06 November 2025
TO ALL MEDIA HOUSES
PRESS RELEASE
NO EMBARGO
Al Jama-ah addresses the Unacceptable Stigma of “Out of Wedlock” Designation for Muslim Children
Cape Town, South Africa – Al Jama-ah’s leader who is Deputy Minister of Social Development, Hon. Ganief Hendricks has taken a significant step towards addressing the harm caused to the dignity of Muslim mothers, children, and fathers by the current practice of labelling children born within Nikah (Marriage performed according to Islamic Law) marriages as “out of wedlock”.
The issue arises when a Muslim father, newly married with a Nikah certificate, is required to sign a document stating that his child is born out of wedlock, causing lifelong harm to the child. Hendricks, after attending a strategic retreat, secured a meeting with the Director-General of Home Affairs Mr Tommy Makhode and the Acting Provincial Director for the Western Cape, Ms Irmgard Michaels to address this concern.
“The institutional harm caused by this practice, perpetuated for 30 years of democracy, is unacceptable and requires immediate attention. A Shariah marriage is a valid marriage. I am taking this issue up with the Department of Home Affairs and will raise it as a political leader of the Government of National Unity (GNU) in a meeting scheduled for next month,” exclaims Hendricks.
The proposed solution involves newly married Muslim couples registering their Nikah certificate with Home Affairs to obtain a valid South African marriage certificate, thereby ensuring that children born within these marriages are not stigmatized as “out of wedlock”. “This is causing irreparable harm to families and violates the Constitutional Court judgement. Before the judgement, a nikah was deemed to be a ‘marriage in wedlock’,” says Hendricks.
In June 2022 the Constitutional Court handed down judgement that: “The Marriage Act 25 of 1961 (Marriage Act) are inconsistent with rights entrenched in the Constitution of the Republic of South Africa, 1996 (Constitution) as they fail to recognise marriages solemnised in terms of Shariah Law, which have not been registered as civil marriages, as valid marriages, and to regulate the consequences of such recognition.”
Al Jama’ah calls on Muslim men who have performed Nikah to refrain from signing documents that falsely state their marriage is out of wedlock, as this causes irreparable harm to their children. The party also urges the Muslim Judicial Council (MJC) and all Ulema bodies to promote the registration of Nikah certificates with Home Affairs during Khutbahs (sermons) and marriage classes.
Hendricks had previously raised this issue at the UUCSA (United Ulama Council of South Africa) meeting last month, attended by representatives from nine provinces, and sadly this is not being promoted by the religious leaders.
Issued by Asghar Khan on behalf of Al Jama-ah
For media enquiries contact:
Nisa Hendricks (Media and Marketing Manager)
Cell: 082 613 1917