Research paper on the recognition of Muslim marriages

Abstract

Abstract provided by author

This paper focuses on recognition of Muslim marriages, and under such heading it will concentrate on whether they are indeed recognized or not. The research is based on South Africa basically and comparing it with other jurisdictions

This was felt timely as it's becoming a topic in most countries and an issue that is continuously debated upon. In South Africa for example the South African law reform commission wanted to investigate on the Islamic issues and related matters on the recognition of Muslim marriages. It so proposed a bill which addressed the registration of Muslim marriages and other related matters falling within the class of Muslim marriages. Although some Muslims agree to that bill there are some who did oppose the bill as they believe that it will be against Shari'ah law. They believe that it will challenge the Orthodox Muslim view points such as the legal age of marriage, Polygamy and inheritance. Overall evidence shows that Muslim marriages are still not recognized, they are still arguments with regard to its recognition. The marriage officers (imams) are not recognized by the authorities and by virtue of marriage act 25 of 1961 of the South African act. There has been some progress that, the bill proposed by the South African Law reform commission shows that they is still some hope on Muslim marriages obtaining a legislation that will govern their recognition. The paper recommends, however in Namibia, that there should be a legislation that will govern the recognition of Muslim marriages as this is not fair to include them in as part of the customary marriages, and that, they are a minority and must be incorporated in chapter 3 of the constitution by accommodating them. The polygamous marriages must be recognized in order to afford legal protection to women and children and it must be implemented subject to conditions. This should be the same as emphasized in the Shari'ah law, that if a man is unable to support his wives then he should not get involved in marrying them. The (imams) marriage officers should be recognised as valid marriages officers so that the marriages they solemnize at the mosque can be regarded as valid. The right to found a family and religion must be broadly used in such a way it does not exclude the minority Muslim state.

This was felt timely as it's becoming a topic in most countries and an issue that is continuously debated upon. In South Africa for example the South African law reform commission wanted to investigate on the Islamic issues and related matters on the recognition of Muslim marriages. It so proposed a bill which addressed the registration of Muslim marriages and other related matters falling within the class of Muslim marriages. Although some Muslims agree to that bill there are some who did oppose the bill as they believe that it will be against Shari'ah law. They believe that it will challenge the Orthodox Muslim view points such as the legal age of marriage, Polygamy and inheritance. Overall evidence shows that Muslim marriages are still not recognized, they are still arguments with regard to its recognition. The marriage officers (imams) are not recognized by the authorities and by virtue of marriage act 25 of 1961 of the South African act. There has been some progress that, the bill proposed by the South African Law reform commission shows that they is still some hope on Muslim marriages obtaining a legislation that will govern their recognition. The paper recommends, however in Namibia, that there should be a legislation that will govern the recognition of Muslim marriages as this is not fair to include them in as part of the customary marriages, and that, they are a minority and must be incorporated in chapter 3 of the constitution by accommodating them. The polygamous marriages must be recognized in order to afford legal protection to women and children and it must be implemented subject to conditions. This should be the same as emphasized in the Shari'ah law, that if a man is unable to support his wives then he should not get involved in marrying them. The (imams) marriage officers should be recognised as valid marriages officers so that the marriages they solemnize at the mosque can be regarded as valid. The right to found a family and religion must be broadly used in such a way it does not exclude the minority Muslim state.