Muslim marriages have not been recognized in South African law for a long period of time. However, on 9 May 2024, President Cyril Ramaphosa assented into law the Divorce Amendment Bill which amends the Divorce Act of 1979.
The recently enacted Divorce Amendment Bill acknowledges Muslim marriages under South African law, ensuring the rights of women, as well as minor and dependent children within these unions.
Couples opting for Islamic or Sharia law marriages now benefit from legal protection under South African Family Law, regardless of civil registration.
This extension of existing legal remedies to women in Islamic marriages marks a progressive stride, though challenges in implementation may arise as the law evolves. Nonetheless, it signifies a positive advancement in legal inclusivity.
Danel Campbell Attorneys specializes in Family Law and is available to assist with any enquiries that you have.
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