The Department of Home Affairs says it is studying the judgment passed by a full bench of the High Court in Cape Town to recognise Muslim marriages.
The court has given the state 24 months to introduce legislation recognising Muslim marriages.
The application was lodged by the Women’s Legal Centre in 2014, who argued that women and children have no legal protection following divorce or death.
Department spokesperson says they are studying the order.
“We have noted a judgment by the Western Cape High Court that ordered the state to introduce legislation to recognise Muslim marriages. We also note that the decision is subject to confirmation by the Constitutional Court”.
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. 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 court ruling.
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