The recent move by the Department of Home Affairs to issue certificates for Muslim marriages has sparked criticism from the Muslim Judicial Council (MJC).
In an official statement, the MJC, which governs Islamic jurisprudence, expressed that these certificates alone do not establish a valid Muslim marriage and do not adhere to sharia law.
Home Affairs Minister Dr. Leon Schreiber announced on Friday the distribution of the initial batch of 33 certificates for Muslim marriages, enabled by updates to the department’s internal systems.
The MJC reaffirmed its support for the Muslim Marriages Bill (MMB) and the Muslim Personal Law (MPL) in the exact format previously presented to the South African government.
Moulana Ismail Tofie, the MJC’s Secretary General, emphasized that this agreement is crucial for their involvement in legislative matters regarding the rights of Muslims in South Africa.
However, Tofie raised concerns that the current marriage certification process does not meet sharia requirements.
He stated, “The MJC (SA) recommends that the Muslim community refrain from accepting the present certification and recognition format,” adding that the MJC is awaiting advice from its legal team on the best course of action.
Tofie further noted, “The MJC appreciates the enduring commitment of the Muslim community in South Africa to civic responsibilities, reflecting both loyalty to the nation and adherence to our religious principles.”
In a statement from the Women’s Legal Centre (WLC), it was highlighted that Muslim couples can have their marriages solemnized under the Marriage Act 25 of 1961 and receive a marriage certificate as evidence of the marriage’s validity.
The WLC explained that these marriages would be recorded as civil marriages in both the marriage register and the national population register, as they fall under the Marriage Act’s framework.
The Centre noted that, in the mid-2000s, the Department of Home Affairs initiated a project to train Muslim clerics on the Marriage Act’s provisions. However, it stressed that these marriages, while officiated by registered Muslim clerics, are still not recognized as Muslim marriages according to the Marriage Act.
The first certificate indicating a ‘Muslim marriage’ was issued on October 15, 2024, to a couple who celebrated their nikah at Cravenby Estate.
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The WLC also pointed out that it remains unclear if the department’s announcement pertains merely to an upgrade of its IT system to categorize existing marriages as Muslim marriages.
For a fee of R20, individuals can request a reprint of their marriage certificate to specify it as a Muslim marriage. The Centre advised Muslim couples, especially women, to be aware of this before accepting the Minister’s offer.