By Caryn Dolley
In a "significant step" in the recognition of Muslim marriages, the Western Cape High Court has ruled a local woman married under Islamic law must be paid maintenance while her divorce is pending.
This means Muslim spouses in the province may now use Rule 43, one of the Uniform Rules of Court which regulates court proceedings and deals with the Divorce Act, which provides for a procedure where a spouse can apply for maintenance before a divorce is heard.
Currently the Divorce Act does not recognise Muslim marriages.
According to the judgment handed down on Wednesday, Ishrat Banu Hoosein wanted Rashid Ahmed Aboobaker Dangor to pay her maintenance while proceedings to end their marriage were underway.
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It said prior to court proceedings, Hoosein had started action against Dangor and the justice and constitutional development minister as she wanted her marriage "according to the tenets of Islamic personal law" declared valid in terms of South African law.
That would mean its termination would be recognised by the Divorce Act.
The judgment said Dangor opposed Hoosein's attempts at trying to claim maintenance as she had lived in Klerksdorp, outside the Western Cape High Court's jurisdiction "when the purported action for a divorce was instituted".
This breaking news flash was supplied exclusively to iol.co.za by the news desk at our sister title, The Star.
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