The WCLT brought the application, which began in the Western Cape High Court, seeking the High Court to direct the President and Cabinet to prepare, initiate, enact, and bring into operation legislation providing for the recognition and regulation of Muslim marriages within 12 (Twelve) months of the date of the order (“ the First Relief”). Prior to the Con Court judgment, Muslim married women were vulnerable when dealing with divorce and inheritance. Our courts have heard various matters that have further highlighted the need for the recognition of Muslim marriages and the impact on Muslim marriages as a result of being excluded from complete legal protection.
The order legally recognises Muslim marriages and declares certain sections of the Marriage Act 25 of 1961 (“ the Marriage Act”) and the Divorce Act 70 of 1979 (“ the Divorce Act”) unconstitutional in that they fail to recognise marriages solemnised in accordance with Sharia law as being valid for all purposes in South Africa, and to regulate the consequences of such recognition. On 28 June 2022, the Constitutional Court (“ Con Court”) handed down judgment in an application brought by the Women’s Legal Centre Trust (“ WLCT”) to confirm an order of the Supreme Court of Appeal (“ SCA”). Article written by S’negugu Dlamini, checked and released by Jordan Dias, Associate at Schindlers Attorneys.
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