A former moulana’s arrest on charges of contempt of court after he was dismissed has ignited outrage within a Muslim community in Cape Town. Moulana Mogamat Farouk Rylands was arrested after he was alleged to have breached a court interdict. He was the Imam of the Waterloo Road Mosque in Kenwyn for approximately 20 years.
This dismissal of Rylands made headlines in 2023, when the Ashrafiah Trust, the group that oversees the mosque, took him to court after he refused to vacate his position. Despite the surrounding community of the mosque signing a petition in favour of Rylands, on December 5, 2023, the Labour Court granted an interdict against Rylands.
Contempt of Court Order
The court order was outlined as follows: Rylands was not to lead any prayers or sermons at the mosque. The court order further stated that, for contempt of court, Rylands was sentenced to six months imprisonment wholly suspended for a period of 12 months on condition he comply with the order from 2023 within seven days.
According to the Waqf concept in Islamic law, a mosque cannot be owned by an individual, but is instead regarded as a perpetual Islamic endowment. Legal expert and Director of DKVG Attorneys, Igshaan Higgins, told us that the mosque belongs to the Muslim community, and that people who contribute financially may feel they have authority, but technically, that is not correct.
Community Governance
Higgins said it was revealed that Rylands, in fact, did not violate the court order. He didn’t disrespect the court order. He recited a prayer after salaah. That would not constitute leading a prayer. The court should get an Islamic scholar to review the issue.
He said it was very unfortunate that the Muslim community was fighting among each other and heading to the courts to get relief instead of talking to one another. In this incident, where a moulana or imaan is arrested and detained is highly embarrassing. My solution, the court sends this matter to mediation to correct the situation where a person who has performed a prayer has been incarcerated.
Here are some key points to consider:
- The concept of Waqf and its implications for mosque ownership
- The importance of community governance in mosques
- The need for Islamic scholars to be involved in court decisions related to mosques
For more information on the concept of Waqf, you can visit the official website of the Islamic Relief South Africa.
