HFL1501: 2022 Constitutional Court decision on Muslim marriages (ZACC 23)

Vocabulary flashcards covering the 2022 Constitutional Court decision on Muslim marriages in South Africa and its legal implications.

Women's Legal Centre Trust v President of the Republic of South Africa and others [2022] ZACC 23

Constitutional Court ruling that parts of the Divorce Act and Marriage Act are unconstitutional for failing to recognise Muslim (Sharia) marriages and declaring Muslim marriages valid for all purposes; sets a 24-month deadline to amend legislation and provides interim measures for pre-2014 Sharia marriages.

Divorce Act 70 of 1979

South African law governing divorce; found unconstitutional for not recognising Muslim marriages.

Marriage Act 25 of 1961

South African law governing marriage; found unconstitutional for not recognising Muslim marriages.

Muslim marriages (Sharia law) in South Africa

Marriages conducted under Sharia law; previously not fully recognised under SA law for patrimonial consequences.

Patrimonial benefits

Property rights and assets arising from a marriage; redistribution on dissolution; not previously guaranteed for Muslim marriages.

Forfeiture of patrimonial benefits

Loss of patrimonial rights upon dissolution; the Court required provision for Muslim marriages to be aligned with other marriages.

Bill of Rights sections cited

Sections 9 (equality), 10 (human dignity), 28(2) (children’s rights), and 34 (access to courts) used to strike down provisions as unconstitutional.

Interim measures for pre-2014 Sharia marriages

Temporary protections applying to Muslim marriages concluded or terminated under Sharia law before 15 December 2014.

Twenty-four month amendment period

Government has 24 months to amend or enact legislation recognising Muslim marriages and patrimonial rights.

Daniels and Hassam cases

Earlier decisions recognizing some remedies for spouses in Muslim marriages but not full patrimonial rights; groundwork for broader recognition.

Recognition of Muslim marriages as valid for all purposes

Core outcome: Muslim marriages are valid under SA law for all purposes.

Islamic law as a source of law in SA

The judgment does not declare Islamic law a source of SA law; constitutional amendment would be required to change that status.