Muslim Marriages Recognised Under SA Divorce Law

In a major win for Muslim women’s rights, South Africa has officially amended its divorce legislation to recognise Muslim marriages under civil law. The Divorce Amendment Bill, recently signed into law by President Cyril Ramaphosa, addresses the historic exclusion of Muslim marriages in South Africa from legal recognition under the Divorce Act of 1979. This long-awaited change ensures that Islamic divorce in South Africa now includes legal protections for women and children, particularly in matters involving Sharia law in South Africa, child custody, and the division of assets. The law empowers Muslim women with legal remedies previously unavailable, marking a step forward in both equality and justice.

Why was the Divorce Amendment Bill necessary for Muslim marriages in South Africa?

Because under previous law, Muslim marriages weren’t legally recognised – meaning Muslim women could not access courts for divorce, maintenance, or asset protection under the Divorce Act.

What the Divorce Amendment Bill Changes

Signed into law after a landmark Constitutional Court ruling, the Divorce Amendment Bill brings significant reforms:

• Defines Muslim marriage in civil law.

  
  

• Protects children born from Muslim marriages by safeguarding their best interests.

  
  

• Allows for redistribution of assets after the dissolution of a Muslim marriage.

  
  

• Permits the forfeiture of patrimonial benefits in cases of unfair gain.

These changes address long-standing inequalities that left Muslim women especially vulnerable following divorce under Sharia law in South Africa.

Addressing Inequality and Upholding Rights

Previously, women married under Islamic law had no right to seek divorce through the courts. As a result, they were often unable to enforce maintenance or secure custody of their children. With the Divorce Act South Africa now amended, these issues are directly addressed, providing crucial legal backing for Muslim women’s rights.

Ganief Hendricks, leader of Al Jama-Ah, introduced the private member’s bill after noting the struggles many Muslim families faced. The bill also stems from a 2022 Constitutional Court case: Women’s Legal Centre Trust v President of the Republic of South Africa, in which the court declared the existing Divorce Act unconstitutional.

Support from Legal and Civil Rights Organisations

The Women’s Legal Centre (WLC) called the reform a milestone victory. The centre advocated for years on behalf of Muslim women, arguing that non-recognition under the Divorce Act harmed both women and their children. Their persistence played a major role in prompting this vital legal reform.

Moving Forward: What This Means for Muslim Families

• Muslim women now have legal access to courts for divorce proceedings.

  
  

• Children born in Muslim marriages in South Africa will receive the same legal protections as those born in civil marriages.

  
  

• The changes bring Islamic divorce in South Africa in line with constitutional protections and gender equality.

  
  

• South Africa takes a significant step forward in recognising religious marriages while still protecting human rights under civil law.

Final Thoughts

The Divorce Amendment Bill is a historic move toward justice for Muslim women and their families. By officially recognising Muslim marriages in South Africa, the law acknowledges the diverse realities of South African families and ensures equal protection for all – regardless of faith. This amendment strengthens the rights of women, children, and families navigating Islamic divorce in South Africa.

Interested in Becoming a Mediator?

At Mediation Academy South Africa, we offer professional, accredited mediation courses designed to equip you with the skills to navigate family law, including matters involving Muslim marriages and religious diversity.