Case study: getting out of an Islamic marriage :
“We are married islamically only, never taken our nikkah certificate to home affairs. We’ve been married for 5 years, but things haven’t been going well in our marriage and I want to opt for divorce but have no idea how it works or where do I need to start with the new law recognising muslim marriages; my husband has been financially, emotionally and recently physically abusive towards me, he never wanted me to get a job, only expected me to work and run his businesses. I cannot sustain myself as I have no money, how do I get out of this marriage with nowhere to go and no money to support myself and our toddler?
Please explain in simple English. Where do I go to start divorce proceedings and what do I need to make sure I dont get out of here with nothing as I have worked as hard as him to be where he is today (established businessman with multiple companies).”
Mc Naught and Co. responds:
In terms of a June 2022 Constitutional Court ruling, the Marriage Act and Divorce Act which fail to recognise Islamic marriages that are not registered with Home Affairs are contrary to our Constitution and the Government were given 24 months to rectify this and recognise Islamic marriages and provide for divorce proceedings.
Pending this, the Court ruled that any Islamic marriages in place as at 15th December 2014 may be dissolved in terms of the Divorce Act, a redistribution of assets order may be made, and any children of the marriage would enjoy the same protection as provided by the Children’s Act.
This means that to get divorced, one can now proceed to court in the normal way and Mc Naught and Co. can help you with this.
Provision is not yet made for divorces if you were married under Islamic law after the 15th December 2014 that were not registered and you would either need to wait for the new legislation to provide for this, or would need to arrange for an Islamic divorce.
Call us on 0870210123 for advice and help.