NON-RECOGNITION OF MUSLIM MARRIAGES: DISCRIMINATION AND SOCIAL INJUSTICE

Abstract

The following issues are discussed in the article, namely the legal status of Muslim marriages, the legal nature of Muslim marriages, the reasons for non-recognition, in particular the concept of “public policy”, as well as the various approaches adopted by the South African courts when dealing with the issue whether Muslim marriages should be granted legal recognition. The effect of the Constitution of the Republic of South Africa, 1996 on the status and consequences of Muslim marriages as well as the proposal for legal reform in the form of a draft Muslim Marriages Bill which was released on the 22 July 2003 is also dealt with.