A legal expert voiced concerns over the misunderstandings around the Divorce Amendment Act of 2024, which addresses the rights of Muslim divorcees, pointing out that South African law still does not fully recognize Muslim marriages.
Speaking on VOC Breakfast on Wednesday, Whalied Said Director and Attorney at Said Attorneys said this discrepancy indicates that although rights during divorce are protected, rights and protections during marriage are not entirely in line with Islamic principles or legal requirements under the Marriage Act.
Said further stated said registering a Muslim marriage at Home Affairs contradicts Shariah principles.
“Registering a Muslim marriage at Home Affairs defaults it into community of property (ICOP) and this is not an Islamically sound arrangement. ICOP means that spouses share all assets and debts equally, which can create complex legal issues in areas like inheritance and Wills from a Shariah perspective,” he added.
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