Muslim marriages: Women's Legal Centre says judgment is of 'great significance'

2018-08-31 21:23
(Duncan Alfreds, News24)

(Duncan Alfreds, News24)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

The Women's Legal Centre (WLC) has welcomed the Western Cape High Court judgment which found that the state was obliged to introduce legislation to recognise Muslim marriages as valid. 

"This judgment, and the order made, is of great significance for women, current and future, who have, and will choose to, enter into a Muslim marriage," the non-profit law centre said in a statement.

Judges Siraj Desai, Gayaat Salie-Hlophe and Nolwazi Boqwana handed down the judgment on Friday. 

The court declared that the president and Cabinet had failed to fulfil their constitutional obligations and that such conduct was invalid. 

The application for the recognition of Muslim marriages was brought by the Women's Legal Centre, which said it was aimed at providing Muslim women and their children with legal protection upon divorce.

READ: State must introduce legislation to recognise Muslim marriages as valid, court rules

The court declared that, should legislation not be enacted within the next two years (24 months), a union that was validly concluded as a marriage in terms of Sharia law and which subsisted at the time that the order became operative, may be dissolved in accordance with the Divorce Act and all provisions of that act would be applicable.

"The court referenced a number of Constitutional Court judgments in confirming that 'women continue to occupy a vulnerable position in our society in relation to familial structures', and accepted the comparison made by the WLC between the recognition and protection afforded to women in Muslim marriages, and the recognition and protection of partners in civil or customary marriages," the WLC said.

The law centre added that it hoped to see the fruits of the judgment in the coming months, and that the state would introduce legislation without delay.

Read more on:    religion

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

Inside News24

 
/News
Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.