The rights of women in customary marriages Article written by Eileen Dexter, Candidate Attorney, checked and released by Maike Gohl, Partner at Schindlers Attorneys. 02 March 2022 Introduction Before we address the topic at hand, it is important to understand the difference between a civil marriage and a customary marriage. Certain requirements exist that must
- Published in 2022, Customary Marriage, Estates and Trusts, News
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SJ v SE (not yet reported)
Thu, 13 Sep 2018
SUMMARY In casu, the Respondent sought, inter alia, an order declaring that Rule 43 of the Uniform Rules of Court does not apply to Islamic marriages and in circumstances where a Talaq has been issued. The parties were married to each other under Islamic Law and 2 (two) children were born of the marriage.
- Published in News, 2018, Customary Marriage, Family Law
Moosa and Others v Minister of Justice and Correctional Services and Others [2018] ZACC 19 (29 June 2018)
Wed, 18 Jul 2018
SUMMARY On 14 September 2017, the High Court of South Africa, Western Cape Division, delivered a judgment in which it declared section 2C(1) of the Wills Act 7 of 1953 (hereinafter “the Wills Act”) constitutionally invalid due to its failure to recognise the rights of a spouse married by Muslim rites in a polygamous marriage
- Published in News, 2018, Customary Marriage, Family Law