The Case of the Recognition of Muslim Personal Law in South Africa: Colonialism, Apartheid and Constitutional Democracy

Abstract

South Africa provides an ideal example of legal pluralism where there is a constitutional commitment by the state to provide recognition to both customary and religious law. The mosaic of South African history is richly interwoven with Islam since the arrival of Muslims coming from all parts of the world more than 360 years ago. The history of Muslims in South Africa is inextricably linked to the presence of colonialism, apartheid and constitutional democracy. Muslim personal law in South Africa is on the verge of recognition and implementation. The Muslim community is divided on the issue of whether they should recognise the state’s having jurisdiction over Muslim personal law through the enactment of a Muslim Marriages Act. This chapter critically discusses the opportunities and challenges South African Muslims have faced, and are facing, with the recognition of Muslim personal law.