(a) The Divorce Act may be used to dissolve a Muslim marriage that was in existence on 15 December 2014 or which may have been terminated in terms of Shari’a by 15 December 2014, in which legal proceedings have not been finally decided.
(b) This remedy however is only available in respect of marriages / terminations where legal proceedings were implemented by either of the parties and where such proceedings have not been finally determined.
(c) The Divorce Act shall guide such proceedings but the Court shall treat such marriages as if they are / were out of community of property.
(d) The Divorce Court must however ensure that the order in respect of the assets of the marriage is just and equitable between the parties
(e) Where a husband is a spouse in another marriage the court must take into account in contracts or agreements and ensure that the matter is determined in a just and equitable manner, and that any other party with a material interest in the proceedings can be joined.
(f) That the Children’s Act will apply in respect of the marriage of minor children to protect their interest
(g) Further that pending the enactment of legislation certain portions of the Recognition of Customary Marriages Act shall apply to Muslim marriages in order to give such marriages legal recognition.
“The judgement doesn’t specifically speak about the consequences being in terms of Islamic law. The recognition, without regulation of Islamic consequences of the marriage, could be problematic for the muslim community. The interim relief does however look at how a marriage can be dissolved and the redistribution of assets.”
