Islamic marriages in South Africa: Quo vadimus?

Abstract

Due to their potentially polygamous nature, Islamic marriages are not recognised in terms of South African law. The consequences of this non-recognition have been particularly unfair to Muslim women. Until 2000 a Muslim woman had no claim for loss of support if her husband was unlawfully killed. Even today she cannot claim maintenance from her husband after a divorce; she is not an intestate beneficiary after the death of her husband; can be compelled to give evidence against her husband in criminal proceedings and can not claim financial support during the course of her marriage. Since early times there have been calls for the recognition of Islamic marriages. The 1996 Constitution of South Africa protects, among other rights, cultural and religious rights and makes provision for the recognition of cultural and religious marriages by means of legislation. This article gives a brief historical overview regarding the position of Islamic marriages in South Africa. Thereafter the current position of Islamic marriages will be discussed, and finally a few comments regarding the future of Islamic marriages will be given.