In South Africa, constitutional court sets deadline for amendments to divorce and marriage laws to recognize Muslim marriages

The Al Jama-Ah political party is introducing two private members’ bills to parliament seeking to change divorce and marriage registration laws in the country. [...] A recent Constitutional Court case of Women’s Legal Centre Trust v President of the Republic of South Africa and Others found that the Marriage Act alongside the Divorce Act were inconsistent with sections 9, 10, 28 and 34 of the constitution in that they failed to recognise marriages solemnised in accordance with Sharia law (Muslim marriages). [...] The original Muslim Marriages Bill was introduced in 2010 to address inequalities; however, the government has not yet passed the bill. The Department of Home Affairs has made it clear that it intends to update and draft new marriage laws for approval in 2023. Marriages solemnised under Sharia law are not registered as valid civil marriages in South Africa. While the Constitutional Court has given parliament until November 2024 to correct the country’s laws – and new laws are currently being drafted to make these corrections – this leaves Muslims without immediate relief.
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