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Showing posts from November, 2018

Recognition of Muslim Marriages in South Africa

In a recent Western Cape High Court (WCC) decision in  Woman’s Legal Centre Trust v The President of the Republic of South Africa and Others, Faro v Bignham N.O and Others, Esau v Esau and Others (22481/2014, 4466/2013, 13877/2015) [2018] ZAWCH 109 (31 August 2018) the High Court had to consider whether the State had failed in its duty to  “respect, protect, promote and fulfil the rights in the Bill of Rights”  as is prescribed in Section 7(2) of the Constitution of the Republic of South Africa, Act 108 of 1996 (“the Constitution”) by not enacting legislation to recognise and regulate Muslim marriages. Muslim marriages are currently not recognised as a valid marriage worthy of legal protection at the dissolution of the marriage whether by death or divorce. The reason for this is because they are solemnised in terms of Islamic tenets, by an Imam who is usually not a licenced marriage officer. A Muslim marriage is not registered at Home Affairs and therefore it is not recognised