“Now Al Jama-ah says we need an interim solution, that’s why we submitted a private members Bill just to register a Muslim marriage so that we can have legal consequences. So when the Imam marries you it must trigger a valid South African Marriage certificate which would give women and children legal consequences.” Hendricks explains.
Meanwhile, Muslim marriage Advocate, Fairouz Nagialegal, who claims to have been a victim of abuse, says the Con court judgment is a movement in the right direction, However she cautions that women in Muslim marriages may still have to go through the same dual processes, as now it would be just a matter of getting divorces immediately through the courts.
She elaborates, “So for me the question is, did the Court go far enough to recognise the Islamic system that is actually associated with Muslim marriages? I don’t think that they did. I think that there are bodies of law and there are rights and obligations that will not necessarily be enforceable because it is now boxed within a civil framework in terms of the Muslim marriages and in terms of the Divorce Act.
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