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