What we owe to women: how the governance of Muslim marriage in South Africa impacts Muslim women
Date
2021
Authors
Dorasamy, Cassandra
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Abstract
State recognition of Muslim marriages in South Africa is an issue that has been debated
extensively for many years. Whilst the debate continues, this research documents the
experiences of Muslim women who are engaged in legal disputes concerning Muslim
Personal Law (MPL) and the experiences of practitioners who work on such matters. The
research unpacks three topics emanating from their narratives: representation and power in
the public participation process for the Muslim Marriages Bill, the innovative and sometimes
blended strategies of practitioners working on MPL related matters, and the individual
experiences of Muslim women personally engaged in MPL disputes. The research shows how
Muslim women in unrecognised marriages have fallen between two systems of law- the
religious and the civil- resulting in them being unable to access their Islamic rights and their
constitutionally based rights. Within the context of gender inequality, socio-economic
inequality, and limited state capacity to support access to justice and enforce the law, this
research raises questions about the efficacy of the law to ensure justice for Muslim women
through state recognition. It points to the need for organising beyond the law to ensure gender
justice in the civil legal system and gender-just applications of Islamic law in the religious
system.
Description
A research report is submitted in partial fulfilment of the Master of Arts in Development Studies to the Faculty of Humanities, School of Social Sciences, University of the Witwatersrand, 2021