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Traditional Muslim Family Law and the Compatibility of the Proposed Muslim Marriage Legislation with Shari’ah

In this article traditional Muslim marriage law of the Sunni schools of thought is examined and compared to the provisions in the draft Bill.

The South African Law Reform Commission compiled a draft Bill on Muslim Marriages in 2003. Similar to the Recognition of Customary Marriages Act of 1998 with regard to customary marriages, the draft Bill proposes recognition of all Muslim marriages irrespective of the date of commencement of the proposed Act. Although the legislature has not responded to the publication of the draft Bill on Muslim marriages, the draft Bill still forms the only indication of the intended framework in which Muslim marriage law will be recognised in South Africa. In this article traditional Muslim marriage law of the Sunni schools of thought is examined and compared to the provisions in the draft Bill.

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