Amendments spark concern, criticism
AMENDMENTS to the Marriage Bill – including the recognition of polygamous marriages – has stirred significant debate and views, especially among religious leaders.
Some have raised objections to the bill, which is open for public comment until May 17.
The bill seeks to ensure that all marriages are concluded following the principles of equality, non-discrimination and human dignity, as provided for in the Constitution.
Advocates of polygamy argue that it reflects the cultural and religious practices of various communities, granting recognition and protection to individuals in such unions.
Moulana Yusuf Patel, executive member of the Jamiatul Ulama South Africa (Council of Muslim Theologians), said they were concerned that although polygamy was permitted at face value, the bill sought to discreetly close the door to it.
“The bill seeks to close the door to polygamy by stipulating that the first wife has to consent to the subsequent marriage/s of her husband – which as a matter, of course, would generally not be granted by a first wife.
“By lumping all relationships under a single statute, the sacrosanctity and inviolability of the institute of marriage as a fundamental doctrine of religion is going to be diluted and compromised,” he said.
Patel, who is also the secretary-general of the United Ulama Council of South Africa (UUCSA), an umbrella formation of major Muslim theologian bodies in South Africa, said their primary concern with the proposed legislation was that it did not allow for the consequences of marriage to be dealt with according to Islamic law.
“Recognition of religious marriages, without allowing for the consequences of marriage to be regulated by religion, was self-defeating and threatened the distinct identity of Muslims.
“Some of the amendments, such as the limiting of the solemnisation of marriages only to recognised marriage offices, or disallowing marriage under the age of 18, will most certainly negatively impact on the social norms prevalent in the Muslim community,” Patel said.
Ashwin Trikamjee, a lawyer and president of the South African Hindu Maha Sabha (SAHMS), said Minister of Home Affairs, Aaron Motsoaledi, had consistently consulted with the organisation when the bill was developed.
“We did what we had to do to protect the Hindu community. We were always dissatisfied that Hindu marriages were never recognised,” he said.
Trikamjee said he was happy that the submissions, which the SAHMS had made, were incorporated in the new bill.
“With regards to polygamous marriages, the Hindu ‘dharma’ – religious and moral law governing conduct – doesn’t allow polygamous marriages but it doesn’t mean we must object to practices of other cultures,” he said.
Reverend Cyril Pillay, a social activist and the general director of the Church of God in Africa and People’s Church of God in Chatsworth, said the Indian Christian community found the passing of polygamy in the bill unacceptable.
“There will be a huge outcry should this be implemented in South Africa. As far as the Indian Christian church is concerned, we will not officiate one man to many women marriages.
“There are so many serious social ills and gender-based violence. Presently, gender-based violence is uncontrollable. Imagine the mayhem with multiple partners,” Pillay said.
The police, courts, religious organisations, hospitals and non-government organisations, Pillay said, would be flooded with serious requests for legal and medical assistance.
“The effects of Covid-19 left us with an exorbitant rise in mental health issues and I dread the serious impact this would have on our women, who are at all times vulnerable to the evils of our society.
“These amendments will divide families, communities, religious institutions, educational institutions and it would be a real sad day for us as human beings,” he said.
Jerald Vedan, head of the KZN Buddhist
Society, said that in Buddhism, marriage was generally seen as a secular and a cultural institution rather than a religious sacrament.
He said the specific views on marriage may vary among different Buddhist traditions and cultures.
“The new bill provides for the consolidation of the Recognition of Customary Marriages Act and the Civil Union Act into a unified legal framework.
“It also endeavours to recognise religious marriages such as Islamic, Bahai, Jain, Buddhist, Shembe, Hindu and Thirukkural marriages,” he said.
Vedan said the mandatory registration requirement for marriages could present challenges, particularly for rural residents who could encounter difficulty accessing Home Affairs centres or securing the services of a marriage officer for registration purposes.
“There have been instances where purported marriage officers have issued marriage certificates without a registration with Home Affairs, thereby rendering such marriages void.”
He said there were commendable provisions within the new bill, aimed at criminalising marriages involving individuals under the age of 18 to combat the prevalence of child marriages and forced arranged marriages.
However, it is regrettable that the legislation neglected to afford rights to individuals in domestic partnerships, he said.