It’s not right to jail priests, Imams or rabbis for breaches of the Marriage Bill.
This is the sentiment expressed by political party Al Jama-ah, among its objections to certain sections of the new proposed Marriage Bill that seeks to “rationalise legislations” dealing with marriages and ensure that all persons, regardless of race, sex, gender, sexual orientation, religious or cultural beliefs, are treated equally and with dignity.
The Department of Home Affairs in the bill advances that legislative benefits should be extended to all marriages, concluded under any tradition, or a system of religious, personal or family law.
It makes provision for who may conduct marriages, different types of marriages including monogamous and polygamous marriage and also provides for penalties including jail time for marriage officers who breach provisions of the legislation, among others.
Al Jama-ah leader Ganief Hendricks said for them it was important that Muslim marriages be registered.
“In a case that took nearly seven years, the Concourt ruled that by next year there should be a Muslim Marriages Act. However, because the proposed bill wants to bring all marriages under one law and this may take two more years, in the interim the department will assist with the registering of Muslim marriages.
“We are happy because currently if there's a woman whose husband died, she can't get access to property.
“If someone gets a good job overseas but they only have a Nikah certificate it is not recognised, so they cannot bring their spouse.
“Even your death certificate says never married if you only have a Nikah certificate.
“So it’s about restoring the dignity of Muslim women,” he said.
In terms of objections he added: “On prohibiting marrying children under 18, our argument is that they should remove that clause and rather deal with that in the Children's Act because there's going to be a lot of litigation which will delay the finalisation of the this act. Then for priests and Imams to be jailed up to five years for breaches of the act, we feel it's not right. Religious organisations should have their own code of conduct to deal with transgressions.”
Freedom of Religion South Africa (FOR SA) added that they were generally happy with the bill.
“However, we remain concerned that the bill does not contain a clause that expressly protects the religious freedom of religious marriage officers.
“This is needed to ensure that they cannot be compelled to solemnise any marriage that conflicts with their faith convictions or those of the religious organisation to whom they belong.
“We are also asking for the bill to be clarified.
“This is to avoid unintentionally criminalising religious leaders who solemnise only the ‘religious component’ of the marriage ceremony,” FOR SA executive director Michael Swain said.
The public can comment on the bill until August 31.
Submissions should be addressed to the Chief Director: Legal Services at [email protected](link sends e-mail) or Agnes.Molefe@dha. gov.za(link sends e-mail).
Cape Times