President ordered to ensure Muslim marriages are recognised as valid

The Women's Legal Centre Trust first applied to the Western Cape High Court in 2014 for an order compelling the president, cabinet and parliament to prepare, initiate, enact and bring into operation legislation providing for the recognition and regulation of Muslim marriages within 12 months.

The state parties opposed the application, arguing there is no obligation on the state to initiate and pass legislation to recognise Muslim marriages. The court ruled in favour of the WLCT in 2018. The state parties applied for leave to appeal against the high court order. But when the matter was heard before the SCA, the president and the justice minister conceded that the Marriage Act and the Divorce Act did infringe on the constitutional rights to equality, dignity and access to courts of women in Muslim marriages.

These reduced the issues before the SCA to three, one of which was whether the constitution places an obligation on the state to prepare, initiate, introduce and bring into operation legislation to recognise Muslim marriages as valid marriages.“It is a well-known fact that marriages concluded in accordance with the tenets of the Islamic faith have never been accorded recognition as valid marriages in SA,” acting justice Pule Tlaletsi said in a unanimous judgment on Tuesday.

He said the views expressed by the courts historically were that Muslim marriages did not accord with so-called “civilised” religious practices, were potentially polygamous, were regarded as immoral and not consonant with religion and were thus contrary to public policy.

South Africa Latest News, South Africa Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

ConCourt confirms marriage act unconstitutional for failing to recognise Muslim marriages | The CitizenThe Constitutional Court confirmed the Supreme Court of Appeals' finding that the Marriage Act and the Divorce Act infringe on the rights of Muslim women. About time.
Source: TheCitizen_News - 🏆 6. / 75 Read more »

President ordered to ensure Muslim marriages are recognised as validThe Marriage Act and the Divorce Act are inconsistent with the constitution insofar as they fail to recognise Muslim marriages as valid, the Constitutional Court ruled on Tuesday. Now my cousins can make sure their mom gets what is rightfully due to her. God willing. Ameen.
Source: SowetanLIVE - 🏆 13. / 63 Read more »

Enyobeni Tavern deaths: Parly urges EC govt to act in finding those responsibleThere have been calls for the Eastern Cape government to move with speed in determining the psycho-social counselling needs for children who were school mates and friends of the victims.
Source: ewnupdates - 🏆 30. / 53 Read more »

Eskom says it will act against striking workersEskom employees who embarked on an unprotected strike will face disciplinary action. That's according to spokesperson Sikonathi Mantshantsha. I hope by firing them. Tipical economic saboteurs!!😠 How? By agreeing to demands. Paying them for striking. Rewarding them basically for criminal actions.
Source: eNCA - 🏆 49. / 51 Read more »

Nigeria: Tems Wins Best International Act At BET Awards 2022Talented singer, Temilade Openiyi, popularly called Tems, has emerged winner of the Best International Act at the BET Awards 2022, making it the second time the singer is hitting the stage.
Source: allafrica - 🏆 1. / 99 Read more »

President ordered to ensure Muslim marriages are recognised as validThe Marriage Act and the Divorce Act are inconsistent with the constitution insofar as they fail to recognise Muslim marriages as valid, the Constitutional Court ruled on Tuesday. Now my cousins can make sure their mom gets what is rightfully due to her. God willing. Ameen.
Source: SowetanLIVE - 🏆 13. / 63 Read more »