Blog Information

• Posted By : Mart Rand
• Posted On : Apr 13, 2022
• Views : 77
• Category : General
• Description : Our Constitution doesn’t recognise either Muslim or Hindu marriages without a Civil Ceremony being conducted. Absence of this left women degraded as having few if any rights. Now an order is currently under review by the Constitutional Court which has reserved judgement as yet. Based on our law’s most recent changes, Muslim marriages will now have recognition of sorts while Hindu’s must remain hoping.
• Location : South Africa

Overview

• 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.
  
  Learn more about: Islamic and Hindu Marriages in South Africa