Islamic Family Court

The Islamic Family Court (IFC) was primarily established for one objective: to assist women in the previously-coloured designated areas in having their marriages terminated (through a Faskh).

Islamic Law dictates that this be done through a Muslim Judge (Qadhi) – which to date does not exist in our communities. The next alternative was to have a panel of three scholars preside over judicial hearings. This proved a challenge as many of our areas and most of our mosques are served by only one Imam / Moulana.

So, at the end of 2018, eight Ulamaa from Eldorado Park and the West Rand got together to establish the IFC and started putting mechanisms into place to achieve this objective.

The founding members considered it prudent to contact their colleagues in other areas. The response was overwhelming, and this initiative was warmly received. Many Ulamaa, ladies and lawyers attended workshops to brainstorm getting this initiative off the ground.

In 2018, the IFC operated under the radar. This year was used to develop policies and procedures and to refine the way we operate. Naeem Jacobs, who worked extensively at the CCMA, was instrumental in bringing structure and focus to our proceedings.

Workshops that were held: Code of Conduct, Nikaah Policy and Procedure, Talaaq Policy and Procedure, Nikaah Verification Policy and Procedure, and Faskh Policy and Procedure.

During hearings, it became apparent that married couples faced many challenges. This prompted the IFC to expand its services.