The newest Act will the newest detriment out of Muslim female and not Muslim men
You to take a look at tends to be parochial as it can eradicate brand new historical perspective of general solution of your own liberties off Muslim people. Additionally, it may not be advised that just because zero identification is actually afforded to help you marriages concluded when it comes to faith per se since the considered from inside the part 15(3), Muslim marriages aren’t permitted safety. The higher strategy is that that was accompanied by Nkabinde J from inside the Hassam when she told you :
“ The marriage amongst the applicant and also the lifeless, getting polygynous, does not gain benefit from the status of a marriage within the Wedding Act. Brand new Act distinguishes ranging from widows partnered in terms of the Wedding Act and people hitched with regards to Muslim rites; between widows when you look at the monogamous Muslim marriage ceremonies and people during the polygynous Muslim marriages; and you may between widows during the polygynous traditional marriages and those inside the polygynous Muslim marriage ceremonies. ”
Within this connection this new WLC is right therefore the Court possess understood it to be suitable evaluate ladies in Muslim marriages having those in civil and regular marriages and the given that evaluate Muslim lady and you may Muslim males. Whilst the relationships is not asserted since the right constitutionally, this has been considering “ a great close off constitutional relevance ” from the Constitutional Judge.
Having unearthed that you will find differentiation due to the fact intricate over, brand new Judge for the Hassam enquired whether or not you to definitely amounted so you can discrimination into the some of the detailed soil while the address was yes. It felt brand new jurisprudence of these Judge and that required the fresh Judge to help you evaluate the kind of your own discrimination contextually.