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Govt ordered to recognise Muslim marriages

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The High Court in Cape Town has ruled that the President and Cabinet have failed in their constitutional mandate of protecting the rights of women married under Muslim union.

This follows an application by the Women Legal Centre which says there’ been no protection for the women and their children upon divorce or death.

42-year-old Ayesha Royker is a mother of three married according to Muslim rights. After almost 20 years of marriage, she stands to inherit nothing as she is in the process of a divorce.

Royker says she’s been in and out of courts to fight what she says is an injustice.

“Muslim marriages are recognised as out of community of property, although most of the couples live their marriages as in community of property, but because there’s no legal framework which specifies that, upon dissolution of marriage we don’t have the rights to claim automatically in community of property, as a result women have to come to court,” adds Royker.

The high court ordered that government must pass laws that protect the rights of women like Royker.

Judge Siraj Desai delivered the judgement.

“it is declared that the president and the cabinet have failed to fulfil their respective constitutional obligations as stipulated and such conduct is invalid, the president, the cabinet together with parliament are directed to rectify the failure within 24 months of the date of this order.”

The Women Legal Centre which initially brought the application says it’s been a piece-meal process with individual women seeking the assistance of the courts over the years.

Director Seeham Samaai says, “About all those women that have been fighting over many years to get some form of justice in their marriages, the court has declared that the state has failed to promote, protect and fulfil their obligation in relation to these marriages ”

The Muslim Judicial Council has described the ruling as a milestone.

MJC second Deputy President Shayk Riad Fataar says, “Something we’ve been waiting for, for a long time. It’s an opportunity for President Cyril Ramaphosa to mark in history and recognise the muslin community in their marriages.”

But they will have two years to wait for the drafting of the relevant legislation, and even longer if the President decides to appeal Friday’s court ruling.

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