AfricaBib 
bibliographic database
| Previous page | New search |
The free AfricaBib App for Android is available here
 Periodical article |
 Leiden University catalogue |
 WorldCat |
| Title: | Muslim Marriages in South Africa: The Limitations and Legacy of the Indian Relief Act of 1914 |
| Author: | Vahed, Goolam |
| Year: | 2003 |
| Periodical: | Journal of Natal and Zulu History |
| Volume: | 21 |
| Pages: | 1-40 |
| Language: | English |
| Geographic terms: | South Africa Natal |
| Subjects: | Indians Islam marriage marriage law 1850-1899 1900-1909 1910-1919 Peoples of Africa (Ethnic Groups) Law, Human Rights and Violence Religion and Witchcraft Women's Issues Ethnic and Race Relations History and Exploration Cultural Roles Marital Relations and Nuptiality Historical/Biographical Law, Legal Issues, and Human Rights |
| Abstract: | Recently there have been heated debates among Muslims in postapartheid South Africa about to what extent Muslim Personal Law (MPL) can be adapted or if it should be strictly bound by 'sharia'. This article looks at some similar earlier debates on Muslim marriages. It covers the period between the arrival of Indians in 1860 up to the Indian Relief Act negotiated by Mahatma Gandhi and General Smuts in 1914. In Natal, under the colonial State, the Muslim idea of what constituted a family was challenged, the biggest stumbling block being the non-recognition of polygynous marriages. Muslims failed in their attempts to achieve their goal as the law reified discord between 'sharia' and local values. Marriages contracted according to Islamic law were declared null and void, which entailed a large number of social consequences as a result of uncertainty about the legal position of spouses and children (the most disadvantaged were the women and children), divorce and maintenance, and custody. Muslims drew a distinction between religious law and State law and only some chose to register their marriage, which subsequently could have a devastating effect in the event of divorce, not leaving women a leg to stand on. Even today in postapartheid South Africa the same controversies are tending to divide Muslim society. Notes, ref. [ASC Leiden abstract] |