the Revenue Authority, you can transfer your hard-earned millions out of the country to an overseas account by making use of any of the options discussed above.

Please note that the above is for information purposes only and does not constitute tax/financial advice. As everyone’s personal circumstances vary, we recommend they seek advice on the matter. While every effort is made to ensure accuracy, Nexia SAB&T does not accept responsibility for any inaccuracies or errors contained herein.

For any queries or further information, please contact: Hassen Kajie (Entrepreneurial Business Services Director, Cape Town) Mobile: (+27) 82 333 3389; Email: hassen@nexia-sabt.co.za

Yousuf Hassen (Entrepreneurial Business Services Director, Centurion) Mobile: (+27) 82 333 3376; Email: yhassen@nexia-sabt.co.za

TINASHE CHIPATISO, a tax and corporate consultant at Nexia SAB&T, considers the impact on foreign capital allowances available to South Africans who are emigrating.

Al-bay’ (The sale) – the most significant contract

SHAIKHAH UMME ROOMAAN SOOFIE

MAN’S reality is measured by his attitude within society through daily interactions with his fellow man. In his teachings, the Noble Messenger of Allah, Muhammad (peace and blessings be upon him) emphasised compassion, brotherhood and societal harmony.

His first advice to the new Muslim community upon arrival in Madinah al-Munawarah was to spread peace and safety within the society. The relationship of mutual dependency between man is what gives rise to mutual co-operation (ta’awun)

However, mutual goodwill cannot stand on its own and requires knowledge of the Shari’ah for mutual consent.

The most hazardous of human interactions is business interactions, and the Shari’ah provides apposite etiquette and regulations for this. It provides guidance in matters of trade and mutual dealings (mu’amalat) –effectively governing human relations.

Islam encourages Muslims to engage in honest and mutually beneficial trade. The Beloved Messenger of Allah (peace and blessings be upon him) said: ‘Engage in trade, for nine tenths of sustenance is found therein’ (Takhrijul Ihya: 1588).

Hence, the most significant contract in our daily lives is the contract of sale. Imam al-Ghazzali mentions the importance of gaining a clear understanding of the laws of commercial transactions as a prerequisite to venturing into any trade, especially as a profession.

A lack of understanding would have severe repercussions and cause one to earn unlawfully. Islam has placed extreme emphasis on lawful trading since it is a source of moral and spiritual elevation.

In Surah al-Baqarah, we find a general validation for the contract of sale. Allah says, ‘Allah has permitted trade and forbidden usury’ (2:275).

The principle of original permissibility is derived from this verse, which maintains that everything is permissible unless it has been clearly declared by textual evidence as prohibited.

The general principles of sale are universal and encompass all elements of the transaction. The analysis of each element of the contract of sale is to ensure that social justice and equity is maintained for all parties involved.

The principle of ‘adl (natural justice) as the underpinning of commercial transactions is manifest in laws mandating the fulfilment of contractual and moral obligations.

Contemporary law dictates that the unilateral promise (wa’d) is enforceable, thereby protecting the

rights of financial institutions as well as their customers.

The Quran also provides man with tools to safeguard contracting parties and maintain fairness, such as the recommendation that contracts should be in writing, encouragement of the use of witnesses, outlined laws of rahn (mortgages) and the principle of individual responsibility.

Three salient injunctions form the foundation of contracts in Islam: prohibition of riba (interest), gharar (uncertainty) and maisir (speculation). These prohibitions stand to eliminate exploitation in transactions and prevent unjustified enrichment.

In addition, principles such as the impermissibility of deceitful conditions; the prohibition of fraud and deception of any kind; the principle of liability for loss and entitlement to profit; free mutual consent; the prohibition of two contingent contracts, and other such principles have been carefully legislated into the various Shariah standards that govern trade today.

For instance, standards have been dedicated to resolve issues that might arise from contractual complexities, such as combinations of contracts, which is a necessity for modern banking and finance.

Simple hadith texts were applied in the most convoluted manner, ensuring that modern trade and interactions, however complex, remained true to

the original teachings of Islam and in conformity with the objectives of Shariah.

Another pertinent principle at the core of Islamic finance is that of risk and rewards as per the hadith ‘al-Kharaj Bi al-Dhaman’ (Tirmidhi, Ibn Majah). Man cannot expect to derive profit without assuming any loss or risks.

The prohibition of riba is due to the fact that riba is of no benefit to the ummah, since it does not support the fair circulation of wealth, and treats money as a product instead of a medium of exchange.

Riba is void of risk as apposed to bay’. Risk-taking and risk-sharing are manifestations of the Islamic ethical concepts of ‘adl (justice), taqwa (God-consciousness), ta’awun (mutual co-operation) and ukhuwah (brotherhood).

Scholars of the four juristic schools have analysed contractual elements in their own unique way and have thus awarded us a vast pool of knowledge from which to draw.

The adaptation of the classical principles of sale from a broad concept to meet the demands of the modern economic world has been accomplished through the effective use of ijtihad (independent scholarly reasoning).

All divine laws, principles and scholarly efforts have ensured that man does not fall prey to his

desires. Integrity and magnanimity in commercial dealings have been more strictly enjoined by Islam than any other religion.

Islam is vehemently intolerant of all forms of dishonesty, economic exploitation and extravagance. A high standard of business morality is expected of every Muslim to ensure the economic and social development of the ummah.

The reality of a Muslim’s existence lies not in the outward display of worship or any other external attribute, such as his or her manner of dressing but rather in the authenticity of his or her Islamic identity.

It is not sufficient for man to be well versed in the laws of religion without practising upon those laws and portraying the perfection of Islam outwardly.

Shaikhah Umme Roomaan Soofie [MSc Islamic Finance (INCEIF), certified Shariah advisor and auditor (AAOIFI)] is a Shari’ah researcher at iConsult Africa and a qualified Islamic finance expert. She currently heads the Islamic studies department at the HSBP institute of learning, serves in the fatwa advisory committee and is a known orator at Islamic events in South Africa.

iConsult Africa is a bespoke Islamic finance and business advisory firm focused on alternative financial solutions based on Islamic principles. Their primary focus is to explore financial solutions with broader social economic impact and inclusiveness.

Hyperlink https://iconsult.africa/Home

Shukran, Tramakasie, Enkosi, Thank You, Dankie

Together we fed over 250 000 people on the day of Ashura

The ongoing crisis in East Africa

THE ongoing drought in East Africa has created one of the most vulnerable circumstances in the world. The climatic crisis has devastated the livelihoods of millions of families and communities, with more than 18 million people facing severe food insecurity, teetering on the verge of starvation.

Among those suffering are five million children expected to suffer from malnutrition. The worst struck regions in East Africa are Somalia, Ethiopia and Kenya, which have failed to see rain for four consecutive seasons.

The devastation of the drought has families and communities employing desperate measures to survive, in the face of extreme vulnerability. The situation is rapidly deteriorating, forcing millions of desperate and vulnerable families into greater need of your assistance.

Four failed rainy seasons are almost unprecedented, and the fact that people are still surviving is a testament to both their resilience and the assistance provided to these vulnerable families and communities in East Africa.

Islamic Relief is responding. So far, we have provided and assisted 167 000 families across East Africa but millions more are still in dire need. We are assessing the situation and providing people with food and cash, affording them the opportunity to buy food in local markets, where available.

We are improving water supplies by restoring old boreholes and drilling new ones, which entail the restoration of traditional water storage pools, and in severe cases, trucking in clean water and creating accessibility to this fundamental need.

We also provide hygiene and healthcare kits, including sanitary items directed at our suffering mothers and sisters in East Africa. The death of more than seven million livestock has forced us to provide veterinary medicines to thousands of cows, goats, sheep and camels with the aim of protecting them from diseases, while providing them with food to live healthy lives.

We are in the process of training health workers to treat malnourished children while supporting healthcare centres and nutrition clinics. We have worked in East Africa for many years

and our long-term development work – such as drilling community boreholes – continues to provide some communities with their only lifeline to this fundamental need.

Aliow Mohamed, Islamic Relief’s country director in Somalia, recently visited camps in Baidoa, Somalia, where 500 000 displaced people are seeking shelter and aid.

He says: ‘What we see here is beyond our imagination. The see children suffering and dying in front of us from severe hunger and illness

handful of tiny wild fruits, which have barely any nutritional value. We meet grieving parents who have lost their children on the way to seeking sustenance and safety. Pregnant women are forced to give birth without any healthcare or clean water.

‘Thousands of people are arriving at the camps every day. Many of them have not eaten for several days, staring death in the eyes. The circumstances at the camps are dreadful and unbearable with little to no access to food, drinking water, sanitary facilities and healthcare, which has exacerbated the spread of diseases

in these camps.

‘Children are dying from severe diarrhea and skin diseases due to their inability to access clean water. The people of Somalia and the greater East Africa need humanitarian aid urgently.’

Families and communities in East Africa need our support

urgently. By donating to our East Africa Emergency Appeal, you can make a difference and save the lives of millions of people. You enable us to provide much-needed essentials, such as food, water, healthcare and shelter to families and communities living in these camps on the verge of starvation.

Islamic Relief water wells continue to flow. Photo ISLAMIC RELIEF WORLDWIDE

Give hope to Syrian refugees with Muslim Hands

THE Syrian war has caused the largest humanitarian crisis of our time. Millions of Syrians have lost their homes, livelihoods and even loved ones to the war, and over 600 000 refugees are seeking refuge in IDP camps

Muslim Hands has been working in these camps for many years now, trying to assist as many Syrian families as possible. The need for food, water and shelter is extremely high as the majority of Syrians living in these camps are struggling to source

Our teams on the ground have been delivering your donations to these families. In Ramadaan alone, hundreds of food parcels were delivered to these families. The food parcels ensured Syrian families had food essentials to sustain them for the entire month of

Your donations helped Obaida Obaida is a Syrian refugee living in the Turkish IDP camps with her family. Unfortunately, her husband is mentally unwell, and her son is disabled and struggling mentally, too. The family has no breadwinner and because of this, Obaida struggles daily to source diapers, food and medication for her family.

Thanks to the generosity of a donor, Muslim Hands delivered a food parcel to Obaida and her family. The food parcel contained basic essentials, such as cooking oil, rice, flour and tinned foods and, SubhanAllah, the donation ensured the family had food for an entire month.

However, Obaida needs further help. Through your donations, our teams can help build a home for Obaida and her family or ensure they have a daily source of food from the bread factory or even sponsor a hygiene pack or water filter for the family.

Give to the Syria bread factory

Alhamdulillah, thanks to your donations, Muslim Hands launched a bread factory in Afrin to provide fresh bread to Syrian families, daily. The bread factory ensures that widows, orphans, the elderly and

vulnerable have a source of food, daily, and do not go to sleep hungry on an empty stomach.

The Messenger of Allah (SAW) said, ‘The most beloved of people to Allah is the one who brings most benefit to people, and the most beloved of deeds to Allah is making a Muslim happy or relieving him of hardship, paying off his debt or warding off hunger from him.’ (Sahih)

Thanks to your generosity, 50 000 loaves of bread are distributed daily to Syrian refugees, and this is entirely as a result of your zakaah and sadaqah donations to the bread factory.

You can continue making a difference by donating to this amazing project (R1 000 provides 700 people with fresh bread).

How you can help

Muslim Hands is working intensively in the IDP camps to help Syrian refugees in Turkey. Our projects include: running a bread factory, sponsoring a food parcel, hygiene pack or a water filter.

Visit our website, muslimhands. org.za to donate today or call our office on 021 633 6413 and our staff will readily assist.

AISHA ADAM

’ Adams was in the service of education for thirty years

EBRAHIM RHODA

EBRAHIM Adams, a former teacher of Strand Moslem Primary School (SMPS), passed away at his residence, in Hammond Street, Strand, on Sunday, June 26, 2022 , at the age of 85

Ebrahim Adams started his schooling at Strand Moslem Primary School in 1942. He then attended Chapel Street Primary School and Trafalgar High School, in Cape Town. His father, the late Hajj Johaar Adams, was the first principal of SMPS.

He qualified as a teacher

at Paarl Training College, in 1959 and, in 1960, succeeded in obtaining a Higher Primary Diploma in Music at Battswood Training College. His teaching career started at Rahmaniyeh Moslem Primary School, in District Six, in 1961, after which he taught at Strand Moslem Primary School from 1962 until 1983.

Even before he was appointed at SMPS, he, with the assistance of the late Herbert Wentzel, trained the school choir for an inter-school choir competition to be held in the Somerset West Town Hall, in 1961. The school had never

before participated in such a competition. You should have seen the elation of both parents and learners when both the junior and senior choirs walked off with the top prizes.

Ebrahim continued to improve his qualifications. Between 1972 and 1982, he obtained a Higher Diploma Certificate at Hewat Training College, and a Diploma in Adaptation Classes, at UWC. This was followed by a BA at the University of the Western Cape (UWC) and a BEd degree at the University of Stellenbosch.

With all these qualifications, he left SMPS in 1983 and

subsequently became principal of Strand Secondary School, in 1989. He retired in 1992.

Ebrahim served for many years as the chairman of the Helderberg Hospital Board and was later chairman of Masincedane, an education, training and development organisation based in Strand for unemployed work seekers.

On the leisure side, he was a keen golfer and a foundermember of Alpha Table Tennis Club.

He is survived by three sons and six grandchildren. His wife, Faida Adams, nee Baker, passed away on July 24, 2022.

Al Falaah College learners excel academically

AL FALAAH College proudly congratulates Maryam Bassa (Gr12), who scooped gold at the KZN Eskom Expo for Young Scientists, a few weeks ago, Maasha Allah!

Maryam impressed the judges with the presentation of her project titled, ‘Aero-electricity, a final thrust towards a wind powered world.’ She was awarded a gold medal and certificate as well as a prize from ARHI (Africa Health Research Institute) for her project, which was rated ‘Best in

the Category’.

She designed and coded a turbine system, conducive for runway use, to generate electricity from the jet blasts of passing planes – an innovative project that could possibly help in our current electricity situation in South Africa.

Her commitment to the task and ability to meet deadlines bode well for her future, and we wish Maryam all of the very best. Well done, Maryam.

Husnaa Haffejee, presently

in matric, has excelled over the years, obtaining numerous academic awards along the way. Her latest achievement though, must rank as her best thus far. Alhumdulillah, Husnaa has been declared as the best performing learner in KwaZulu-Natal, and placed third nationally for the Senior Afrikaans Olympiad, which took place in May this year, a first for an Al Falaah College learner.

The Olympiad was hosted by the ATKV, who awarded Husnaa

a certificate and a cash prize for her fine achievement. The Al Falaah College family applauds this humble young lady, and

prays that she continues to work hard and do us proud, Insha Allah.

Issued by Al Falaah College

Mr Ebrahim Adams, popularly known as ‘Meneer’, passed away on June 26, 2022 at the age of 85.

Photo: SUPPLIED

Nurul Islam Masjid tackles poverty in Heideveld through gardening

Heideveld community oozes with excitement and hope for a better future as they embrace the month of Muharram with joy and love for recreational and subsistence gardening.

was evident during the launch of the Nurul Islam Masjid Gardens on July 30, 2022 , in Heideveld, Cape Town, an area characterised by high levels of poverty, gender-based violence, gangsterism, alcohol and drug abuse, and other social ills.

auspicious event was attended by people from different parts of Cape Town.

According to Nurul Islam Masjid’s imam, Shaikh Masood Isaacs, the initiative is inspired by the teachings of Prophet Muhammad (SAW), particularly where he (SAW) says, ‘If a Muslim plants a tree or sows seeds, and then a person or an animal eats from it then it is regarded as a charitable gift (sadaqah) for him.’

‘This Prophetic saying teaches us that the benefits of planting any seed that benefits Allah’s creation is sadaqah,’ says Shaikh Isaacs.

Nurul Islam Masjid committee member, Anwar Ibrahim, says that while the masjid aims to enhance a wide range of aspects within the community through this initiative, such as the spiritual, psychological, social and educational, the primary goal is to achieve food sustainability as a means of tackling poverty.

‘Due to the unemployment rate and high levels of poverty, the masjid has had to create 10 satellite feeding schemes that feed more than 100 people daily. Because we rely mainly on donors, we had to come up with a business model for sustainable food that can generate the means for the masjid to be able to continue providing food, especially fresh fruits and vegetables that will also contribute to a healthy community,’ says Ibrahim.

During the launch, Ibrahim also announced that in partnership

with the South African Institute for Entrepreneurs (SAIE), an organisation that exists to help individuals and organisations address poverty through entrepreneurially focused initiatives, especially within the agriculture sector, the masjid will be running a two-week garden skills training programme.

‘In conjunction with SAIE, which will be bringing in accredited trainers to teach our community members gardening and entrepreneurial skills, the masjid gardens will also be a platform for the community to attain skills that they can use to empower themselves while also enhancing youth participation in community development,’ says Ibrahim.

SAIE’s chief operational officer, Ernest Boateng, says as SAIE they are honoured to be part of this initiative.

‘As an organisation which assists with a wide range of support, such as project evaluation and assessment, training and mentorship, our key goal is to make sure everything is sustainable.

The project is at its pilot stage but, based on the eagerness and willingness shown by the Heideveld community since the inception of the initiative, we are positive the initiative is in good hands and will grow into a success that benefits the community,’ says Boateng.

The Muslim Judicial Council’s (MJC), Environmental Desk, head of department, Dr Waheed Saban, applauded the initiative.

‘With South Africa’s economic turmoil and food being expensive, a lot of people are unable to afford healthy food. This project doesn’t only allow community members an opportunity to learn how to start their own gardens but it also gives them access to fresh, healthy fruits and vegetables which they can consume and even sell to neighbouring communities.

‘As the MJC, we congratulate the community and, with the mercy and blessing of Allah, hope to see the initiative grow bigger

and benefit more people,’ says Dr Saban.

Community member, Zorina

connect with nature, he/she has to pay exorbitant transport fees as such places are situated far

ponder Allah’s creation through nature causes them to not value and understand its importance. I

(saw)

is not a believer whose stomach is filled while the neighbour to his side goes hungry’.

Pictured are Nurul Islam Masjid’s imam, Shaikh Masood Isaacs (right), and Humanitarian Outreach Programme representative, Thabit Davids.

Photo NONTOBEKO AISHA MKHWANAZI

Attendees during the Nurul Islam Masjid Gardens launch, in Heideveld.

Photo NONTOBEKO AISHA MKHWANAZI