The non-recognition of Muslim marriages, which have not been registered as civil marriages, was deemed unconstitutional. The Constitutional Court held that, at the time of dissolution of a Muslim marriage, the Divorce Act failed to provide for:
1. Safeguarding the welfare of minor or dependent children born of Muslim marriages;
2. The redistribution of assets (where same would be reasonable); and
3. Forfeiture of the patrimonial benefits.
The Court granted the President, Cabinet and Parliament 24 months from date of judgment to ensure that Muslim marriages are recognised as valid marriages for all purposes in South Africa and to regulate the consequences arising from such recognition.
In July 2023 the Divorce Amendment Bill was introduced. After being approved by the National Council of Provinces in February 2024, President Cyril Ramaphosa signed the bill into law on 6 May 2024.
Some of the amendments effected by the Bill can be briefly summarised as:
1. Inclusion of a definition of a Muslim Marriage (“…a marriage entered into or concluded in accordance with the tenets of Islam”);
2. The interests of minor or dependent children born from a Muslim marriage are now safeguarded and protected; and
3. The option for redistribution of assets or forfeiture of patrimonial benefits are now available at dissolution of a Muslim marriage.
These amendments were long overdue and will bring positive relief for many South African Muslim women and children.
For personalised advice and guidance on how these new legal changes may affect you, visit our Family Law team page.
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