10-06-2026 11:10:22 (GMT +02:00) Pretoria / Cape Town, South Africa

Women`s Legal Centre fights for full legal recognition of Muslim marriage
21. Nov. 2015 Business Day

THE Women`s Legal Centre is forging ahead with its fight to force the
government to recognise marriages solemnised in terms of Muslim
rites.


The centre says it is taking the government to court for failing to
pass legislation that will give recognition to Muslim marriages.


In December the Western Cape High Court will hear arguments from the
state, the Women`s Legal Centre and interested parties on whether the
failure to recognise Muslim marriages constitutes discrimination
against women.


In 2014, then deputy president Kgalema Motlanthe said that the
accreditation of more than 100 Imams as marriage officers will pave
the way for the official recognition of the marriages of Muslim
couples, allowing them to be recorded on the National Population
Register and to receive the full legal status afforded by the
Constitution.


But the Women`s Legal Centre says that Muslim clergy becoming marriage
officers does not mean that Muslim nuptials are legally
recognised.


Hoodah Abrahams-Fayker, an attorney at the Women`s Legal Centre, said
that the Marriage Act provides for the marriage of one man to one
woman.


This is contrary to Muslim Personal Law, which allows a man to have
more than one wife. Civil marriages are monogamous and polygamous ones
are invalid under civil law, Ms Abrahams-Fayker said.


"The legislation has not changed. In fact, the legal recognition of
Muslim marriages has not yet taken place despite promises to do so
since1994. Muslim clergy have always been able to register as marriage
officers," said Ms Abrahams-Fayker.


She said when civil or customary marriages break down, the law steps
in to ensure fairness between the spouses and to protect the rights of
the children. This is not the case in respect of Muslim
marriages.


"Once



 

customary marriages were given full legal recognition, the
historical basis for not recognising polygamous marriages fell
away.

The courts have already found the lack of inclusion of
Muslim marriages to be discriminatory in respect of inheritance and
spousal dependants` claims, but legislation is needed to recognise
them for all purposes," Ms Abrahams-Fayker said.


The Women`s Legal Centre is relying on a range of constitutional
rights, which it argues have been violated, including the right to
equality. It will urge the court to order the state respondents to
pass legislation that cures the unconstitutional position, or
alternatively include Muslim marriages in the existing legislation
that regulates civil and customary marriages.


The president, the minister of justice and correctional services, the
minister of home affairs, the speaker of the national assembly and the
chairperson of the National Council of Provinces have filed papers
opposing the relief sought by the Women`s Legal Centre.


In his answering affidavit, Justice Minister Michael Masutha said the
relief sought for the recognition of Muslim marriages is a complex and
sensitive matter.


"I am advised that section 15 (of the Constitution) does not impose
any obligation on the state to prepare, initiate and enact legislation
for and in respect of any particular religious group of persons," the
minister said.


Home Affairs Deputy Minister Fatima Chohan said in her affidavit that
the consequence of the state adopting legislation to recognise Muslim
marriages is that it must legislate in accordance with Shariah law,
"whose principles are incongruent with the constitutional framework". V.1401

More related News

 
Critical Skills Visa
02. Oct. 2025 SA Migration
  More than 380k South Africans blocked from IDs lawyers challenge home affairs
26. Aug. 2025 News 24

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
Click here for full article


 

One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

 V.6133
Click here for full article


Airport Immigration Alert
25. Aug. 2025 SA Migration
  Airport Immigration Alert
25. Aug. 2025 SA Migration

The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
Click here for full article


 

The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
Click here for full article


A New Zealand mother and her 6-year-old son released from US immigration custody after being detained for weeks
25. Aug. 2025 CNN
  High Court upholds corporate visa refusal: Implications for businesses
25. Aug. 2025 Biz Community

A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
Click here for full article


 

On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

 V.6131
Click here for full article


US faces 9.4bn dollars tourism loss from new 250dollars visa fee targeting African countries
25. Aug. 2025 businessinsider
  Airport Immigration Alert
21. Aug. 2025 SA Migration

The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
Click here for full article


 

The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
Click here for full article


ARRESTED & UNDOCUMENTED: WHAT ARE YOUR OPTIONS?
20. Aug. 2025 SA Migration
  E-Hailing & Scooter Drivers in South Africa â€` Why Being LEGAL is CRUCIAL!
20. Aug. 2025 SA Migration

1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
Click here for full article


 

Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
Click here for full article



Search
South Africa Immigration Company