With the approval of the National Council of Provinces secured, the final step rests with President Cyril Ramaphosa’s signature.

This legislative milestone addresses a long-standing issue highlighted by the Constitutional Court in the case of Women’s Legal Centre Trust v President of the Republic of South Africa and others.

The court found fault with the existing Divorce Act, noting its failure to accommodate Muslim marriages, rendering them unrecognized and leaving individuals, particularly women, without legal recourse for divorce.

Under the current framework, the absence of recognition for Muslim marriages in civil law has left spouses, especially women, vulnerable.

Without access to the court system, the interests of Muslim women and dependent children were not adequately protected, creating disparities in legal rights compared to other marital unions.

One of the glaring omissions of the Divorce Act was its failure to address asset redistribution and the forfeiture of patrimonial benefits in Muslim marriages, a provision extended to other dissolved marriages.

This oversight further underscored the need for comprehensive reform.

The Divorce Amendment Bill, a legislative initiative designed to rectify these shortcomings and ensure equitable treatment under the law for all marital unions, including Muslim marriages.

1.Definition of Muslim Marriage: The bill introduces a clear definition of a Muslim marriage, a crucial step towards formal recognition within the legal framework.

2.Protection of Dependent and Minor Children: Recognizing the vulnerability of children in dissolved Muslim marriages, the bill aims to safeguard their interests and ensure adequate support.

3.Asset Redistribution: Addressing: a significant gap in existing legislation, the bill provides for the fair redistribution of assets upon the dissolution of a Muslim marriage, mirroring provisions for other marital unions.

4.Forfeiture of Patrimonial Benefits: Similar to other dissolved marriages, the bill includes provisions for the forfeiture of patrimonial benefits in cases of Muslim marriage dissolution, promoting fairness and equity.

It's essential to note that while the bill represents a crucial step towards inclusivity and equitable legal treatment, it does not supplant Islamic divorce procedures.

Individuals seeking religious divorce will continue to follow Islamic law for that purpose.

In summary, the Divorce Amendment Bill signals a significant stride towards rectifying legal inequities and ensuring comprehensive protection for all individuals, regardless of their marital union.

As South Africa awaits President Ramaphosa’s signature, anticipation grows for the formalization of these much-needed reforms, ushering in a new era of inclusivity and fairness in divorce proceedings.