An overview of post-divorce support for muslim children in the context of South African Law, Islamic Law and the proposed 2010 Muslim Marriages Bill

Abstract

After 350 years of non-recognition, and following a protracted procedure, Muslim religious marriages and divorces are currently in the process of being directly and formally recognised in terms of South African law. A 2010 ‘code’ of Muslim Personal Law has been framed that can satisfy and synthesise both diverse Muslim (ideological) perspectives and the relevant constitutional commands (guarantees of religious freedom and equality to all South Africans). One of the key objectives of the proposed legislation is to regulate the consequences flowing from the termination of such marriages through divorce. My paper provides an analytical overview of the legal consequences flowing from a Muslim divorce in the context of South African law, Islamic law and the proposed 2010 Muslim Marriages Bill and focuses on the post-divorce support and position of minor and dependent Muslim children. As such, it is limited to the areas of guardianship, care, access and maintenance.