President Cyril Ramaphosa of South Africa has taken a historic step by signing the Divorce Amendment Bill into law, amending the Divorce Act of 1979 to officially recognize Muslim marriages.
This move comes in response to a significant Constitutional Court ruling acknowledging the necessity of protecting Muslim women and children in cases of marriage dissolution within the Muslim community.
Two years ago, the Constitutional Court highlighted the lack of recognition for Muslim marriages as a violation of the dignity of Muslim women, depriving them and their children of legal remedies and protections provided under the Marriage Act.
Vincent Magwenya, spokesperson for the South African President, stated on Thursday that the revised legislation aims to rectify the disparities between marriages under the Marriage Act and those conducted according to Islamic rites, particularly in safeguarding the rights of Muslim women.
Until now, couples marrying under Islamic law had to undergo the additional step of registering a civil marriage to access statutory protections provided by South African law for civil spouses.
Under President Ramaphosa’s amendments, the Divorce Act now includes a clear definition of a Muslim marriage, ensuring the protection of dependent and minor children, asset redistribution upon marriage dissolution, and forfeiture of marital benefits.
The journey towards legal recognition of Muslim marriages began in 2014 when the Women’s Legal Centre of South Africa initiated efforts to address this longstanding issue.
