Which brings me to my next question as well about syariah laws and the perceived incompatibility of Muslim practices such as polygamy with gender equality?
How has the commission tried to address these issues then? At the moment in South Africa, we don’t have legislation dealing with Muslim personal law. The Law Reform Commission finalised a report and a draft bill, about two years ago, and handed it to the Minister of Justice. The gap in the law is that religious marriages are not recognised and so the Law Reform Commission drafted a piece of legislation after consulting people in the affected community. This draft law essentially codifies aspects of the syariah, including practices which have not passed the test of Constitutionality. But it isn’t law as yet. The Gender Commission (after participating and trying to influence the Law Reform Commission) decided that there was no other way for us but to draft our own legislation. In terms of the powers that we have, both in the Constitution and our enabling legislation, we have the power to recommend new laws to Parliament. So, we drafted an alternative piece of legislation which is a secul
Related Questions
- Which brings me to my next question as well about syariah laws and the perceived incompatibility of Muslim practices such as polygamy with gender equality?
- Does a treatment program need knowledge of the domestic violence laws and justice system practices?
- What problems do Muslim women face in sports and exercise?
