The AL JAMA-AH party is disappointed that the Home Affairs Minister, Aaron Motsoaledi’s decision not to remove the insulting entry on the death certificate of Muslim women married for 40 years and more.
The Party’s leader in Parliament, Hon Ganief Hendricks submitted a Parliamentary written question to the Minister with the request for the Nikah, a formal binding contract according to Muslim rites, be recognised by the same legislation that recognises African customary marriages.
In response to the party’s question, Motshoaledi stated that, “the government has no powers to have Muslim marriages legalised through the Recognition of Customary Marriages Act. The Customary marriages are regulated by the Recognition of Customary Marriages Act, 1998, which provides for requirements for a valid customary marriage and registration thereof.”
The Minister’s reply is nothing new to how the previous apartheid government viewed Muslim marriages or the Nikah ceremony performed by an authentic Imam recognised the Muslim religious bodies. Hendricks expressed disappointment that the Minister did not show leadership in granting the Party’s request. The Party views it as the most insensitive response to not only grieving Muslim women, but also women from the Jewish and Hindu faiths.
“The Minister had the opportunity to soften the blow to remove this blot on the ruling Party who failed many women since it took power. Harming the dignity of women is a legacy of successive Presidents of South Africa and the Ministers of Home Affairs. The Ministers of Justice can certainly be proud of judges who have gone out of their way to state a Nikah is a valid marriage,” he said.
“Women cannot have a final view of their husbands after a Covid-19 death and all they have is a death certificate which states, “never married”. How insensitive and cruel after many years of marriage. The Minister has thrashed court judgements to speed up legislation but contradicts himself to settle matters after 5 or more years thereby continuing to insult Muslim, Hindu and Jewish women,” Hendricks explained.
He had previously raised the matter in Parliament to have the Nikah Bill tabled and legalised under the country’s Customary marriages bill. “The Nikah Bill was shoved to the background for many years, and several legal representations were made by Muslim bodies, including myself, since 1994, and even during the apartheid years.”
“The appeal for the recognition of Muslim marriages were supported by former Justice Minister Dullah Omar and other Muslim Parliamentarians including Minister Naledi Pandor and ANC member Ebrahim Rasool. The Muslim communities throughout South Africa demand answers from parliament,” Hendricks said.
The ANC headquarters, Luthuli House with the support of former President Jacob Zuma requested AL JAMA-AH to prepare a Muslim Private Bill. The Party is in the process of preparing a Bill and we are calling on the ANC to deliver on its promises and to stop harming the dignity of women.
Hendricks said Islam is the second biggest religion in South Africa and the non-recognition to Muslim marriages continued to cause extreme difficulties to the surviving spouse and children to claim their rights to benefit. He described the current status quo on Muslim Marriages as an insult to the Muslim community.
He questioned why Muslim marriages were not recognised under customary law, and what the reasons were for not recognising Muslim marriages, by the same legislation recognising African customary marriages.
“Al Jama-ah represents the aspirations of more than a million South African Muslims to have their marriages legalised. Muslim marriages were outrightly outlawed under the apartheid legislation, and we expect to be afforded a sympathetic response,” he exclaimed.
AL JAMA-AH KwaZulu-Natal PR Councillor, Moulana Asghar Khan said theologians representing Muslim religious bodies must be recognised as arbitrary bodies with regards to Muslim marriages and its consequences. “Muslims in this country after 26 years of democracy have the fundamental right for their marriages to be lawfully recognised,” he said.