Muslim marriages Archives - Voice of the Cape

Court Ruling Affirms Muslim Spouses’ Rights Under Divorce Amendment Act

A recent ruling in the Gauteng High Court has clarified the application of the Divorce Amendment Act 1 of 2024, specifically in relation to Muslim marriages. The case involved an applicant seeking interim maintenance and legal costs during divorce proceedings despite her husband having issued a Talaq (Islamic divorce declaration). Senior lecturer at the University of the Western Cape’s Faculty of Law, Dr Ashraf Booley, explained that the applicant could […]

16 April 2025

Local

South Africa enacts law recognizing Muslim marriages for divorce proceedings

By Ragheema Mclean President Cyril Ramaphosa has signed the Divorce Amendment Bill into law, recognizing Muslim marriages and providing statutory protection for women and children during marital dissolution. Prompted by a Constitutional Court ruling, the amendment addresses previous shortcomings by defining Muslim marriages and ensuring protection for dependents, asset redistribution, and forfeiture of patrimonial benefits. The amendment aims to provide Muslim couples married under Islamic law with statutory protection without […]

10 May 2024

Local

Political party Al Jama-ah informed the public that the “Registration of Muslim Marriages” at the Department of Home Affairs (DHA) has temporarily been frozen

By Kouthar Sambo Political party Al Jama-ah has informed the public that the "Registration of Muslim Marriages," at the Department of Home Affairs (DHA) has temporarily been frozen until further notice. Speaking on VOC's Drive Time on Wednesday, the Head of the Muslim Judicial Council's (MJC) Legal Desk and Associate Professor at the University of the Western Cape (UWC) Faculty of Law Sheikh Dr Muneer Abduroaf, rehashes how it all […]

9 November 2023

News

Victorious WLC urges State to fast-track legislation recognizing Muslim marriages

By Tauhierah Salie The Women’s Legal Centre has urged the State to fast-track legislation recognizing Muslim Marriages in South Africa. The Centre took government to court in 2014, in a bid to prove that muslim women married in accordance with Sharia law, and their subsequent children, were unfairly discriminated against and deprived of rights and services related to divorce and property. The Constitutional court agreed that certain sections of the […]

29 June 2022

News

Official complaint about attorney who used ‘ninja’ slur in ConCourt hearing

NATIONAL A professional misconduct complaint has been laid with the Legal Practice Council (LPC) against an attorney who allegedly accused a senior counsel, dressed in a hijab, of “dressing like a ninja” to put “on an act” for the day’s proceedings at the Constitutional Court. Nazreen Bawa was representing the Women’s Legal Centre in a case about the recognition and regulation of Muslim marriages. Yasmin Omar was the attorney for […]

8 August 2021

Opinions

Recognition of Religious Marriages in South Africa

OPINION by Waheeda Amien To date, religious marriages including Muslim marriages, Hindu marriages and Jewish marriages in South Africa have not been afforded legal recognition. On 30 May 2018, the Muslim Judicial Council (MJC) in Cape Town hosted President Cyril Ramaphosa at a community iftar (Muslim breaking of the fast). On this occasion, the President indicated the government’s commitment to ensuring that Muslim marriages are afforded recognition. When the audience […]

6 June 2018

Local

State fails to protect women in Muslim marriages, says advocate

There is a need for "coherent clear legislation" to provide for the protection of women in Muslim marriages, the Women's Legal Centre told the Western Cape High Court on Wednesday. Advocate Nazreen Bawa, for the centre, said there was an "unmet constitutional obligation", GroundUp reported. The centre is asking the court for married Muslim women and their children to be provided with legal protection, especially when the couple divorces or […]

1 September 2017

News

3 judges to preside over Muslim marriages case

A class action case calling for the recognition of Muslim marriages has been postponed to the 28th August. The matter was meant to be heard at the Western Cape high court on Monday morning. The Women’s Legal Centre launched the application to compel the South African Government to give recognition to Muslim personal law, including Muslim marriages. The centre’s director Seeham Samai says three judges have now been appointed to […]

20 March 2017

Muslim marriages

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