The Center advocates the court legalizes Muslim marriages, making wedded Muslim ladies and their kids to be furnished with legitimate insurance, particularly when the couple divorces or the spouse dies.
The Center contends this is vital in view of the state’s “proceeded with inability to find a way to cure and keep the further and proceeding with encroachment” of rights with regards to Muslim relational unions.
This had created a gap in legislation that resulted in “fundamentally injurious consequences for a most vulnerable sector of our community”.
There were many ways in which the state could take steps to protect and fulfil the Bill of Rights. These measures would need to be “reasonable and able to withstand constitutional scrutiny”.
Bawa said that the state had a duty to put in place reasonable and effective regulatory and/or policy measures recognising the consequences of Muslim marriages. To do this the state must “prepare, initiate, enact and bring into operation an Act of Parliament providing for the recognition of all Muslim marriages as valid marriages for all purposes in South Africa and regulating the consequences of such recognition”.
Judge Siraj Desai asked whether it was necessary to regulate. Bawa responded that if there was no regulation then there would be no effective relief.
The case is set to continue for the next two weeks and again for four days from 11 December 2017.