The Muslim Judicial Council (SA) is advising Muslim couples to exercise caution when registering their marriages under the Recognition of Customary Marriages Act.
The warning follows a directive from the Department of Home Affairs allowing Muslim couples to register their marriages under the legislation.
While the move provides a pathway for Muslim marriages to be officially registered, the MJC says there is still uncertainty around the full legal consequences and long-term implications for couples.
The council is instead recommending that couples who require an official marriage certificate consider having their marriage solemnised by a qualified Imam Marriage Officer under the Marriage Act, while also entering into an antenuptial contract to protect their assets.
The MJC is urging couples to seek advice from a qualified legal professional or the council before deciding how to register their marriage.
Speaking to VOC, MJC executive member, attorney and UWC Law Faculty lecturer Shaykh Muneer Abduroaf says there is currently no clear legal framework outlining the consequences of registering a Muslim marriage under the Recognition of Customary Marriages Act.
“The current state of affairs is that the Department of Home Affairs has issued a directive stating that Muslims are now allowed to register their marriages in terms of the Recognition of Customary Marriages Act,” Abduroaf said.
He says customary marriages registered under the Act are subject to a specific legal framework, but it remains unclear whether those same consequences would automatically apply to a Muslim couple who registers a nikah under the Act.
“So there’s no legal certainty as to what would the legal consequences be in the event of a Muslim couple, now married in terms of a nikah at a masjid, takes the nikah certificate and registers it at Home Affairs,” he said.
Abduroaf says the absence of clear legislation setting out the specific legal consequences for Muslim marriages is behind the MJC’s caution.
“There is no certainty or no Act of Parliament that gives the finer details as to what the consequences will be. And for that reason the Muslim Judicial Council is cautioning, in the absence of that, to go in this direction,” he said.
The MJC says couples should ensure they understand the legal implications of their options before registering their marriages.
Listen to the full interview with Shaykh Muneer Abduroaf below.
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