Perspectives of Law and Public Administration (Dec 2022)
Ultimate Recognition of Polygynous Muslim Marriages and the Abolition of Child Marriages in Muslim Marriages: An Appraisal of Women Legal Center Trust v. the President of RSA
Abstract
Muslim communities have settled in South Africa more 300 years ago, but their religious marriages were not recognised in South Africa. Muslim marriages were denied recognition merely because they are potentially polygynous in nature. This non-recognition has created many hardships for Muslim women. These hardships has prompted the Women Legal Centre (WLC) to institute a class action compelling the government to enact legislation recognising Muslim marriages. The Supreme Court of Appeal ordered for the recognition of Muslim marriages for all purposes and for the abolition of child marriages in Muslim marriages. The SCA Judgment was later confirmed by the Constitutional Court. The decision of the SCA is appraised; however, to permit marriage of a person under the age of 18 under certain circumstance might defeat the very aim of having the minimum age for marriage in the first place. This is so because Muslim marriages are notorious for permitting child marriages.
