- Title
- Drawing Lines in the Sand: AM v RM 2010 2 SA 223 (ECP)
- Creator
- Kruuse, Helen
- Date
- 2009
- Type
- Article
- Type
- text
- Identifier
- http://hdl.handle.net/10962/54107
- Identifier
- vital:26391
- Identifier
- http://www.ufh.ac.za/speculumjuris/files/pdf/SpeculumJuris_2009_Part_2.pdf
- Description
- Judge Elna Revelas’s decision in the case of Mohamed v Mohamed 1 may be described as one of those run-of-the-mill applications in terms of rule 43 which are routinely heard on motion court days in any one of our high courts across the country. This case note suggests that her decision belies such a description. Instead, this note suggests that her decision marks a move away from existing jurisprudence on Muslim marriages in a way which may undermine, rather than promote, the recognition and respect for the marriage institutions of different religious systems and beliefs. I tentatively suggest that by granting the rule 43 application the court may have effectively imposed civil marriage obligations on a religious marriage even though the parties had not concluded a marriage in terms of the Marriage Act.2 As such, the decision has potentially radical consequences for parties in Muslim marriages and highlights the complex issues that courts have had to face in the last two decades without any guiding legislation. In order to understand the judgment properly, its context has to be considered. This context includes (1) the numerous judgments extending protection to women in Muslim marriages in the last two decades against the backdrop of the coming into effect of the Constitution of the Republic of South Africa, 1996; and (2) the application by the Women’s Legal Centre Trust (hereafter “WLCT”) to the Constitutional Court to force the President and Parliament to enact legislation to recognise and protect Muslim marriages.
- Format
- 16 pages, pdf
- Language
- English
- Relation
- Speculum Juris, Kruuse, H. (2009) Drawing Lines in the Sand: AM v RM 2010 2 SA 223 (ECP). Speculum Juris, 2009(2), pp. 127-143, http://www.ufh.ac.za/speculumjuris/files/pdf/SpeculumJuris_2009_Part_2.pdf, Speculum Juris 2009 vol.2009 2 no.2 127 143 2009 ISSN : 0584-8652
- Rights
- Speculum Juris
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Kruuse, Helen (Mrs)
RU Department of Law
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