Proposed changes to marriage and divorce laws tabled
The Al Jama-Ah political party is introducing two private members’ Bills to Parliament seeking to change divorce and marriage registration laws in the country.
Party leader Mogamad Ganief Hendricks has gazetted notice to introduce the Divorce Amendment Bill, seeking to adjust regulations governing the dissolution of a Muslim marriage.
At the same time, notes Business Tech, the Registration of Muslim Marriages Bill has been introduced to Parliament, seeking recognition of Muslim marriages in law.
The notice for Divorce Amendment Bill is currently open for public comment until 17 December, while the Registration of Muslim Marriages Bill was introduced last week and needs to make its way to the portfolio committee before heading to National Assembly.
Hendricks told Parliament that parties in Muslim marriages and homes have suffered and been left broken because they are cut off from remedies available in the Divorce Act upon dissolution of their marriage.
A recent Constitutional Court case of Women’s Legal Centre Trust v President of the RSA and Others found that the Marriage Act, alongside the Divorce Act, were inconsistent with sections nine, 10, 28 and 34 of the Constitution – in that they failed to recognise marriages solemnised in accordance with Sharia law (Muslim marriages).
Marriages solemnised under Sharia law are not registered as valid civil marriages in SA.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
