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October 29, 2024For the first time, the Department of Home Affairs has officially recognized “Muslim” as a distinct “type of marriage” on South African marriage certificates. This landmark step granted the first 33 marriage certificates for Muslim unions, following recent updates to the department’s systems.
Home Affairs Minister Dr. Leon Schreiber hailed the move as a long-overdue recognition of the contributions the Muslim community has made to South Africa over the past 350 years. “It is an honor to preside as Minister over the granting of marriage certificates recognizing Muslim marriages,” Schreiber said, emphasizing this development as a commitment to dignity and nation-building.
To accommodate those seeking retroactive recognition, Home Affairs has enabled its systems to update existing marriage certificates at a nominal fee. Clients can reprint their marriage certificates to officially reflect “Muslim marriage” for R20.
New Protections Under the Divorce Amendment Act
This milestone follows President Cyril Ramaphosa’s signing of the Divorce Amendment Bill earlier this year, bringing significant protections for Muslim marriages under South African law. The updated Divorce Act of 1979 now ensures Muslim marriages, particularly for women and children, are safeguarded in cases of marital dissolution.
The Divorce Amendment Act 1 of 2024 includes:
- Formal recognition of Muslim marriages within the Divorce Act framework.
- Enhanced protections for children of Muslim marriages.
- Redistribution of assets and forfeiture of patrimonial benefits upon dissolution of a Muslim marriage.
The legislation, driven by a Constitutional Court ruling, highlights the need for inclusive protections for Muslim women and children, ensuring equality and security under South African law.
For more details on the Divorce Amendment Act 1 of 2024, visit gov.za.