South Africa to have new marriage and divorce laws

Home Affairs Minister Aaron Motsoaledi says his department is still developing an executive bill regulating all marriages and divorce in South Africa – which is cold comfort to those affected by the drawn-out process.

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PROVISIONED MARRIAGE AND DIVORCE BILL

Al Jama-ah leader Ganief Hendricks briefed Parliament on the Registration of Muslim Marriages Bill before a portfolio committee meeting.

According to BusinessTech, the bill has been put forward in an attempt to introduce interim protections to Muslim marriages while the government works on a new umbrella marriage bill for the country.

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The provisioned bill would make bring the following inclusions:

• The recognition of Muslim marriages
• The requirements for the conclusion of a valid Muslim marriage
• The solemnisation of Muslim marriages
• The registration of Muslim marriages
• The propriety and other consequences of Muslim marriages
• The dissolution and consequences of the dissolution of Muslim marriages
• The automatic repeal upon the promulgation of any final legislation by Parliament, which address the failures identified by the courts.

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CON-COURT GIVES THUMBS UP TO MARRIAGES UNDER MUSLIM SHARIA LAW

In June 2022, the Constitutional Court gave a ruling which gave legal status to marriages under Muslim Sharia law.

Muslim women in Sharia law marriages or divorce were often left destitute, as they lacked the power to enforce maintenance and protect their children’s rights.

Motsoaledi said it was unnecessary to continue with the Muslim Marriage Bill, as the department is developing an executive bill regulating all marriages in South Africa.

He added that the department’s marriage and divorce bill would deal with many of the issues presented by Hendricks.

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