By Kouthar Sambo

Political party Al Jama-ah has informed the public that the “Registration of Muslim Marriages,” at the Department of Home Affairs (DHA) has temporarily been frozen until further notice.

Speaking on VOC’s Drive Time on Wednesday, the Head of the Muslim Judicial Council’s (MJC) Legal Desk and Associate Professor at the University of the Western Cape (UWC) Faculty of Law Sheikh Dr Muneer Abduroaf, rehashes how it all unfolded.

“In terms of the Judgement, it gave interim relief of two years, until the government enacts some form of legislation that recognizes Muslim Marriages and its consequences by either enacting new pieces of legislation or existing legislation,” explained Abduroaf.

Meanwhile, couples that were married, said Abduroaf, in terms of Islamic/Shariah law, within a specified date, you can then get divorced within those two years and the necessary consequences will follow within that interim relief.

“One of the things referred to in a judgment, was for any new marriages to be entered into, certain sections or provisions of the Customary Marriages Act, 120 of 1998, refers to age requirements,” reiterated Abduroaf.

“In a normal Islamic marriage, you are allowed to marry under 18, but in terms of the judgment and interim relief, it states that couples should be 18 years of age in this regard.”

According to Abduroaf, the DHA issued two circulars.

“Based on their interpretation of the judgment, Muslim Marriages may now be registered at the DHA, and when the DHA was by our offices at the MJC, our view was no, that is not what the judgment says as it refers to age requirements and not registration,” stressed Abduroaf.

Circular two, however, states you can register at the DHA but the distinction is that marriage should be governed by Islamic Law.

According to Abduroaf, it is also uncertain as to how the consequences of that registration will play out.

The pilot project, which got off the ground, revealed that DHA officials issued a “marriage certificate” following the “customary marriage” and not according to the “Muslim marriage” rights system.

“This is a crucial mistake that cannot be ignored since there has legal implications, and it should be rectified by DHA, as soon as possible. Alongside this, the DHA’s technical team should make sure that they update the department’s system accordingly,” added Al Jama-ah.

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