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South Africa: Marriages Under Islamic Law Given Legal Status
GroundUp, 29 June 2022
Women who divorced under Sharia were often left destitute and powerless to enforce maintenance and protect the rights of their children Read more »
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South Africa: Govt to Appeal Decision On Muslim Marriages
SAnews.gov.za, 22 October 2018
Government has taken a decision to appeal the judgment handed down by the Western Cape High Court on Muslim marriages. Read more »
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South Africa: Understanding the Muslim Marriages Judgment
GroundUp, 10 September 2018
Despite fierce opposition, the Cape High Court has compelled government to introduce legislation that recognises Muslim marriages Read more »
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South Africa: Court Orders Recognition of Muslim Marriages
DW, 31 August 2018
A South African court has ruled that Islamic law marriages must be recognized by the state to give women more protection in case of divorce. The ruling is "an enormous victory,"… Read more »
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South Africa: Opposing Views of Muslim Marriage Clash in Court
GroundUp, 4 September 2017
Judge will have to decide on legal protections for women married according to Islamic tradition Read more »
South African Apex Court Confirms Recognition of Muslim Marriages
The Constitutional Court has confirmed the Supreme Court of Appeal's ruling that the Marriage Act and the Divorce Act are unconstitutional for failing to recognise Muslim marriages, writes Tania Broughton for GroundUp.
The Women's Legal Centre Trust and Muslim Assembly Cape argued that not recognising Muslim marriages left women without legal protection. The Association of Muslim Women of South Africa opposed the application, saying "disgruntled Muslims or modernists" could simply conclude marriages under the Marriage Act.
The Constitutional Court said it was not ruling on the constitutionality of Sharia law but only considering the hardships faced by women and children excluded from the benefits of the two acts. The Constitutional Court has given legal recognition to Muslim women married in terms of Sharia law, and also their children.
InFocus
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The Western Cape High Court has ordered the government to change the law to formally recognize Muslim marriage for the first time to avoid being in breach of the constitution. ... Read more »
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Advocate Nazreen Bawa, representing the Women's Legal Centre, has called on the Western Cape High Court to recognise, register and regulate Muslim marriages in the same manner as ... Read more »
