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26 SPECIAL SEGMENT

Interview with Professor

Najma Moosa,

University of the Western Cape in South Africa

Recently, on 18 October 2016, the Islamic University of Malaysia (UIM) hosted the
“Seminar on Women: Rights and Responsibilities - Between Text and Context” in UIM
Campus in Cyberjaya, Selangor. Amongst the scholars invited to present a paper in

this seminar was a senior professor at the Faculty of Law, University of the Western
Cape in South Africa, Prof Najma Moosa. Bulletin UIM Bil 10/2017 has the interview
with her as below:

1. Who Is Prof Najma Moosa (South Africa)? Tell us a bit 3. What was the title of your presentation and why was this
about yourself. topic chosen?

Najma Moosa is currently a senior professor in the Faculty The “Marriage” Rights of Muslim Women As A Religious
of Law, at the University of the Western Cape in South Africa Minority In A Secular South Africa
where she was awarded four (two undergraduate and two Given that most of the attendees at the presentation would not
postgraduate) law degrees and was the ‘first’ alumna to receive have much information on Islamic law in South Africa or know
a master’s and doctoral degree in law. She was the first female much of the position of Muslims, my presentation was limited to
and black (using the inclusive term as explained in Question 5 the South African context in line with the conference theme and
below) dean of the faculty of law where she served as dean for topic. However, the personal objectives of the presentation was
seven years (2002-2008). She is an alumna of both HER-SA and not only to fill this gap in knowledge about South Africa but also
the American Council on Education (ACE) and has completed to glean lessons to be learnt for South Africa from the Malaysian
two certificated Higher Education leadership programmes in experience and marriage laws pertaining to Muslims and non-
the USA where she received mentoring at Wellesley College Muslims. For this reason the presentation was lengthy and
(2002) and Old Dominion University, Norfolk, Virginia (2005). followed by a related and general question and answer session.
She has, in the past, been a research fellow at Yale University and I also used this opportunity and my extended visit to update my
SOAS, London and the recipient of many teaching and research knowledge on the Malaysian position. The additional information
awards including the Vice-Chancellor’s (University) Distinguished garnered is subsequently being incorporated into a publication
Teaching Award. Najma was also admitted as an Advocate of the which will form part of a UIM book proceeding. Significantly, in
High Court of South Africa in 1989 and was a Committee Member so doing, it goes full circle in that it links South Africa back to its
in the South African Law Reform Commission Project 59 (Islamic “Cape Malay” roots explained in Question 5 below.
Marriages & Related Matters) from 1999 to 2003. She is currently
a National Research Foundation (NRF) rated researcher and her 4. Can you summarise what your presentation was mainly
publications, which pertain mainly to Muslim personal law from a about?
constitutional human rights and gender perspective, include the
second edition of a book Unveiling the Mind. The Legal Position Colonialism brought Islam to South Africa almost four hundred
of Women in Islam – A South African Context (Juta, Cape Town, years ago where Muslims remain a religious minority. Since their
2011). She will be married for 30 years and is blessed with three arrival, Muslim marriages have remained formally unrecognised
children. and unreformed in terms of South African law. It was barely 20
years ago that post-apartheid South Africa became a secular
2. What was the purpose of your visit to UIM and the constitutional democracy with a justiciable bill of rights. The
conference details? current (1996) Constitution guarantees both freedom of religion
and makes provision for Muslim marriages to be formally and
I was honoured to be invited as the international speaker to separately recognised within a context of equality. To this end,
give the two hour keynote address at the “Seminar on Women: a third version of a Muslim Marriages Bill has been in place since
Rights and Responsibilities - Between Text and Context” hosted 2010. The Bill is essentially Shari’a compliant and there appears
by the Islamic University of Malaysia (UIM) in Cyberjaya, Selangor to be sufficient leeway in the Constitution for it to operate within
and held on 18 October 2016. I wish to acknowledge my sincere South African law without having to weaken the Shari’a. However,
appreciation to the following people who made this opportunity Muslim women are fortunate in that the Constitution moreover
possible: Professors AM Yaacoob , the Vice-President of UIM formally guarantees equality to all its citizens, regardless of
and Chairman of the Organising Committee and MY Noor, the religion, sex or gender. Inevitably, with recognition some
President of UIM, for their foresight in extending the generous reform will have to follow in order to comply with constitutional
invitation; the Committee Members, especially Ms N Zainal and guarantees of equality. Hence, recognition continues to remain a
Mrs S Mohamad Asraff for their efficiency and warm hospitality challenge. Recently, in September 2016, a postponed application
beyond the call of duty during my visit. lodged by a women’s NGO in 2013 seeking to oblige the
government to enact the Bill in a bid to speed up the process of