Recognition of Muslim marriages ‘long overdue’

THERE is finally hope for activists fighting for government recognition of traditional Muslim marriages.

The battle gained impetus on Monday, when a new date was set for the Muslim marriages class action to be heard by the Western Cape High Court.

The fight began in 2014 when the Women’s Legal Centre brought an application to help South African Muslim women who are left with no legal recourse, often leaving their marriages with nothing.

The organisation was regularly approached by women who couldn’t get a divorce because their husbands had to accept their application for divorce.

There are currently a number of pending cases, some of which affect Durban women.

August 28 has been set by the court as the date when the matter will be heard.

On Monday, women gathered on the steps of the high court to show their solidarity and support for the matter.

“The reality for these women is that legal protection has been denied to them. This results in widespread oppression and gender discrimination in areas such as divorce, the duties of support, parental rights and responsibilities and inheritance,” said Hoodah Abrahams-fayker of the Women’s Legal Centre.

Given the importance of the matter, three judges have been appointed to hear the case. They will be Judges Siraj Desai, Gayaat Salie-hlophe and Nolwazi Boqwana.

The application was opposed by a group of individuals known as friends of the court, and the only Durban organisation opposing the action was the Jamiatul Ulama KZN.

Durban-based activist Lubna Nadvi said it was essential that Muslim marriages were recognised by the legal system.

“The law should protect us in all aspects of life. A lot of abuse takes place as a consequence of marriages breaking up. Women need to be made aware of their rights. It is so important that there is a bill which recognises Muslim marriages. It is long overdue,” she said.

Another local activist, Shabnam Palesa Mohamed, said: “The often devastating impact of the refusal by opposing stakeholders to recognise Muslim marriages is a crime against humanity.

“The fact that it is taking this long for women to be protected by law is blatant evidence that male privilege is at work,” she said.