Muslim Marriages, the South African Constitution and Parliamentary Legislation.
The Centre for Conntemporary Islam has planned a workshop on May 22 on this important topic. This follows a similar workshop organized in Kenya at Sta Paul's University (Limuru) on March 20, 2010. Both concern the role and place of aspects of the Sharia in modern states and legislation.
A decade and a half ago, the first democratic Constitution of South Africa enabled government to enact legislation to recognize marriages conducted according to religious and cultural traditions. With respect to Muslim marriages, the 2010 Parliamentary Session might see the enactment of a law translating that provision into South African legislation.
This workshop is organized by the Centre for Contemporary Islam to pose some central questions on this important issue:
- Why has Parliament taken so long to enact legislation?
- What process and steps has the Ministry of Justice and Constitutional Development taken to ensure the formulation of an agreeable piece of legislation?
- How have the courts dealt with Muslim marriages since the signing of theConstitution?
- How have Muslims resolved disputes within marriages, in and out ofcourts?
- What positions have various Muslims (individually and organizationally) taken with respect to Muslim Family Law in the proposed legislation?
- What critical values have emerged among human rights advocates, religious scholars (ulama) and the state on Muslim Marriages and the Constitution in South Africa?
- How does this process compare with African Customary Marriages?
The CCI is bringing together scholars and activists to present short position papers on some of these questions. They will provide the basis for
an intensive discussion. The following have agreed, others may be added:
- Ms. Rosieda Shabodien - Commissioner, Commission for Gender Equality
- Dr. Allie Moosagie - Fatwa Committee of the Muslim Judicial Council
- Dr. Munir Farid - Guest Lecturer in Islamic Law at the University of Cape Town (confirmed)
- Ms. Jennifer Williams and Hoodah Abrahams-Fayker (Women's Legal Centre)
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