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Muslim Marriages

The clock is ticking for Muslim Marriages Bill to be passed

  Introduction The judgment in Women’s Legal Centre Trust v President of the Republic of South Africa and Others, Faro v Bignham N.O. and Others, Esau v Esau and Others 2018 (6) SA 598 (WCC) echoes the decades long frustration of Parties to Muslim Marriages. Women married in terms of Muslim rites and children born […]

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Section 2C (1) of the Wills Act declared invalid by the Constitutional Court – The effect on polygamous Muslim Marriages

Section 2C (1) of the Wills Act 7 of 1953 as amended (hereinafter referred to as the “Wills Act”), previously prevented surviving spouses who entered into polygamous Muslim marriages, in terms of Muslims rites only, from inheriting repudiated shares of a deceased’s estate. In September 2017, the High Court of South Africa, Western Cape Division, […]

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The recognition of civil, cultural, religious and same – sex marriages in South Africa

Marriage is so much more than just the celebration and your change in status. A legally valid marriage automatically allows you to inherit in the absence of a will and in the case of divorce, to be eligible for spousal maintenance. The Constitution of the Republic of South Africa states that everyone is equal before […]

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