South Africa President Cyril Ramaphosa signed the Divorce Amendment Bill into law on Thursday, May 9, 2024, the Presidency confirmed.
The bill modifies the Divorce Act of 1979 to officially recognise Muslim marriages and ensure the protection of the rights of Muslim women and children in case of divorce.
This legal update follows a Constitutional Court ruling that highlighted the importance of safeguarding the interests of Muslim women and children within the context of dissolved Muslim marriages.
The amendments to the legislation address previous gaps in the Divorce Act of 1979, which treated Muslim marriages differently from those conducted under the Marriage Act, particularly in terms of the rights of women.
The lack of recognition of Muslim marriages in civil law meant that individuals, particularly women, married under Islamic law had no legal recourse to seek a divorce through the court system.
As a result, the rights and interests of Muslim women and minor children or dependents in Muslim marriages were not adequately protected compared to those in other types of marriages.
Presently, Muslim couples who opt for Islamic marriages can access legal protections similar to civil spouses under South African law only if they also register a civil marriage in addition to their Islamic union.
The newly enacted amendments outline a clear definition of a Muslim marriage within the Divorce Act by ensuring protection for dependent children and minors of Muslim marriages.
It also establishes guidelines for asset redistribution after divorce, and specifies the forfeiture of marital benefits in cases of dissolved Muslim marriages.
