The persisting non-recognition of marriages solemnised in accordance with the tenets of Sharia law (Muslim marriages) has resulted in the infringement of fundamental rights of parties to Muslim marriages, and Muslim women and children in particular.
The full court heard the consolidated applications by the Women’s Legal Centre Trust. The Trust asks the Constitutional Court to confirm the order of the Supreme Court of Appeal that declared certain provisions of the Marriage Act and the Divorce Act unconstitutional. The Constitutional Court declared
• Section 6 of the Divorce Act unconstitutional as it fails to provide mechanisms to safeguard the welfare of minor or dependent children of Muslim marriages at the time of divorce dissolution of the Muslim marriage in the same or similar manner as it provides for mechanisms to safeguard the welfare of minor or dependent children born of other marriages that are dissolved.
• Section 7 (3) of the Divorce Act unconstitutional as it fails to provide for the redistribution of assets in the divorce or dissolution of a Muslim marriage;
• Section 9 (1) of the Divorce Act is unconstitutional as it fails to make provision for the forfeiture of patrimonial benefits of a Muslim marriage at the time of divorce or dissolution in the same or similar terms as it does in respect of other marriages that are dissolved.
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