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Amendments spark concern, criticism

- YOSHINI PERUMAL yoshini.perumal@inl.co.za

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.

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