Home Affairs Issues Marriage Certificates Recognising Muslim Marriages

by Selinda Phenyo
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By Nkosana Khumalo

Department of Home Affairs has issued the first-ever marriage certificates explicitly recognizing the “type of marriage” as “Muslim.” This historic move officially acknowledges Muslim marriages within the country’s legal framework, fulfilling a long-standing need for recognition and aligning with South Africa’s values of inclusivity and equality. The recent issuance of 33 marriage certificates marks the culmination of years of advocacy and legal rulings aimed at safeguarding the rights of the Muslim community.

Minister of Home Affairs Dr Leon Schreiber announced the change, acknowledging the Islamic faith community’s longstanding contributions to South Africa. Schreiber emphasized the importance of this recognition, calling it “a major step towards enhancing the dignity of this faith community.” He highlighted that the updated policy not only fosters dignity but also strengthens South Africa’s “unity in diversity” by embracing all cultural and religious backgrounds. The ministry’s update enables existing Muslim marriages to be retroactively recognized upon request, with a nominal fee of R20 to reflect this designation on the marriage certificate.

This decision builds on a 2022 Constitutional Court ruling that found previous marriage and divorce legislation insufficient for recognizing Muslim marriages under South African law. The court’s landmark ruling followed years of litigation spearheaded by organizations such as the Women’s Legal Centre, which argued that the absence of formal recognition for Muslim marriages undermined the rights to equality, dignity, and family protections for Muslim women and children. Now, Muslim couples can have their marital status formally acknowledged, which is essential for legal clarity, inheritance rights, and access to various social services. The ruling also provided protections for women, including the right to asset redistribution in cases of divorce, which had previously been a significant concern for Muslim women married under Sharia law.

With this shift, South Africa is addressing critical gaps in marriage law, meeting the needs of its Muslim population, and aligning with its constitutional commitment to equality. The Department of Home Affairs has invited other Muslim couples to seek formal recognition of their marriages, a move that further solidifies South Africa’s status as a diverse and inclusive society.


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