Arguments to have the Muslim Marriages Bill made law finally started in the Western Cape High Court yesterday. A Cape Times report says the Women’s Legal Centre (WLC) has brought President Jacob Zuma, Parliament, the departments of Home Affairs, Justice and Correctional Services to court to have Muslim marriages recognised with the passing of the Bill. The WLC is arguing that by not recognising Muslim marriages under common law, Muslim women are not afforded legal protection and do not have access to the courts to assert their rights.

According to the centre, the non-recognition of Muslim marriages has far-reaching implications and consequences for women in such marriages, as they do not have the protections offered to women in civil marriages. Religious and cultural tribunals – or religious decision-making bodies that aim to assist women – lack the enforcement powers to ensure rulings are implemented, they have said. Some of these rights are whether a wife and her children can claim the marital home registered in her husband’s name upon divorce; and whether women may have access to pension benefits of her husband after divorce.

Full Cape Times report (subscription needed)

The centre has assisted 753 Muslim women over the past 13 years, Advocate Naxreen Bawa, on behalf of the WLC, told the court. But she said the centre had to show the door to many more as the centre has limited resources. According to a report in Die Burger, advocates for the applicants who had their cases pooled together in terms of an earlier court directive, sketched a picture of a piecemeal approach approach currently followed by the courts where aspects of Muslim marriages have been pronounced on, but comprehensive legislation dealing with all aspects is urgently needed.

Full report in Die Burger (subscription needed)