Divorce Act amendments to include Muslim marriages

Parliament is looking to amend the country’s more than 40-year-old Divorce Act for the first time to include Muslim marriages, reports EWN. Muslim religious marriages, unless registered, are currently not recognised under SA family law. It means Muslim women and children born within such marriages – have no protection in law when unions are dissolved. The Constitutional Court has given Parliament a June 2024 deadline to correct the divorce law. The amendment to the 1979 Divorce Act provides a definition for a Muslim marriage as one entered into under the tenets of Islam. It further includes a minor or dependent child of such a marriage. Lawyer Courtney Elson said the country’s family law is constantly having to catch up to the Constitution. ‘They are given the same protection as any other child of any other marriage in SA that includes maintenance, guardianship, care and contact.’ The amendments will mean that a court may now make a decree in respect of a Muslim divorce. 'There, they would look at whether the husband is the spouse in more than one Muslim marriage, so that women are afforded protection where that is the case.’ The public has until 8 September to make written submissions on the Divorce Amendment Bill. Meanwhile, Parliament is still considering whether to proceed with a private member’s Bill introduced by the Al Jama-ah party to recognise Muslim marriages. Muslim religious marriages are not included in a draft marriages Bill also currently before Parliament and open for public comment until the end of August.