The SCA ruling said it recognised the injustice and stigma suffered by Muslim women in South Africa because of the non-recognition of marriages concluded in terms of Sharia law. muslim sharia marriages TheCapeArgus
In the case, which was billed in court papers as WLC vs The President of South Africa and Minister of Justice, the State argued that it was not opposing the application, but said relief must be limited to Muslim marriages terminated either by death or divorce before the date of the order.
She also argued that the State is concerned that there will be chaos if interim relief is extended to marriages that have already been dissolved either through death or divorce. “We positively await a judgment. We hope the Constitutional Court will uphold the international, regional and constitutional obligations to ensure that we recognise Muslim marriages and to ensure broader recognition of the marriages.”
“As the MJC, we have been made amicus curiae so that we can also have a role to play to protect Muslim Personal Law.”
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