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You are here: Home / News / From Margins to Mainstream – Recognition of Muslim Marriages in South Africa

From Margins to Mainstream – Recognition of Muslim Marriages in South Africa

18 November 2024 by Guest

Ismail Joosub recognises the new milestone South Africa reached in terms of constitutionality, diversity and dignity as the Department of Home Affairs begins to recognise Muslim marriages.

The post FROM MARGINS TO MAINSTREAM – RECOGNITION OF MUSLIM MARRIAGES IN SOUTH AFRICA appeared first on FW de Klerk Foundation.

Issued by Ismail Joosub on behalf of the FW de Klerk Foundation:

In October 2024, South Africa reached a new milestone as the Department of Home Affairs began issuing marriage certificates that officially recognise Muslim marriages, commonly known as “Nikah marriages”. This development, which followed years of advocacy and legal battles, marks a significant moment not only for South Africa’s Muslim community, but for the broader diversity of our nation. It is a moment that underscores the power of  —a document that, in its brilliance, has made space for all South Africans to live out their diverse and rich traditions, including those in religious minority communities. For the first time in our history, Muslim couples will no longer be forced to choose between a civil or customary marriage in order to gain state recognition. They now have the right to register their Nikah marriages with the Department of Home Affairs, affirming their right to dignity, equality and religious freedom.

The road to this victory was long and fraught with legal challenges. For decades, South Africa’s Muslim community lived without the legal recognition of their marriages, despite the fact that these marriages were valid under Islamic law. The lack of legal recognition created a host of difficulties for Muslim women, children and families, from inheritance disputes to challenges in divorce proceedings. In the face of these challenges, the Muslim community, alongside human rights lawyers and civil society advocates, called for reform, for their marriages to be recognised as legitimate and binding under the law.

In 2022, this call was heard in the highest court of the land. The Constitutional Court ruled that the Marriage Act of 1961, as well as the Divorce Act of 1979, were unconstitutional, because they failed to recognise Muslim marriages. The declaration of constitutional invalidity was suspended for a period of 24 months to…continue reading this article HERE.

 

Adriaan Vlok: {1991 – 1994} Vlok served as Minister of Prisons during the apartheid era and was known for his controversial policies. He later became involved in various political and social initiatives post-apartheid.

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Category: NewsTag: FW De Klerk Foundation

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