Judgment reserved in Muslim marriages application

• Author: Mwangi Githahu
• Published date: 06 August 2021
• Publication title: Cape Argus (Cape Town, South Africa)

The WLC wants the Constitutional Court to confirm an order of the Supreme Court of Appeal (SCA) made in December last year.

The SCA ruling said it recognised the injustice and stigma suffered by Muslim women in South Africa because of the non-recognition of marriages concluded in terms of Sharia law, and gave the State 24 months to remedy the defects in the law.

Yesterday the lawyer representing the WLC, Nazreen Bawa, told the court that their case was about providing effective relief for Muslim women.

“Our case is not about denying anyone their faith, we are not seeking an amendment of the Qur’an, we have only sought to place before court the ongoing discrimination and vulnerability Muslim women find themselves in. The WLC cannot provide each and every woman with legal representation. This desperate need requires State intervention and remedy.”

In the case, which was billed in court papers as WLC vs The President of South Africa and Minister of Justice, the State argued that it was not opposing the application, but said relief must be limited to Muslim marriages terminated either by death or divorce before the date of the order.

Andrea Gabriel, appearing for the State, said: “The State parties do not believe that there is an automatic right or obligation on the State to recognise marriages that are concluded in South Africa.” She also argued that the State is concerned that there will be chaos if interim relief is extended to marriages that have already been dissolved either through death or divorce.

Speaking after judgment was reserved, WLC director Seehaam Samaai said: “For the past 25 year the WLC has been litigating for the recognition of Muslim marriages and to ensure...