Women in polygamous marriages can now inherit - ruling

In the case at hand, Fatima Gabie Hassam, second wife of Ebrahim Hassam, lodged a claim against the executor of her husband's estate and the Minister of Justice after her husband died in August 2001. Johan Jacobs was appointed as the executor of his estate and refused to recognise Hassam's claims in terms of the Maintenance of Surviving Spouses Act and the Intestate Succession Act. Jacobs' reasoning was that her marriage was polygamous, and that Hassam could therefore not be treated as a survivor or a spouse. Van Reenen said Hassam would be entitled to the relief if her marriage had been a monogamous one. Denying her a claim would amount to unfair discrimination unless there was justification for limiting these widows' rights. Full Cape Argus report

The Maintenance of Surviving Spouses Act and the Intestate Succession Act have been referred to the Constitutional Court for the amendments to be confirmed. 'The practical implication is that Muslim women in the position of the applicant (Hassam) will no longer stand to be deprived of their homes and money accumulated during the course of the marriage,' her attorney, Igshaan Higgins, is quoted as saying in a Sunday Times report. He added that in order to prevent dilemmas such as that suffered by Hassam, it was imperative that Muslim law - which gives effect to the provisions of the Koran - be codified in SA. Higgins added Hassam's victory was significant because it showed the Constitution accommodates the needs of diverse people. Full Sunday Times report

The order will affect a class of women who will now be economically and socially empowered, according to the Women's Legal Centre (WLC). A report on the Legalbrief Today site points out that the Constitutional Court in 2004 extended the right to inherit to monogamous spouses married in terms of Islamic law. The WLC, which represented the applicant in that case, intervened in Hassam's case and requested the High Court to extend the Constitutional Court's protection to women in polygamous Muslim marriages. With just under a million Muslim people in SA, the judgment will have a profound impact on the community. 'We are pleased with the outcome and believe that this takes us one step closer to reducing discrimination against women in our society, which occurs as a result of their relationships not being recognised,' said the WLC. Full report on the Legalbrief Today site

The WLC is also supporting a Durban widow in her battle to have her Hindu marriage recognised so that she can claim her inheritance from her late husband's estate. Soloshinie Govender's common-law husband, Balasundran Narainsamy, died last year, intestate and without formalising their marriage, says a report in the Sunday Tribune. The pair had been married in a Hindu ceremony in August 2004 in the presence of the couple's parents. Now Govender is embroiled in an inheritance battle with her father-in-law, Narainsamy Ragavayah, who refuses to recognise her marriage to his son. Ragavayah is the executor of his son's estate, and he and his wife are the heirs. The matter has been set down for the Durban High Court tomorrow (Tuesday). Govender's attorney, Suren Moodley, said Ragavayah had filed his intention to oppose the matter. Full Sunday tribune report