A Muslim marriage is a type of marriage in which the couple is joined by Islamic law.
In a Muslim marriage, the husband and wife promise to live together as husband and wife. They also promise to remain sexually faithful to each other, to be kind and support each other, and to respect each other’s religious beliefs. The couple also agrees that they will marry no one else after they are married.
Are Muslim marriages legal in South Africa?
South Africa is the first country in Africa to legalize same-sex marriage. South Africa’s Muslim community had been fighting for marriage equality for years. All marriages entered in terms of Islamic law, are currently not recognised as valid marriages.
For a valid marriage to be recognised in South Africa one must get married in terms of civil law which is regulated by the Marriage Act 25 of 1961 or two people can enter into a civil union partnership under the Civil Union Act 17 of 2006.
Muslim marriages in South Africa
The right to freedom of religion and belief includes the right to hold and practice any religious or political opinion. There are rights & obligations that arise from a civil marriage, which can usually be recognised by legislation.
Depending on whether the marriage was under Islamic law, couples will be impacted differently by this. Some rights such as divorce or succession will not apply to them and others may see some changes. There are also laws that are violated for the rights of women and children during domestic divorce proceedings.
