THE PROPOSED KUFR MARRIAGE/DIVORCE LAWS FOR MUSLIMS
Article title: New divorce laws for South Africa take big step forward
Luke Fraser ·1 Nov 2023
The Portfolio Committee on Justice and Correctional Services has adopted the Divorce Amendment Bill.
The new Bill primarily focuses on creating a legislation framework for Muslim Marriages in South Africa by amending the Divorce Act of 1997.
In 2022, the Constitutional Court in Women’s Legal Centre Trust v President of the Republic of South Africa and Others [2022] said that the Divorce Act was conflicting with the Constitution as it excluded Muslim marriages.
The highest court also held that the prior law failed to safeguard the welfare of minor or dependent children of Muslim marriages following a divorce.
“The 1979 Act also fails to provide for the redistribution of assets on the dissolution of a Muslim marriage and fails to make provision for the forfeiture of patrimonial benefits on the dissolution of a Muslim marriage in the same terms as other dissolved marriages,” Committee Chairperson Bulelani Magwanishe said.
The court said that the government and Parliament had 24 months to remedy the defects, with the relief ending on 28 June 2024.
Some of the key amendments in the Divorce Amendment Bill include:
- To insert a definition of a Muslim marriage,
- To provide for the protection and to safeguard the interests of dependent and minor children of a Muslim marriage.
- To provide for the redistribution of assets on the dissolution of a Muslim marriage
- To provide for the forfeiture of patrimonial benefits of a Muslim marriage.
Importantly, the Bill allows Muslim Marriages to end in terms of civil law, but it does not do away with Islamic Divorces.
“Persons who are in Muslim marriages and wish to be granted a religious divorce will still need to follow Islamic law,” Magwanishe said.
Despite Al-Jama Ah leader Ganief Hendricks introducing a Private Members Bill to amend the defects raised by the nation’s highest court, the committee said that it decided to continue with the government’s Bill and engage Hendricks’ Bill as far as possible.
Link: https://businesstech.co.za/news/lifestyle/728577/new-divorce-laws-for-south-africa-take-big-step-forward/
(End of report)
Our Comments
Even if the proposed Bill is enacted into law, the kufr provisions will be unacceptable to Muslims. The ‘key amendments’ fabricated for imposition on Muslims are kufr and Muslims will not and should not regulate their marital affairs in terms of any kufr provision.
For Muslims, the only Law is the Law of Allah Ta’ala – the Shariah. Ways shall have to be explored by Muslims to circumvent the imposition of the devil’s laws. The adoption by the portfolio committee is simply the adoption of a stupidity which is unacceptable to Muslims, and which we shall never abide with.
18 Rabiuth Thaani 1445 – 3 November 2023