Divorce Amendment Bill: Protection for Muslim women and children

The rights of Muslim women and children are safeguarded after President Cyril Ramaphosa has signed into law the Divorce Amendment Bill, which amends the Divorce Act of 1979.

The new law recognises Muslim marriages and protects women and children if such a marriage is dissolved.

Currently, Muslim couples who choose to marry according to Islamic law can only be afforded the statutory protection of the South African legal system as it pertains to civil spouses if they, in addition to their marriage under Islamic law, register a civil marriage.

“The amended legislation addresses shortcomings in the Divorce Act of 1979, which differentiated between people married in terms of the Marriage Act and people married according to Muslim rites, especially women” the Presidency said in a statement yesterday.

The amendments provide for the following:

• A definition of Muslim marriage in the Divorce Act of 1979.
• The protection and safeguarding of the interests of dependent and minor children of a Muslim marriage.
• The redistribution of assets on the dissolution of a Muslim marriage.
• The forfeiture of patrimonial benefits of a Muslim marriage.

The new legislation is a response to an earlier Constitutional Court judgment that recognised the need for and importance of protecting women and children of Muslim marriages, particularly when a marriage is dissolved. – SAnews.gov.za