Government looks into Muslim marriages

THE government will research the law governing the recognition and dissolution of all religious marriages as it plans to appeal a Western Cape High Court judgment that ordered the State to recognise Muslim marriages under common law. The Women’s Legal Centre (WLC) had argued that by not recognising Muslim marriages under common law, Muslim women were not afforded legal protection and did not have access to the courts to assert their rights. On Sunday, the WLC director Seehaam Samaai said they had not yet been notified of the State’s intention to appeal, and would only be able to comment once they had seen its papers. Justice and Correctional Services spokesperson Mukoni Rashitanga said President Cyril Ramaphosa had consulted with the Ministry of Justice and others on the executive, and they were planning to appeal for three reasons. First, government is already researching an Omnibus Law that will deal with the recognition and dissolution of all religious marriages. Second, the Western Cape High Court’s finding has implications for all other religious marriages, which have not been registered as secular marriages in terms of the Marriage Act. “Last, a Mrs R Essau, who has lodged an appeal with the Constitutional Court because the court did not give immediate relief in a marriage has already been dissolved in terms of Islamic Law,” said Rashitanga. “For these primary reasons, the president and the Minister of Justice have taken a decision to appeal the judgment of the full Bench. They will do so on the basis that they remain committed to complete the process that they have already commenced, and that is, to pass one law governing all religious marriages. “The issues presented with respect to religious marriages are complex and wide ranging and any legislation must be preceded by what will likely be a lengthy and vigorous public participation process.”