PRESS RELEASE
NO EMBARGO
03 June 2020
AL JAMA-AH – MINSTER SITS BACK ON NIKAH CERTIFICATE
The AL JAMA-AH party is disappointed that the Home Affairs Minister, Aaron Motsoaledi’s decision not to remove the insulting entry on the death certificate of Muslim women married for 40 years and more.
The Party’s leader in Parliament, Hon Ganief Hendricks submitted a Parliamentary written question to the Minister with the request for the Nikah, a formal binding contract according to Muslim rites, be recognised by the same legislation that recognises African customary marriages.
Motshoaledi stated that, “the government has no powers to have Muslim marriages legalised through the Recognition of Customary Marriages Act. The Customary marriages are regulated by the Recognition of Customary Marriages Act, 1998, which provides for requirements for a valid customary marriage and registration thereof.”
The Minister’s reply is nothing new to how the previous apartheid government viewed Muslim marriages or the Nikah ceremony performed by an authentic Imam recognised the Muslim religious bodies. Hendricks expressed disappointment that the Minister did not show leadership in granting the Party’s request. The Party views it as the most insensitive response to not only grieving Muslim women, but also women from the Jewish and Hindu faiths.
The Minister had the opportunity to soften the blow to remove this blot on the ruling Party who failed many women since it took power. Harming the dignity of women is a legacy of successive Presidents of South Africa and the Ministers of Home Affairs. The Ministers of Justice can certainly be proud of judges who have gone out of their way to state a Nikah is a valid marriage but not the Ministers of Home Affairs.
The Minister was requested to take into account the judgements but the tardiness of his department continues to harm the dignity of women throughout a pandemic which will be with us for at least another two years. Women cannot have a final view of their husbands after a Covid-19 death and all they have is a death certificate which states, “never married”. How insensitive and cruel after many years of marriage. The Minister has thrashed court judgements to speed up legislation but contradicts himself to settle matters after 5 or more years thereby continuing to insult Muslim, Hindu and Jewish women.
The ANC headquarters, Luthuli House with the support of former President Jacob Zuma requested AL JAMA-AH to prepare a Muslim Private Bill. The Party is in the process of preparing a Bill and we are calling on the ANC to deliver on its promises and to stop harming the dignity of women.
Hendricks said Islam is the second biggest religion in South Africa and the non-recognition to Muslim marriages continued to cause extreme difficulties to the surviving spouse and children to claim their rights to benefit. He described the current status quo on Muslim Marriages as an insult to the Muslim community.
For more information:
Mr Ganief Hendricks
AL JAMA-AH PRESIDENT AND LEADER IN PARLIAMENT
CELL: 082 780 2573