THE RECOGNITION AND REGULATION OF MUSLIM PERSONAL LAW IN SOUTH AFRICA

DOI: 10.5176/2251-3809_LRPP19.182

Authors: Dr. Razaana Denson

Abstract: This paper focuses on the specific legal experiences of Muslims practicing Muslim Personal Law (hereafter referred to as MPL) in South Africa, a constitutional democracy. The paper starts with a broader legal context, the problems experienced as a result of the conflict between the Constitution and Islamic law and the historical attempts to address these issues. The provisions of the 2003 and 2010 Muslim Marriages Bills which is an attempt by the legislature to recognise and regulate Muslim marriages in South Africa is considered. The enactment of general enabling legislation recognising all religious marriages in South Africa as an alternative to the enactment of the Muslim Marriages Acts is discussed.