Islamic marriages recognized according to South African law

Question:-

Is an Islamic marriage certificate accepted in court? The reason we are asking, is because a person is married to a foreigner. So, in order to make documentation easier when they have children, they want to get court married with an “ANC” clause. Someone recently told them that Islamic marriage certificates are accepted now. We would appreciate some clarity.

Answer:-

The case law recognizes Islamic marriages but it has not been passed as a law yet. It is, therefore, safer for one to make Nikah and register the “ANC” (without the accrual system) and marriage for recognition purposes.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 29 Rajab 1443 / 03 March 2022