Muslim marriages court ruling is no victory

THE Western Cape High Court has ruled that the State has a constitutional obligation to enact legislation to recognise Muslim marriages and to regulate consequences. The court ordered that Parliament enacts such legislation within 24 months.

The Women’s Legal Centre (WLC), which had sought this ruling, said the judgment was an “enormous victory for Muslim women”.

Aslam Mayat in his column “Muslim marriages need to be discussed openly”

(POST, October 10-14), while being for this bill, admits that some Muslim religious bodies are against this legislation.

The gloating of the WLC is fallacious. True, Muslim women do not in the first place approach the secular courts for direction in matters for which Islam has already issued the decrees more than 14 centuries ago. As such, this ruling will have absolutely no validity in the Sharia of Islam.

Only women who profess to be Muslim, but in reality are bereft of belief in Islamic law, will run to the secular courts to seek “satanic” relief in conflict with the laws of Islam.

Therefore, the court’s ruling is no victory. It is merely old wine in a new bottle. The courts have always recognised Muslim marriages despite such marriages being invalid in terms of the laws of the country.

However, for purposes of granting women maintenance, custody of children and large portions of the husband’s assets, all in contravention of the Sharia, the secular courts have accepted the validity of Muslim marriages.

There exists a ludicrous notion in the minds of ignorant Muslims regarding the courts’ decree. They labour under the fallacious idea that the courts’ order means the legislation of the unIslamic Muslim Marriages Bill. The order is nothing of the kind. It appears to be more of a symbolic gesture to placate the women’s lobby.

So as far as the true Muslims are concerned, even if legislation is enacted, it shall have no material consequences.