MJC welcomes Cape High Court judgment for state to recognize Muslim marriages

By Al Qalam Reporter

The Muslim Judicial Council (SA) has welcomed the recent decision of the Western Cape High Court in granting legal protection to Muslim women and their children upon the dissolution of marriages.

Judge Siraj Desai, in his judgment, said that the President of the country and other respondents had failed in their constitutional obligation to have legislation enacted that governs Muslim Marriages and its consequences within the South African context. 

Commenting on the judgment, Shaykh Riad Fataar, 2nd Deputy President of the Muslim Judicial Council (SA) said:  “This is a milestone for Muslims as a minority in South Africa. The significance of this judgment is that the President of the country has now been tasked to enforce the legislation. We would like to remind the President that he can make his mark in history by recognizing the Muslim community in their marriages – which is long overdue,” he said. 

The Muslim Judicial Council (one of the founding members of the United Ulema Council of South Africa – UUCSA), has lent its full support and resources for the implementation of the Muslim Marriage Bill, which would need to be enacted within 24-months as per the judgment. 

“We await the government to fulfill their constitutional obligation and facilitate the process to enact the legislation as soon as possible as per the court order,” Shaykh Fataar added. 

 

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