Question: Is Muslim marriage Recognised in South Africa?

Since 1994, under African National Congress rule, South Africa has recognized only African customary marriages. Religious marriages, including Muslim marriages, are considered invalid.

In 2018, the Western Cape High Court found the state had a constitutional obligation to recognise Muslim marriages and it had failed in this duty. It also declared the common law definition of marriage was inconsistent with the Constitution and invalid to the extent that it excluded Muslim marriages.

Are religious marriages Recognised in South Africa?

A person can get married in terms of a civil marriage, customary marriage, civil union or religious marriage. A religious marriage is not recognised as a legal marriage under South African law, but the spouses in a religious marriage are protected by law in certain instances.

Does South Africa recognise (Nikah) Muslim marriage? The short and concise answer is, NO. However, by registering a marriage in terms of the marriages act 25 of 1961, spouses can obtain recognition and regulate the proprietary consequences of their marriage.

Is Muslim marriage legal?

In Islamic law (sharia), marriage (nikāḥ نکاح) is a legal and social contract between two individuals. Marriage is an act of Islam and is strongly recommended. Polygyny is permitted in Islam under some conditions, but polyandry is forbidden.

How many wives can a man have in South Africa?

Prof Machoko said he was unaware of polyandrous marriages in South Africa. Nevertheless, gender rights activists have asked the government to legalise such unions in the interest of equality and choice, as the law currently permits a man to take more than one wife.

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