THE AL JAMA-AH Party has achieved its 2019 Election Promise made to South African Muslims that should the party win a seat in National Parliament; it would fight for the recognition of the Nikah
(Muslim marriage in accordance with Islam) which would restore the dignity of Muslim wives.
These amendments meant much to our women folk, who were married and given a Nikah (marriage) certificate, and the children, who were previously viewed as illegitimate; with these modifications, their respective statuses have radically changed; and this thus corrected an irregularity that the couples were ‘never married’ and that the children were borne ‘out of wedlock’.
For many centuries – during colonial and post-apartheid times- Muslim marriages were not recognised thus imposing many hardships on women and children. After 375 years of Islam in South Africa, the recognition of the Nikah is long overdue! Finally, the Nikah performed over the many centuries can now be added to the South African National Population Register along with births, deaths and divorces of Muslim wives and husbands.
The Registration of Muslim Marriages was finally approved by cabinet followed by a circular issued by The Department of Home Affairs on the 27 June 2023. Adding to the latter’s historical achievement by Al Jama-ah’s leader, Hon Ganief Hendricks, the Portfolio Committee on Justice that dealt with the Divorce Bill decided to amend it in accordance with the proposal made by him.
The party had ‘oversight desks’ at each of the four DHA (Mitchells Plain and Wynberg in the Western Cape; Harrison Street in Johannesburg and Umgeni Road in Durban), however there were teething problems. Hendricks stated that, “it has come to our knowledge that the Nikah marriage is being registered under ‘The Recognition of Customary Marriages Act’ instead of ‘The Recognition of Muslim Marriage’.“ He added that, “if left as is then in the near future, the Muslims might encounter major negative consequences in the years ahead; and this should be avoided at all costs.”
The DHA and the party, which are involved in this process, wish to ensure the process complies with ‘the agreement’ as well as with the 27 June 2023 Circular. Now for this issue to be smoothened out, the party’s legal counsel is engaging with the DHA officials, and soon thereafter, the party’s spokesperson will inform the Muslim community about the outcome.