News Articles

Judge gives government 24 months to recognise Muslim marriages

Source: ENCA, 31/08/2018


- Judge Siraj Desai has declared that a union made under Sharia law
is valid, even after its dissolution.
The court ruling said not recognising Muslim marriages is
unconstitutional.
The Minister of Justice and Home Affairs will have to pay the Women’s
Legal Centre`s costs for the case.

Government has been given 24 months to comply with his ruling and
recognise Muslim marriages.

The Women’s Legal Centre sought the same privileges for Muslim women
as in other marriages.

Because Muslim marriages aren’t legally recognised, the women have no
automatic rights if they divorce.

The centre also wanted judicial oversight of Muslim divorces, arguing
that a range of constitutional rights, including the right to
equality, were being violated.


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