President Cyril Ramaphosa has signed into law the Divorce Amendment Bill to recognise Muslim marriages and safeguard the interests of women and children if they are dissolved.
The legislation is a response to a 2022 Constitutional Court judgment which found the Divorce Act was inconsistent with the constitution insofar as it fails to provide for mechanisms to safeguard the welfare of minor children born of Muslim marriages at the time of dissolution of the Muslim marriage, when compared to other marriage regimes. The court suspended the order of invalidity for 24 months.
Until now, Muslim couples choosing to marry according to Islamic law could only be afforded the statutory protection of the South African legal system as it pertained to civil spouses if they, in addition to their marriage under Islamic law, registered a civil marriage.
The amendments enacted by the president provide for a definition of a Muslim marriage in the Divorce Act; the protection and safeguarding of the interests of dependent and minor children of a Muslim marriage; the redistribution of assets on the dissolution of a Muslim marriage and forfeiture of patrimonial benefits of a Muslim marriage.
TimesLIVE
Protection extended to women married under Muslim rights
President Cyril Ramaphosa has signed into law the Divorce Amendment Bill to recognise Muslim marriages and safeguard the interests of women and children if they are dissolved.
The legislation is a response to a 2022 Constitutional Court judgment which found the Divorce Act was inconsistent with the constitution insofar as it fails to provide for mechanisms to safeguard the welfare of minor children born of Muslim marriages at the time of dissolution of the Muslim marriage, when compared to other marriage regimes. The court suspended the order of invalidity for 24 months.
Until now, Muslim couples choosing to marry according to Islamic law could only be afforded the statutory protection of the South African legal system as it pertained to civil spouses if they, in addition to their marriage under Islamic law, registered a civil marriage.
The amendments enacted by the president provide for a definition of a Muslim marriage in the Divorce Act; the protection and safeguarding of the interests of dependent and minor children of a Muslim marriage; the redistribution of assets on the dissolution of a Muslim marriage and forfeiture of patrimonial benefits of a Muslim marriage.
TimesLIVE
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