Maryland Journal of International Law Volume 29 Issue 1 Symposium: "The International Law and Article 18 Politics of External Intervention in Internal Conflicts" and Special Issue: "Politics of Religious Freedom" Legislating Religious Freedom: An Example of Muslim Marriages in South Africa Waheeda Amien Dhammameghā Annie Leatt Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mjil Recommended Citation Waheeda Amien, & Dhammameghā A. Leatt, Legislating Religious Freedom: An Example of Muslim Marriages in South Africa, 29 Md. J. Int'l L. 505 (2014). Available at: http://digitalcommons.law.umaryland.edu/mjil/vol29/iss1/18 This Special Issue: Articles is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Journal of International Law by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact
[email protected]. ARTICLE Legislating Religious Freedom: An Example of Muslim Marriages in South Africa † †† WAHEEDA AMIEN AND ANNIE LEATT (DHAMMAMEGHĀ) INTRODUCTION For the past 27 years, diverse groups of Muslims have lobbied for the legalization of Muslim marriages in South Africa and for the codification of elements of Muslim Personal Law (MPL). MPL is an Islamic-based private law system comprising family law and inheritance. Perhaps surprisingly, certain ulamā bodies (Muslim religious bodies or clergy)1 and gender activists have supported draft legislation for the recognition of Muslim marriages under the enabling provisions of the final Constitution of South Africa 1996, though for quite different reasons. Yet, despite successive proposals, widespread consultation within the Muslim community, and two draft Muslim marriage bills, Muslim marriages are still not recognized in South Africa.