Cape Town - Muslim women, married under Muslim rites, should be protected by the laws of South Africa as failure to do so violates their human rights.
This is what the Women’s Legal Centre will argue in the Western Cape High Court on December 1 when it takes on the Presidency, the departments of Home Affairs, Justice and Correctional Services, and Parliament.
The centre says that a failure to recognise Muslim marriages has left a vacuum in which women faced discrimination, especially when it comes to divorce, spousal support, parental rights and responsibilities, and inheritance.
The Muslim Marriages Bill has been in limbo since 2011 when Muslim clergy, during the public consultation period, objected to some of its provisions. The bill would have brought Muslim marriages in line with South Africa’s Constitution, which guarantees basic rights for everyone in the country.
The Women’s Legal Centre’s Hoodah Abrahams-Fayker says: “When civil or customary marriages break down, the law steps in to ensure fairness between the spouses and to protect the rights of the children. This is not the case in respect of Muslim marriages.”
President Jacob Zuma, Minister of Justice and Correctional Services Michael Masutha, Minister of Home Affairs Malusi Gigaba, Speaker of the National Assembly Baleka Mbete and chairperson of the National Council of Provinces Thandi Modise have filed papers opposing the relief sought by the WLC.
Abrahams-Fayker said: “A couple of years ago, we launched an application in the Constitutional Court. After our application, the Muslim Marriages Bill was published in 2010.
“It was contentious and received mixed reactions from civil society and Muslim organisations.
“No progress has been made. We have a stream of Muslim women coming to our offices struggling because their marriages are not legally recognised.”
The WLC said Muslim women often could not be granted a divorce because it was dependent on the husband agreeing to it.
“Of concern to the WLC is the many Muslim divorces that take place without the oversight of the court and the advice of the Family Advocate regarding what is in the best interests of the children,” said Abrahams-Fayker.
Spokesperson for the Gatesville Mosque, Sataar Parker, said the mosque’s counselling centre had been inundated with Muslim women and their children seeking assistance in matters of divorce, and said recognising Muslim marriages would afford women and children legal [email protected]
Cape Times
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