TITLE

Legislative Recognition of Muslim Marriages in South Africa

AUTHOR(S)
Manjoo, Rashida
PUB. DATE
July 2004
SOURCE
International Journal of Legal Information;Summer2004, Vol. 32 Issue 2, p271
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses legislative recognition of Muslim marriages in South Africa. Both theoretically and constitutionally, South Africa is a secular state with many religious and non-religious groupings co-existing with each other. The reality is that there is widespread observance of both religious and customary law. Muslims constitute approximately 1 % of the population and have been in South Africa for over 300 years. Since the twentieth century, the practice and administration of Muslim personal law in communities was administered by the judicial and social welfare divisions of the local Ulama Councils (Muslim clergy). Thus, matters of marriage, divorce, custody, succession were resolved by these bodies. The State does not as yet recognize marriages solemnized according to Muslim laws. Women married in terms of Muslim Law are not afforded the protection of South African marriage and divorce laws. Currently, marriages contracted in accordance with Islamic Law and marriages contracted in terms of the existing civil law, operate in isolation of each other.
ACCESSION #
14250785

 

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