MUSLIM MARRIAGES

For time in memorial Muslim marriages were not recognized as having the same status as Civil marriages, in terms of the Marriage Act 25 of 1961.

From 1 May 2014 an Imam, who has been duly registered as a marriage officer in terms of the Marriage Act, may solemnize a Muslim marriage.

The Proprietary consequence of a Muslim marriage, so solemnized, will now be regarded as a civil marriage in terms of the Marriage Act.  In other words, such a marriage will be in community of property, unless the spouses have entered into an antenuptial contract excluding the community of property regime, with or without the inclusion of the accrual system.

In addition it should be noted that such a marriage officer may not marry any person who is already a party in another Muslim marriage, even where that marriage is not registered.

It must further be made abundantly clear that this does not mean that all Muslim marriages are now valid.  Muslim marriages not solemnized before a registered Imam will still be regarded as "unmarried".

From a Conveyancing perspective, a marriage certificate will be required to prove whether the marriage is valid or not.  Parties will be described in deeds and documents as married in or out of community of property, depending whether an antenuptial contract has been entered into and registered or not.  Alternatively the status quo is retained and the parties will be described as "unmarried" or "married according to Muslim Rites"