Domestic Partnership vs Marriage The Legal Advantages



The constitutional court first addressed the question jurisdiction i.e whether the court could be approached directly in this matter as a court first instance The Constitutional Court ultimately found that this application should follow the litigious hierarchy and be referred to the High Court as court first instance The Women’s Centre Trust is due to launch this application in the Western Cape High Court and we eagerly await the outcome Is it wise to hold your breath in anticipation the Muslim s bill being enacted? Considering all the difficulties and uncertainty around the bill as well as divergent opinions it would be best to consider registration your in terms the act (25) 1961 South African legislation is also by default not retrospective application and unless specified an act will not apply to s before the commencement date. Build up to the Muslim ’s Bill A Project Committee the South African Law Reform Commission was established to investigate Islamic s and matters related thereto This investigation ultimately led to drafting the Muslim s Bill Again many a Muslim mistakenly believed that Muslim s had attained recognition after the deadline for public comment on the Muslim s Bill had passed at the end May 2011 The Muslim s bill can only evolve into an ACT or LAW once it is enacted by parliament and allocated a commencement date Since the Muslim s bill has not been enacted and allocated a commencement date it does not at present amend the (Nikah) Muslim s in South Africa Delay in Enactment and Finalisation the Muslim ’s Bill

Dr Siddiqui said we need to initiate an awareness campaign to empower young people so that they could not be forced into s that they did not consent to and parents to recognise that around 70% forced s result in divorce In such an event it is left to the parents to pick up the pieces Thus an understanding between parents and children is paramount to ensure young people marry out choice and are involved in the process Read more… Under British law couples who are only in a nikah (ie they have not also done a civil ) are generally considered to be co-habiting They do not have the same rights as couples in a civil or a that is properly recognised under the law (for example a recognised foreign ) This page from the British government’s information portal provides good information about the lack full rights for spouses who cohabit Cohabitation - living together There are over four million couples living together in England and Wales in cohabitation Although cohabitants are now given protection in several areas they and their families have significantly fewer rights and responsibilities than people who are married or who have formed a civil partnership. Cohabitation is a (sometimes de facto) given to same-sex or opposite-sex couples in certain jurisdictions They may be similar to common-law s More specifically cohabitation may. Comment Name * Email * Website Save my name email and website in this browser for the next time I comment.

Without a registered one may experience difficulty registering fspring under the father’s surname In such an instance birth certificates would be issued for a child on the mother’s surname Visa applications to visit certain countries specify that certificates should accompany applications Should the parties separate enforcement maintenance obligations custody and access arising from an Islamic could prove problematic What should a Muslim couple that contemplate (Nikah) Muslim do? Most people think that after they've been living with their partner for a couple years they become 'common law husband and wife' with the same rights as married couples This is not the case In fact couples who live together have hardly any the same rights as married couples or civil partners There is no such thing as ‘common law ’ If you are living together as a couple there are steps you can take to protect yourself and your partner There are also ways to minimise the and financial problems which may arise if as can happen you decide to separate or if one. Prior to the advent democracy (Nikah) Muslim s together with Hindu and other Traditional were not recognized as having the same as civil s in terms the Numerous reasons were finished for non-recognition and no constructive engagement regarding the issue was entertained An example the then quo is the 1983 ruling in Ismail vs Ismail 1983 (1) SA1006 (A) The appellant sought the proprietary consequences flowing from the termination a solemnised according to Islamic rites (Nikah) the court refused to grant rights to polygymous unions on the grounds public policy saying that “the union was contrary to the accepted norms that are morally binding on our society”. The content this web site does not constitute advice nor does it necessarily reflect the views the directors Bregmans Moodley Attorneys Inc or their associates contributors authors or suppliers Even though every endeavour has been made as to the accuracy the information we cannot be held responsible for any errors and/or omissions See our privacy policy. Source: Abdul Buckus buckusattorneys@ The (Nikah) Muslim s in South Africa is amongst the most frequently queried issues which unfortunately still attracts the most divergent responses A brief overview In order to be designated a ficer a (IMAAM/ALIM) Muslim cleric must successfully complete a mandatory training course and examination Upon completion the (IMAAM/ALIM) Muslim cleric must be designated a ficer as required in Section 4 the s act (25) 1961 This (IMAAM/ALIM) Muslim cleric is thus not a fice by virtue his Islamic knowledge training or affiliation but as a result having successfully completed the requisite training and examination in terms the s act (25) 1961 The role the (IMAAM/ ALIM) Muslim cleric as ficer would then be to solemnise the in terms the Act 1961 after the (Nikah) Islamic ceremony The ficer must thereafter register the formally with the Department Home Affairs This registration is not a substitute for the (Nikah) Islamic ceremony nor does it have any bearing on its validity. Please enter an answer in digits:fifteen − 15 = The first ever community initiative to discuss the issue Islamic s and the role the Mosque within the community was launched in Bury Greater Manchester The seminar was opened by Dr Ghayasuddin Siddiqui Leader the Muslim Parliament who emphasised the need for the family and mosques to be strengthened if the Muslim community was to move forward Currently the practices forced s domestic violence drugs and crime were rampant within the community and only by strengthening these two institutions can we overcome these problems We prefer not to call a nikah a ‘religious ’ because there is nothing ‘Islamic’ about a situation in which suffering and injustice is increased Indeed Islam recommends that all important matters be written and recorded A Muslim that takes place abroad is not the same as a nikah in Britain Generally speaking if a is ly valid in the foreign country in which it took place then it is valid under the law here Most Muslim family laws in other countries require some form registration and s are less popular today This is because people recognise that with changes in society and given the injustices that can happen because an it is better to register the You can find out about the current rights cohabiting couples from Advicenow – an independent website fering information on rights and issues Their ‘Living Together’ campaign is intended to make both opposite and same-sex cohabitants more aware their The campaign also provides advice on how to protect yourself and your family should you wish to do so If you would like more information about the differences in the position married and unmarried couples the ‘Married or Not’ section the One Plus One website provides an overview Directgov: cohabitation and civil partnerships Muslim Parliament: Getting married – Some Guidelines Bregman Moodley Attorneys Inc 2015/089214/21 B-BBEE Level 1 Physical Address: Suite 314 3rd Floor fice Towers Killarney Mall 60 Riviera Road Killarney Johannesburg South Africa Directors: Roy Bregman Sharusha Moodley & Benita Dayaljee Associates: Melani Scholtz Renthia Neethling & Abdul Buckus Cambodia: · 50 communes Costa Rica Israel Japan: · 7 cities Poland San Marino United Kingdom: · Cayman Islands Registration (Imaam’s / Ulama) Muslim Clerics as ficers In April 2014 In 2014 the South African Department Home Affairs launched a project to train (IMAAM / ULAMA) Muslim clerics to be designated ficers Over 100 (IMAAM’S /ULAMA) Muslim clerics from around the country graduated as ficers at the end April 2014 allowing them to ficiate and register Muslim unions Articles around this designation have caused the most confusion with misleading titles such as “As from 30 April 2014 Muslim s in South Africa are ficially recognised.” and “Muslim as a result the Imams being designated as ficers in terms the s Act (25) 1961.” The factual situation is that not every (IMAAM/ALIM) Muslim cleric is. There are so far no reliable statistics on what proportion Muslims who get married in Britain have both a civil (e.g in a registry) and a nikah or just a civil or just a nikah However it is clear that many thousands couples for one reason or another (and ten for all the wrong reasons) are only in what is locally known as a “nikah” – a that is not accompanied by a civil and is therefore not recognised by the law in Britain It is equally clear that this lack proper ten results in problems for the couple and suffering especially for the woman in the event that there are difficulties. Notify me follow-up comments by email Notify me new posts. Any couple that intend to marry by (Nikah) Islamic ceremony should first consult an attorney to discuss the matrimonial property systems in South Africa and consider which will best suit their needs An attorney must draft the necessary documentation before the is registered in terms the s It is imperative that necessary documentation and contracts are finalised and attested to before registration in terms the s What about spouses that are already married by (Nikah) Muslim ceremony? This deadlock coupled with further delays by all involved leaves the bill in somewhat a void There is presently no certainty or indication when and how common ground will be attained Efforts by the Women’s Centre Trust in relation to enactment legislation to regulate and recognise (Nikah) Muslim s The Women’s Centre Trust in Cape Town has always been at the forefront in assisting women affected by the consequences non-recognition Muslim s At the beginning 2009 The Women’s Centre Trust made an application directly to the Constitutional Court requesting the court to compel the President and Parliament to pass legislation recognizing (Nikah) Muslim s and regulating the consequences such s within eighteen (18) months.

During the late 90’s as democracy gained momentum a progressive move toward formal recognition these s began The Recognition Customary s Act The Recognition Customary s Act was enacted in the last quarter 2000 Many Muslim individuals and couples incorrectly believed that this legislation would result in the recognition (Nikah) Muslim s The customary s act affords recognition to a customary concluded in terms customary law The act defines customary law as “the customs and usages traditionally observed among the indigenous African peoples South Africa and which form part the culture those peoples” The definition clearly does not include or apply to s concluded by (Nikah) Muslim rights The customary s act thus does not afford recognition to (NIKAH) Muslim s. The designation certain (IMAAM / ULAMA) Muslim clerics as fices does not afford recognition to (Nikah) Muslim but merely facilitates ease registration via (IMAAM/ ALIM) Muslim cleric designated as ficer The proprietary consequences such registered s will also be in terms South African law and not (Sharia) Islamic law Does South Africa recognise (Nikah) Muslim ? The short and concise answer is NO However by registering a in terms the s spouses can obtain recognition and regulate the proprietary consequences their What are the potential dangers not registering a according to South African law? If a spouse passes away and the was not registered the estate will be dealt with as that an unmarried person to the detriment the surviving spouse. During the period that comment on the Muslim marriage’s bill was received it became clear the two camps were emerging with divergent views and opinions regarding the recognition and regulation of Muslim marriages in South Africa The one school of thought motivate the view that the bill is unconstitutional and unislamic in that it allows for state interference and regulation of sacred (Sharia) Islamic law This group is also adamant that a non-Muslim jurist cannot preside over and rule on (sharia) Islamic law disputes Conversely the so called “liberal camp” motivate the view that some form of regulation is better than none They argue that progression and development of legal precedent around regulation of Muslim marriage will be expedited if South African courts are allowed to decide on these matters and develop the law on a case-by-case basis. Some other countries and sub-national regions recognize cohabitation as listed in the Civil union article. Side by side with efforts to popularise the new contract within the Muslim community the Muslim Institute is also campaigning to encourage more mosques to become places registered for the solemnisation under the 1948 Act This is to ensure more mosques are able to conduct s recognised under English and Welsh or Scottish law This will enable more Muslims married in Britain to access British courts regarding marital issues and further protect the rights the spouses. Muslims in Canada who are also a minority and mostly from migrant backgrounds like the community in Britain almost always do both a civil and a nikah They are surprised to learn that many Muslims in Britain only do a nikah The Canadian Council Muslim Women has also developed a model contract for Muslims in Canada Civil s For more information about civil s (at a registry fice or a licenced venue) see Wedding. A couple married by (Nikah) Islamic ceremony that have not registered the in terms the s should likewise contact an attorney to discuss the matrimonial property systems in South Africa and consider which will best suit their needs A that is not registered in terms the s can be registered at any stage after the (Nikah) Islamic ceremony irrespective when the (Nikah) Islamic ceremony was performed What if a Muslim couple’s has been registered in terms the s without an antenuptial contract? South African law does make provision for registration post nuptial contracts subject to certain requirements and court application A Muslim couple that wants to change their matrimonial proprietary system must contact as attorney.