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Government has 24 months to legalise Muslim marriages

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Cape Town’s High Court has given government 24 months to draft legislation that legalises Muslim marriages. In 2014, the Women’s Legal Centre brought an application arguing that Muslim women and their children enjoyed no legal protection in the event of divorce or death.

Government has failed its constitutional obligation, so says the Women’s Legal Centre. Addressing the High Court in the Western Cape, the centre said it believes government does not ensure the protection of women and children’s rights.

A full bench of the High Court has ordered that Parliament draft the necessary legislation to fulfill this constitutional obligation, including legalising Muslim marriages.

The court has also awarded costs to the Women’s Legal Centre, in relation to the application arguing that Muslim women and their children enjoyed no legal protection in the event of divorce or death.

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