Muslim marriage law deadline
LAWYERS representing women’s rights organisations in a legal battle for recognition of Muslim marriages have given President Jacob Zuma and the national cabinet a deadline to bring an act of Parliament recognising all marriages as valid into operation within a year.
The Women’s Legal Centre Trust yesterday described the perpetuation of the religious and social marginalisation of Muslims, which in the past coincided with racial discrimination, as shameful and a remnant of the past.
The violation of the human rights of women in Muslim marriages has been the subject of a 10-year law reform process, which has apparently ground to a halt.
The trust has taken the government to court for failing to pass legislation that will recognise Muslim marriages.
The organisation presented its arguments before the Western Cape High Court yesterday.
The trust has asked that failure to publicise an act of Parliament providing for the recognition of Muslim marriages as valid be declared in contravention of the Convention on the Elimination of All Forms of Discrimination Against Women.
Existing legislation, including the Marriage Act, the Recognition of Customary Marriages Act and the Divorce Act, did not apply in respect of Muslim marriages, the trust said. It added that the omission constituted an infringement of a number of rights contained in the Bill of Rights.
In the court papers, trust attorney Hoodah Abrahams-Fayker said their application was in the public interest because the national executive failed to prepare and initiate legislation to provide for the recognition of all Muslim marriages as valid marriages for all purposes.
“Consequently Parliament and the president have not enacted and implemented such legislation, despite the circumstances set out in the remainder of this section.”
She said this was particularly prejudicial to Muslim women who were socially vulnerable: “The issues presented by the Muslim women who have consulted the WLC (the trust) since its establishment in 1999 show the Muslim community remains markedly patriarchal.”