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“Muslim marriages have never been recognized or regulated by South African law as valid marriages despite 26 years under a democratic constitutional dispensation that is based, inter alia, on the values of ‘[h]human dignity, the achievement of equality and the advancement of human rights and freedoms ”. This is, understandably, an emotional and controversial issue. “
According to the SCA, the “pre-constitutional-era courts” refused to recognize Muslim marriages, mainly because they were considered “potentially polygynous. A disdainful and offensive attitude towards married people in terms of Sharia the law prevailed. ”This resulted in the suffering of Muslim women and children.
“What this court has done is to produce an effective and comprehensive order in an effort to heal the hardships suffered by Muslim marriage partners, especially vulnerable women and children, that will work until proper legislation is enacted,” it said. read on the ruling.
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