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238<br />

(2) set out <strong>the</strong> legislative recognition that has been afforded <strong>to</strong> Muslim<br />

marriages<br />

(3) discuss <strong>the</strong> recognition <strong>the</strong> courts have extended <strong>to</strong> Muslim marriages<br />

(4) explain whe<strong>the</strong>r <strong>the</strong> limited recognition of Muslim marriages is<br />

unconstitutional<br />

PRESCRIBED MATTER<br />

Study<br />

. Prescribed textbook 215±217, 222±223 (you may ignore 218±221)<br />

CONTENT OF THIS STUDY UNIT<br />

1 INTRODUCTION<br />

In <strong>the</strong> previous <strong>study</strong> unit we indicated that <strong>the</strong> reasons why cus<strong>to</strong>mary<br />

marriages were not fully recognised prior <strong>to</strong> <strong>the</strong> coming in<strong>to</strong> operation of<br />

<strong>the</strong> Recognition of Cus<strong>to</strong>mary Marriages Act 120 of 1998 were that <strong>the</strong>y<br />

permit polygyny and are not solemnised in terms of <strong>the</strong> Marriage Act 25 of<br />

1961. On page 215 of <strong>the</strong> prescribed textbook you will see that <strong>the</strong>se are<br />

also <strong>the</strong> reasons why Muslim marriages are not yet fully recognised. This is<br />

<strong>the</strong> only information under <strong>the</strong> heading ``17.1 Introduction'' on page 215<br />

of <strong>the</strong> textbook that you have <strong>to</strong> know.<br />

ACTIVITY<br />

Why are Muslim marriages not yet fully recognised? Give a very brief<br />

answer.<br />

FEEDBACK<br />

Above in this <strong>study</strong> unit you learned that <strong>the</strong>re are two reasons why<br />

Muslim marriages are not fully recognised. They are that Muslim<br />

marriages permit polygyny and are not solemnised in terms of <strong>the</strong><br />

Marriage Act.

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