Muslim marriage legal battle delayed

The legal battle to ensure that Muslim marriages are recognised by South African law has failed as High Court Judge Siraj Desai wants the Human Rights Commission and Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities to be part of the case.

Women’s Legal Centre (WLC) attorney Hudah Abrahams Saaiker says Muslim marriages are not recognised by the South African law, even though South African Constitution recognises traditional marriages.

The reason for the distinction is important because of the consequences attached to status of whether you are married or not.

Hudah Abrahams Saaiker, WLC attorney

In terms of Marriage Act, one of the prerequisites is that it must be one man and one women that get married, where as in an Islamic marriage a man is allowed to have more than wife.

Hudah Abrahams Saaiker, WLC attorney

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