October 29, 2024 | SA News
The Department of Home Affairs in South Africa has made history by issuing the first official marriage certificates recognizing Muslim marriages. This significant development comes after updates to the department’s internal systems, leading to the issuance of 33 certificates specifically for Muslim unions.
Home Affairs Minister Dr. Leon Schreiber expressed pride in this milestone, noting the long-standing contributions of the Islamic community to South Africa’s history, spanning over 350 years. “While it comes hundreds of years later than it should have, it is a personal honour for me to preside as Minister over the granting of marriage certificates recognising Muslim marriages,” he stated.
This initiative is seen as a major step toward enhancing the dignity of the Muslim community and reflects Home Affairs’ commitment to recognizing the diversity of South African society. The Minister also highlighted that clients wishing to have their Muslim marriages formally recognized can now do so.
Additionally, the department has set up systems to retroactively recognize Muslim marriages. For a fee of R20, clients can request a reprint of their marriage certificate with updated wording to indicate that it is a Muslim marriage.
This development follows the signing of the Divorce Amendment Bill by President Cyril Ramaphosa in May, which amended the Divorce Act of 1979 to include protections for Muslim marriages. The new legislation aims to safeguard the interests of Muslim women and children in the event of marriage dissolution, addressing previous shortcomings that differentiated between marriages under the Marriage Act and those conducted according to Muslim rites.
The amendments include definitions and protections for dependent and minor children of Muslim marriages, asset redistribution upon dissolution, and provisions against forfeiture of benefits. This legal recognition is a response to a Constitutional Court ruling emphasizing the need for protecting the rights of Muslim women and children.
Dr. Schreiber concluded by reaffirming Home Affairs’ readiness to assist clients seeking recognition for their Muslim marriages, marking a significant advancement in the inclusivity of South African marriage law.