Divorces settled by jamiat

Question ID: 29478
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Dear Mufti Elias, as a South African born Muslim I would just like to know why can’t our divorces be settled by institutions like the Jamiat… Or why can’t local ulema and aalims and Muftis not have a final say when reaching out for their help. The reason I am asking is I’ve agreed to a separation from my wife based on a Khula divorce on condition she gives back the mehr. In the Jamiat’s office in Fordsburg my wife’s father agreed to it in front of a representative of the Jamiat . A week later she phoned the Jamiat saying she did not agree to the condition. She has denied me access/contact to my 2 year old daughter for 3 months now . Its unfortunate I have to get legal tactics involved in approaching the high court for simple visitation rights. The cost factor is high and not necessary but this resolves around the issue that there are no Islamic bodies that can help us in a customary marriage dispute. The Jamiat can only advise and not police my rights over my child. Why can’t we have an authoritive body within the Muslim council of bodies that can help us in a legal way. Even if their services renderd are fee structured , it will help so many Muslim families sort out issues
Islamically and the way the Quran has advised us to rather than to use western law and criteria. My problem has worsened where I am allowed supervised visits to my daughter at a cost when my wife walked out and I didn’t divorce her.. Dear Mufti we need to reach out and have our institutions have more authority on such issues . … If the courts have recognized customary marriages than why can’t our institutions apply for power through government and the justice departments.

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Asked on March 13, 2014 9:29 pm
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I am surprised that the said Jamiat office did not make both parties sign a legal document binding all parties. Such documentation does exist. Checks and balances are in place. I am astonished that they were not used.
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Answered on March 13, 2014 9:29 pm