Kindly see below the aspects pertaining to Muslim marriages, in deeds and documents the parties to the Muslim marriage will still be described as:
Married in terms of Muslim rights
Key aspects of legally recognized Muslim marriages in South Africa:
- Recognition:
Muslim marriages, previously not fully recognized under South African law, are now considered legal and binding.
- Registration:
While the Nikah ceremony remains a religious event, it must be registered with the Department of Home Affairs as a Muslim marriage to be recognized legally.
- Legal Status:
Registered Muslim marriages have the same legal standing as civil marriages under the Marriage Act, including the right to claim spousal benefits and the redistribution of assets in the event of divorce or death.
- Divorce and Custody:
The Divorce Amendment Act of 2024 allows for the dissolution of Muslim marriages through the courts and provides for the maintenance, care, guardianship, or contact with children.
- Property Matters:
Muslim marriages are generally considered to be “out of community of property,” meaning each spouse retains their separate assets and income unless otherwise agreed upon in an antenuptial contract.
- Equality:
The recognition of Muslim marriages aims to ensure that Muslim women and children are not disadvantaged in terms of inheritance, maintenance, or other legal rights
How to register a Muslim marriage:
1. Nikah Ceremony:
The traditional Muslim wedding ceremony (Nikah) must be performed according to Islamic law.
2. Registration:
Both spouses must register the Nikah at a Department of Home Affairs office, where the marriage will be registered as a “Muslim marriage”.
3. Requirements:
Spouses must provide proof of identification, consent to the marriage, and a Sharia law marriage certificate (Muslim Marriage Certificate).
4. Witnesses:
Two witnesses (one from each family) are required during the registration process, according to the Department of Home Affairs.
Allen West
Property Law Consultant
HANNES GOUWS AND PARTNERS INC.
Attorneys, Notaries & Conveyancers
Tel: 012 321 1008
Cell 078 7655928
E-mail: allen@hannesgouws.co.za
Author of The Practitioners Guide to Conveyancing and Notarial Practice 3rd Edition
