• Adami Geldenhuys

Draft Interim Registration of Muslim Marriages Bill, 2021

Updated: Dec 14, 2021

A notice of intention to introduce a private member’s bill, the Interim Registration of Muslim Marriages Bill, in the National Assembly was published in GG 45275 on 8 October 2021.

The notice provides the following information on the proposed content of the Draft Bill:

“The draft Bill therefore, inter alia, seeks to provide for the following:

(a) the registration of Muslim marriages, in the interim, as valid marriages for all purposes in the Republic of South Africa;

(b) regulating some of the consequences arising from the recognition of Muslim marriages; (c) acknowledging the application of other existing domestic legislation to Muslim marriages in specified circumstances;

(d) interim processes and procedures to be determined by the relevant Minister by promulgating relevant regulations from time to time to be complied with in order to register the conclusion and dissolution of Muslim marriages with the Department of Home Affairs;

(e) the requirements of a valid Muslim marriage;

(f) regulating some of the proprietary consequences of Muslim marriages by providing that all Muslim marriages concluded after the commencement of this draft Bill, shall be out of community of property without the operation of the accrual system as the default position, unless the parties agree otherwise;

(g) the status and legal capacity of spouses in a Muslim marriage by providing that spouses in a Muslim marriage are equal, each with full legal capacity and unhindered status; and

(h) regulating certain aspects of the dissolution of Muslim marriages in accordance with Islamic rulings.”

Written representations are invited within 30 calendar days of the publication of this notice.

Image: Wix

Date posted: 14 October 2021