Case regarding recognition of Muslim marriages to resume in SCA

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The case regarding the recognition and regulation of Muslim marriages will resume in the Supreme Court of Appeal in Bloemfontein on Wednesday.

The state is appealing a 2018 high court judgment that gave Parliament two years to enact legislation that recognised Muslim marriages.

The parties are engaging in talks that could possibly lead to an out-of-court settlement.

The State’s Senior Counsel Advocate Andrea Gabriel says, “So if there’s is to be arguments, it will be what is an appropriate remedy. So the concern is whether the provision of  28(2) will be incorporated with respect to marriages concluded under  sharia law, so the concession will be in respects of section 28 (2).”

In 2018, the High Court in Cape Town ruled in favour of legalising Muslim marriages:

The non-profit organisation, the Women’s Legal Centre, is calling for a legislative framework to protect the rights of Muslim women:

Muslim Judicial Council supports the recognition of Muslim marriages in South Africa: