Recognizing Muslim Marriages

Bill: Muslim Marriages Bill

Bill Synopsis: In 2010 the Republic of South Africa’s Department of Justice and Constitutional Development introduced the Muslim Marriage Bill. The legislation is intended to allow for the recognition of Muslim marriages. As of 2017, the bill has not been passed. This case module originated in the work of Peter Danchin.

Sources

Muslim Marriages Bill

Republic of South Africa: Muslim Marriages Bill, 2010

Report on Muslims Marriages

South African Law Reform Commission, Project 59: Islamic Marriages and Related Matters Report, July 2003

Commission Bill on Religious Marriages

Commission on Gender Equality Bill on “Recognition of Religious Marriages,” 2005

Analyses

Legislating Religious Freedom

Waheeda Amien and Dhammameghā Annie Leatt, “Legislating Religious Freedom: An Example of
Muslim Marriages in South Africa,” Maryland Journal of International Law 21, no. 9 (2014): 505-547.

Religious Establishment & Muslim Marriage

Peter Danchin, “The Politics of Religious Establishment: Recognition of Muslim Marriages in South Africa,” in Lori G. Beaman and Winnifred Fallers Sullivan eds., Varieties of Religious Establishment (New York: Ashgate, 2013),165-6.

Religious Freedom & Women's Rights

Waheeda Amien, “Overcoming the Conflict between the Right to Freedom of Religion and Women’s Rights to Equality: A South African Case Study of Muslim Marriages,” Human Rights Quarterly 28 (2006).

Context

Recognition of Muslim Personal Laws

Rashida Manjoo, “The Recognition of Muslim Personal Laws in South Africa: Implications for Women’s Human Rights” (Human Rights Program at Harvard Law School Working Paper, July 2007)

Muslim Law in South Africa

Ebrahim Moosa, “Prospects for Muslim Law in South Africa: A History and Recent Developments,” Yearbook of Islamic and Middle Eastern Law 3 (1996): 130.