Constitutional Court ruling a victory for Muslim women in polygamous marriages
In a victory for Muslim women married in polygamous marriages‚ the Constitutional Court has confirmed that a section in the Wills Act is unconstitutional. The section failed to recognise the right of a surviving spouse in a polygamous Muslim marriage to the benefits of her deceased husband’s will. The Constitutional Court confirmed the order made by the High Court in Cape Town last year‚ which declared section 2C(1) of the Wills Act invalid. The Constitutional Court said the section should be read as including the following words: "For the purposes of this sub-section‚ a ‘surviving spouse’ includes every husband and wife of a monogamous and polygamous Muslim marriage solemnised under the religion of Islam."
In this case‚ Osman Harneker died in 2014. He married his first wife, Amina Harneker, in 1957 and his second wife, Farieda Harneker, in 1964 under Islamic law. He married his first wife under South African law in 1982‚ following advice he received so that he could obtain a ...
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