The Women’s Legal Centre (WLC) celebrates a landmark victory for Muslim women and children, who are now legally recognised following President Cyril Ramaphosa’s signing of the Divorce Amendment Bill. This achievement follows the WLC’s Constitutional Court application, addressing the legal exclusion of Muslim marriages from South Africa’s Marriage Act and Divorce Act.
In June 2022, the Constitutional Court declared that both the Marriage Act of 1961 and the Divorce Act of 1979 were inconsistent with the Constitution for failing to recognise marriages performed under Shariah law (Islamic law) that were not registered as civil marriages. As a result, Muslim women and children had been left without statutory protection.
The new amendments define Muslim marriages within the Divorce Act, ensuring protection for minor and dependent children, equitable distribution of assets, and remedies for the dissolution of Muslim marriages. This addresses a longstanding injustice, particularly for Muslim women, who were previously denied the same rights afforded to women in marriages recognised by the state.
Since its inception in 1994, the WLC has been committed to challenging the discrimination faced by Muslim women in South Africa. The Centre believes that the Constitution must be a living document, applied equally to all. Without legal recognition, Muslim women were denied inheritance rights, maintenance, and equitable distribution of assets upon divorce or the death of a spouse. This victory represents a significant step in ensuring that Muslim women enjoy the same legal protections as all other women in South Africa.
The Women’s Legal Centre (WLC) is a prominent African feminist legal organisation committed to advancing women’s rights and equality. Through a comprehensive approach that encompasses litigation, advocacy, education, legal advice, research, and training, the WLC actively works towards empowering women and challenging gender-based injustices.
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