Based on the most recent development in our law, now Muslim marriages will enjoy the same rights and legal securities available and afforded to couples of civil marriages, customary marriages and even civil unions. This is besides the fact that the matrimonial property regime will be regarded as out of community of property. This will ensure that married Muslim women and men will be able to obtain a decree of divorce, be afforded certain proprietary claims depending on the applicable matrimonial regime and in certain instances even seek the forfeiture of patrimonial benefits in terms of the Divorce Act. Despite these developments, the non-recognition of Hindu marriages in South Africa, still may require reform to ensure that couple’s marriage in terms of Hindu rites is afforded the same legal securities and rights as its other marriage counterparts.
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