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Muslim Marriages

On 31 August 2018, a full bench of the Western Cape High Court ordered that the State is obliged to implement legislation to recognise Muslim marriages and the consequences thereof within 24 months.

Prior to the judgement, a draft bill to legally recognise Muslim marriages was introduced for public comment, but according to the Minister of Justice, the bill was widely opposed as being inconsistent with Sharia law and “unIslamic”.

The Women’s Legal Centre Trust, which said it was aimed at providing Muslim women and their children with legal protection upon divorce, approached the court for an order against the President of South Africa and others to provide legislation to govern Muslim marriages and, in particular, to provide legal protection to the women and their children in relation to divorce and inheritance.

The court declared that the president of the country and other respondents had failed in their constitutional obligation and that the state is obliged to respect, protect and promote the rights to dignity, equality, religion, the best interests of the child and access to courts by enacting legislation to recognise Sharia law marriages.

The state was given 24 months to rectify this failure, failing which all marriages validly concluded under Sharia law would be dissolved according to the Divorce Act.

Bailey Haynes Inc. – Attorneys in Cape Town

For more information on Muslim Marriages and how we can assist you with your marriage agreement, please contact our attorneys in Cape Town.

 

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“No such thing as common-law marriage”

There is a common misperception of the term “common law marriage” in South Africa. The term is also known as cohabitation, domestic partnership or a life partnership and is defined as a heterosexual or same –sex couple who are not legally married but live together and share an emotional, physical and financial relationship.

Due to the nature of the relationship many regard it as equivalent to a legally recognized marriage, however this is incorrect.

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Posted by Retha Smit on Wednesday, February 27, 2019 Views: 306


 

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Till death do us part – the effect your marriage regime has on estate planning

When couples decide to get married, they are usually not thinking about death and what might happen once one of them sadly passes away. However, in reality choosing a marriage regime is very important for estate planning. Here’s what you need to know when considering the effect your marriage regime might have on estate planning.

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Posted by Jesse Kriel on Thursday, January 31, 2019 Views: 301


 

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Customary Marriages and Community of Property

Since the promulgation of the Recognition of Customary Marriages Act, 120 of 1998, the position has changed in that customary marriages are now recognised in our law. A marriage that is valid in terms of customary law and was in existence at the time of commencement of the Act, is for all purposes recognised as a marriage in terms of the Act. 

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Posted by Jacques Haynes on Friday, May 5, 2017 Views: 1313