Divorce

Demystifying the Constitutional Court Judgment of KG v Minister of Home Affairs and Others [2023] ZACC 32

Demystifying the Constitutional Court Judgment of KG v Minister of Home Affairs and Others [2023] ZACC 32

Understanding legal judgments can sometimes be a maze for many. In the realms of South African divorce law, the case EB (born S) v ER (born B) and Others and the KG v Minister of Home Affairs and Others [2023] ZACC 32 stand as paramount. It has brought about significant change and discussion in family law circles.

This article endeavours to break down this case, explaining its implications for South Africans and debunking some of the prevailing myths surrounding the judgment.

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I Want To Divorce My Husband But I Was Only Married In Terms Of Sharia Law

I Want To Divorce My Husband But I Was Only Married In Terms Of Sharia Law

“Naeema and Rasheed were married in terms of Sharia Law on the 06th of December 2018. After a few years of marriage, it was clear to Naeema that Rasheed was abusive and was controlling their finances completely. Naeema decided to get legal advice and was incorrectly advised that Muslim Marriages are currently not recognized in South Africa, and therefore, she will not be able to get divorced in our Courts. Naeema was sure that she had read somewhere that she could get divorced in South African if she has been married in terms of Sharia Law.”

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