Womens Legal centre Archives - Voice of the Cape

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

News

ConCourt judgement underlines need for legal framework in Muslim marriages

By Yaseen Kippie While Muslim women in polygamous marriages are now able to inherit from their deceased spouse with the amendment of the Wills Act, Shehaam Samaai, an attorney and director at the Women’s Legal Centre, says women's vulnerabilities persist due to the lack of a legal framework under the South African constitution to protect their rights after divorce. The case involving the second wife of Osman Harneker, filed at […]

3 July 2018

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

Judgment reserved in Muslim marriages case

The Women's Legal Centre on Friday left tempers flaring in the Western Cape High Court when it pointed out that nine counsel had been appointed by the State to argue the organisation's application for the recognition of Muslim marriages, and all nine had advanced the same argument. All the advocates representing the State had argued that it was not within the court's jurisdiction to determine the matter. "It required [all […]

20 April 2018

News

‘We need a legal framework for Muslim marriages’: MJC

While the debate around the Muslim Marriages Bill remains a divisive issue within the South African Muslim community, the majority of ulema are in support of the court bid to compel national government to make this a reality. The fight for the recognition of Muslim marriages is one rooted in South Africa’s apartheid history and even today 23 years after democracy, the battle continues. Religious marriages, such as Muslim marriages, […]

29 September 2017

News

Deputy Minister’s attack on women highlights why impunity must end

Government needs to make it a priority to gain an in-depth understanding and be accountable of the scale of the socio-economic realities of marginalised women in South Africa. Until they do so they will not be able to address issues relating to women’s rights and GBV in South Africa in any meaningful way. That's according to the Women's Legal Centre in highlighting the challenges facing women on Women's Day on […]

9 August 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

News

Muslim marriage case back in court

On Monday, the Western Cape High court will hear arguments from the Women’s Legal Centre, the State, and interested parties on whether the failure to recognise Muslim marriages discriminates against women. The failure to recognise Muslim marriages has been the subject of a more than a decade law reform process. The WLC launched its application to compel the South African Government to give recognition to Muslim personal law, including Muslim […]

20 March 2017

Womens Legal centre

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