Cape Town - The recent decision by the Department of Home Affairs to issue Muslim marriage certificates has drawn the ire from the Muslim Judicial Council (MJC).
In a statement, the MJC which oversees Islamic jurisprudence, said the documents by themselves could not constitute a Muslim marriage, and were not compliant with sharia (religious regulations).
Home Affairs Minister Dr Leon Schreiber on Friday announced the issuance of the first batch of 33 certificates for Muslim marriages, facilitated by changes made to Home Affairs internal systems.
The Muslim Judicial Council (MJC) said it remains committed to the Muslim Marriages Bill (MMB) and the Muslim Personal Law(MPL) in the precise form submitted to the SA government in previous years.
Moulana Ismail Tofie, secretary general of the MJC, said this agreement is fundamental to their engagement with the legislative process concerning the rights of Muslims in the country.
However, Tofie notes the concerns that the current format of marriage certification and recognition by the department does not align with the requirements of sharia.
“In light of this, the MJC (SA) advises the Muslim community not to adopt the current certification and recognition format,” he explained.
“The MJC is awaiting guidance from its legal desk, which will provide further advice regarding the appropriate course of action.”
He added: “The MJC acknowledges the long-standing commitment of the Muslim community in SA to the responsibilities of citizenship, reflecting both loyalty to the country and dedication to our religious values.”
In a statement issued by the Women’s Legal Centre (WLC), it noted that Muslim couples can have their marriages solemnised in terms of the Marriage’s Act 25 of 1961 and receive a marriage certificate as proof of the validity of the marriage.
The centre said these marriages would be registered and recorded in the marriage register and the national population register as civil marriages because they were concluded under the framework of the Marriage Act.
The WLC said during the mid2000s, the DHA undertook a project where Muslim clerics were trained on the provisions of the Marriage Act.
“These marriages, even though concluded by Muslim clerics registered as marriage officers, were and are still not recognised as Muslim marriages in terms of the Marriage Act, because the legislative framework does not empower the Department of Home Affairs to do so,” the statement said.
The first certificate of this kind, noting ‘Muslim marriage,’ was issued on 15 October 2024 to a couple who celebrated their nikah (Muslim marriage) at Cravenby Estate.
The centre said it was unclear whether the department’s announcement simply referred to the upgrading of its IT system to document existing marriages as Muslim marriages.
For a fee of R20, clients have the option to request a reprint of their marriage certificate, indicating that they would like the wording to specify it as a Muslim marriage.
“It is important that Muslim couples, and women in particular, are aware of this before they take up the Minister’s offer,” the Centre said.
byron.lukas@inl.co.za