How To Register A Muslim Marriage In South Africa
In Community of Property. For many years South African courts have been faced with complex issues regarding the legal status of marriages solemnized in terms of Muslim rites and even more so when it came to the rights and recognition of spouses being party to such marriages.
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The proprietary consequence of such a Muslim marriage will be the same as a civil marriage.
How to register a muslim marriage in south africa. Therefore Muslim marriage is not registered and results in almost no legal protection or recourse for the wives. Religious leaders including Muslim clerics are able to become marriage officers in terms of the Marriage Act and to register Islamic marriages under the terms of this Act. Several cases over the last few years have however greatly advanced the protection recognition and rights of Muslim marriages.
More than 100 Muslim clerics Imams were recently appointed as marriage officers after graduating from a course focussing on the law of marriage. The New Marriage Register A Guide The Dept of Home Affairs has recently changed the Marriage register book BI-30 to DHA-30. To put things in context Muslim marriage called a nikah is not legally recognised in South Africa.
In order to avoid this predicament parties entering into Islamic and Hindu Marriages are encouraged to after their religious ceremony register their marriage at the Department of Home Affairs in terms of the Marriage Act or the Civil Union Act. This is usually drawn up by an attorney and presented to the imam marriage officer who will solemnise and register the marriage as a civil marriage only after the nikah ceremony has been concluded. The new book requires the following- 1.
At present more than 200 Muslim clergy are registered as marriage officers in South Africa. Muslim marriages today. Prior to the advent of democracy Nikah Muslim marriages together with Hindu and other Traditional marriage were not recognized as.
These Clergy can register marriages in terms of the Act. However the South African law has been developed in such a way that spouses. The Recognition of Muslim Marriages in South Africa Home Media Statement The Recognition of Muslim Marriages in South Africa The Womens Legal Centre WLC was back in the Supreme Court of Appeal yesterday after being unable to reach agreement with the state on key issues that affect Muslim.
According to Islamic law a Muslim man can finalise his divorce simply by saying Talaq three times. As from 30 April 2014 an Iman known as a Muslim priest who has been duly registered as a marriage officer in terms of the Marriage Act may solemnise a Muslim marriage. This new book comes with significant changes which need to be managed.
Anti Neptual Contract Without Accrual System. Islamic Marriage Laws South Africa. Greater protection recognition and rights in Muslim marriages.
The graduation of these Imams has allowed them to officiate over Muslim unions making Muslim marriages legal under South African law. A court in South Africa ordered the government on Friday to change the law to formally recognise Muslim marriage for the first time to avoid being in breach of the constitution. How to register a Muslim Marriage in South Africa.
Following an application brought before the Western Cape High Court by the Womens Legal Centre WLC the State has been ordered to introduce legislation to recognise Muslim marriages as valid. This system entails that each spouse is the sole owner of their own. The role of the Imaam Alim Muslim cleric if he is an authorised marriage officer is to solemnise the marriage in terms of the Marriage Act after the Nikah Islamic marriage ceremony.
Furthermore Muslim marriages follow Sharia Law which is not South African Law. Talaq rules in South Africa are applicable because there. Under the Islamic Law the Muslim union.
This has however changed for Muslim marriages in South Africa. As a result the Islamic marriage between Mr and Ms Rose was invalid. In the meantime couples who marry under Islamic law will only be protected under South African law if they also register a civil marriage.
However by registering a marriage in terms of the Marriages Act spouses can obtain recognition and regulate the proprietary consequences of their marriage. For a valid marriage to be recognised in South Africa one must get married in terms of civil law which is regulated by the Marriage Act 25 of 1961 or two people can enter into. Both ceremonies cannot happen at the same time because the solemnisation ceremony requires the couple to hold hands Raouf said.
If possible exchange the old Marriage Register for the new one as soon as possible. Muslims across South Africa are pushing back against a decision last week by the home affairs minister who said his department cannot legally recognize Muslim marriages. Under this system on a spouses demise 50 of.
It is well-known that Islamic marriages are not recognised as legal marriages in South Africa and that such marriages do not have the same protection and consequences provided to civil marriages. All marriages entered in terms of Islamic law are currently not recognised as valid marriages.
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