Court orders government to recognise Muslim marriages
The Western Cape High Court found that the
government has failed in its
constitutional mandate by not recognising traditional
Muslim marriage.
Judge Siraj Desai ordered on Friday that it be rectified within 24 months.
The application for the recognition of traditional Muslim marriages was brought by the Women’s Legal Centre (WLC) in 2014 and is aimed at providing Muslim women and their children with legal protection should a couple file for divorce.
The centre’s attorney Charlene May explains that while a traditional Muslim marriage is recognised in religion there is no recognition in law.
“if a Muslim couple were to go to their religious head and ask for a marriage ceremony to be performed in essence that marriage ceremony is performed in terms of the religion but has no legal recognition. So when the marriage comes to an end either through death or divorce, our experience has been that women are most affected in a negative way from the dissolution of that marriage. And so we see women losing their right to housing they accumulated during the course of that marriage. In most instances those assets are registered under the husband’s name.”
May says the judgment is a great relief as it has been a long and difficult journey.
“I think we have a great sense of relief. For us it’s been a long road, we have taken on this case with the support of a lot of different people who have made donations and so we relieved that the arguments were presented were good and that the court found in our favour. I think more importantly that the court found in favour of many women on whose behalf we brought this application and on the last day of women’s month we celebrate a small victory.”
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Meanwhile, the Judicial Muslim Council’s Sheikh Riyaad Fataar believes the judgement will solve many issues affecting the local Muslim community.
“The Muslim Judicial Council is absolutely happy with the judgement that was handed down by judge Siraj Desai this morning at the Western Cape High Court. It’s something that the Muslims has long forth driven, it will solve many issues and problems within our community. We are very happy to see the president attached to the High Court order and we now call on the president to make his mark in history and get the Muslim marriage recognised. We are have a Muslim marriage bill ready to be enacted.”
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