Government needs to do more to recognise Muslim marriages - NPO

The Women's Legal Centre has welcomed a ruling by the Constitutional Court affirming the rights of wives in polygamous Muslim marriages to benefit from their deceased husband’s will.

The case involved two women who were married to the late Osman Harneker under Islamic law - Amina Harneker and Farieda Harneker.

The matter challenged a provision in the Wills Act, which stopped Farieda from getting a share of her husband's estate because her marriage to him was not formally legalised.

Director at The Women's Legal Centre, Seeham Samaai explains.

This particular provision of the Wills Act says, once the children have repudiated, because she is not seen as the spouse in that particular marriage, it cannot be given to her because they have given their share back to the estate. By that the Deeds Offfice was saying unless this particular section is amended, they cannot register it in her name.

Seeham Samaai, Director at The Women's Legal Centre

What the court has indicated, is that the Section is unconstitutional to the extent that it does not recognise spouses married in terms of Muslim marriages.

Seeham Samaai, Director at The Women's Legal Centre

Samaai says more needs to be done to change legislation and recognise Muslim marriages.

We welcome the decision because the Constitutional Court once again pronounced and said that due to the lack of legislative framework, these women are in exceptionally vulnerable positions.

Seeham Samaai, Director at The Women's Legal Centre

It can't be the default position where women have to go to court to be able to assert their rights.

Seeham Samaai, Director at The Women's Legal Centre

Click on the link below to hear more from Samaai....


Recommended

by NEWSROOM AI
Read More
SA's junior doctors to serve 1 year as interns under new plans

SA's junior doctors to serve 1 year as interns under new plans

The Department of Health has proposed that the internship period of junior doctors be shortened to one year.

Timol's nephew wants judicial inquiry into lack of apartheid-era prosecutions

Timol's nephew wants judicial inquiry into lack of apartheid-era prosecutions

Imtiaz Cajee says there has been no progress in nearly 300 cases.

'Sooner or later things are going to come to a head' - MDC

'Sooner or later things are going to come to a head' - MDC

At least six Zimbabweans have been killed and scores wounded as tensions increase over massive fuel price hikes.

[WATCH] 93-year-old Rivonia trialist Andrew Mlangeni dishes out marital advice

[WATCH] 93-year-old Rivonia trialist Andrew Mlangeni dishes out marital advice

Khabazela shares Tweets, Facebook posts, YouTube videos and other social posts that have gone viral.

'I got divorced in 1990, but Home Affairs says I'm still married to my ex'

'I got divorced in 1990, but Home Affairs says I'm still married to my ex'

She can't apply for a marriage license or draft a marriage contract while she's still legally regarded as married to someone else.

Here are the latest SA marriage and divorce rates

Here are the latest SA marriage and divorce rates

Stats SA has released their latest findings on marriages and divorces in South Africa.

Popular articles
Make money with farming (no land or dirty hands required)

Make money with farming (no land or dirty hands required)

Interested in farming as a "Hassel-free" side-hustle? The Money Show’s Bruce Whitfield interviews Grant Field, CEO at Fed Group.

How to start your own business (by a guy who started his with almost no money)

How to start your own business (by a guy who started his with almost no money)

The Money Show’s Bruce Whitfield interviews NicHarry founder Nic Haralambous.

Bosasa's Angelo Agrizzi's shocking evidence at state capture commission

Bosasa's Angelo Agrizzi's shocking evidence at state capture commission

Agrizzi has revealed evidence which implicates former SAA chairperson Dudu Myeni in state capture.

Manyi: ATM is bigger than the ANC and we're gunning to govern

Manyi: ATM is bigger than the ANC and we're gunning to govern

While he couldn't quote precise figures, he claims that the party's size is in excess of a million members.

[WATCH] Baby hilariously tries to eat mom's burritos

[WATCH] Baby hilariously tries to eat mom's burritos

Khabazela shares tweets and Facebook posts that have gone viral.