Muslim Marriages Now Protected by Law

In the landmark decision, Women’s Legal Centre Trust v President of the Republic of South Africa and Others, the Constitutional Court recognised Muslim marriages, providing legal protection to Muslim spouses, particularly women, and their property rights.

This article seeks to summarise the implications of this ruling on property and women's rights in Muslim marriages in South Africa (Women’s Legal Centre Trust v President of the Republic of South Africa and Others (CCT 24/21) [2022] ZACC 23 (28 June 2022).

Historically and prior to the court's decision, Muslim marriages were not legally recognised in South Africa, leaving Muslim spouses without any legal recourse in cases of divorce or inheritance. As a result of the lack of legal recognition, Muslim women were often left without any property or financial assistance.

It is imperative to also take note that the court's ruling extends to the Divorce Act to include Muslim marriages, ensuring that spouses have equal rights to property and assets upon divorce. This recognition, therefore, grants women the right to claim maintenance and custody, providing financial security and protection, which was not the case before (Women’s Legal Centre Trust v President of the Republic of South Africa and Others (CCT 24/21) [2022] ZACC 23 (28 June 2022).

The position after the case aims to secure the legalisation of Muslim marriages and is a significant victory for women's rights in South Africa for the following reasons as Women can now:

1. Claim inheritance and property rights; and

2. Seek maintenance and support; and

3. Enjoy equal status in marriage and divorce proceedings.

Muslim women married in terms of Sharia Law, and their children are now legally recognised after the landmark Constitutional Court judgement was handed down.

In conclusion, the recognition of Muslim marriages in South Africa is a crucial step forward for women's rights and property protection. This significant milestone in our law aims to ensure that Muslim spouses, particularly women, enjoy equal legal status and protection under the law, promoting gender equality and social fairness.  

Written by: Tatum Singh
Moderated and approved by: Glenda Nell

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