All praise is due to Allah (swt) and may His choicest salutations continue to descend upon our Master and Leader Mohammed (saw).

The United Ulama Council of South Africa (UUCSA), an umbrella body representing nine Ulama formations in South Africa took a majority-decision (eight out of nine) to become Amicus Curiae (a friend of the court). The Jamiatul Ulama KZN did not support the decision.

A friend of the court is a party who provides facts, and in the discretion of the court, evidence, to assist the court in making an informed decision.

The case itself was brought by the Applicants, the As Saadiqeen Islamic Centre and two Alims who work there. As Saadiqeen relied on the Fatwa’s of Mufti A.S. Desai, Mufti A.K. Hoosen and Mufti Chatagami for its application against the President, the Minister of Health and the Minister of Cooperative Governance and Traditional Affairs.

With each response in their papers, in the weeks leading up to the hearing, and including on the day of the hearing, the applicants changed their position on the Masaajid and their interpretation of the fiqh that they relied upon several times.

UUCSA feared a misrepresentation of the Shariah, and therefore applied to be a friend of the court because it felt obliged to represent the Shariah openly, honestly and consistently, illustrating the Maqasid Al Shariah and the expert advice it relied upon for the stance it has adopted.

UUCSA considers the views of the Applicants to be beliefs within the framework of the Shariah. However, UUCSA felt that the applicants had not given enough consideration to the overriding societal harm that might ensue if there was an unprepared, maverick application for a court sanctioned opening of all places of worship.

Faizel Patel

(Twitter: @FaizelPatel143)