Overcoming the Conflict Between the Right to Freedom of Religion and Women’s Rights to Equality: A South African Case Study of Muslim Marriages

Citation:

Amien, Waheeda. 2006. “Overcoming the Conflict Between the Right to Freedom of Religion and Women’s Rights to Equality: A South African Case Study of Muslim Marriages.” Johns Hopkins University Press 28: 729-54.

Author: Waheeda Amien

Abstract:

This article provides an overview of the South African law reform process regarding the legal recognition of Muslim marriages in the context of South Africa's constitutional commitments. With reference to the proposed draft legislation, it explores the conflict between the right to freedom of religion and women's rights to equality that arises as a result of the proposed recognition. Despite the conflict, it is argued that legal recognition of Muslim marriages is necessary for the protection of women's rights. After considering the ways in which the conflict has been dealt with at legislative and judicial levels, suggestions are offered to overcome the conflict so that women's rights to equality are not compromised.

Topics: Gender, Women, Gendered Power Relations, Gender Equality/Inequality, Governance, Constitutions, Justice, Religion, Rights, Women's Rights Regions: Africa, Southern Africa Countries: South Africa

Year: 2006