Islamic marriages recognized according to South African law

· 30 Rajab 1443 AH1 min readEnglish
Nikaah

Question

Is an Islamic marriage certificate accepted in court? The reason we are asking, is because a person is married to a foreigner. So, in order to make documentation easier when they have children, they want to get court married with an “ANC” clause. Someone recently told them that Islamic marriage certificates are accepted now. We would appreciate some clarity.

Answer

The case law recognizes Islamic marriages but it has not been passed as a law yet. It is, therefore, safer for one to make Nikah and register the “ANC” (without the accrual system) and marriage for recognition purposes.

Answered by
Mufti Mohammed Desai
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