Muslim Marriages in South Africa: The Limitations and Legacy of the Indian Relief Act of 1914

Abstract

Many Muslims in post-apartheid South Africa have been seeking to use the new freedoms of a democratic state and its liberal constitution to pursue distinctive rights as part of a broader project to construct new and tighter Islamic codes in public and private domains. One example is the call for shariah-based Muslim Personal Law (MPL) in accordance with the South African Constitution which allows for the recognition of 'personal or family law' provided it is not in conflict with the Constitution. A South African Law Commission (SALC) committee headed by Supreme Court Judge Mohamed Navsa released a draft Bill on MPL in December 2001. Muslim journalist Khadija Magardie considered it "a progressive step" towards resolving the mismatch between Muslim personal law and the Bill of Rights, but warned that while it was "good news for some, its contents are likely to have some quarters sighing into their three fists long beards."