Background

The South African constitution provides for the recognition of systems of religious and customary law - to the extent that these systems are not in conflict with the Constitution. The harmonisation of these legal systems with the South African legal system and with the Constitution is especially delicate in the area of gender equality.

The Gender Project has concentrated on issues of marriage and divorce in Muslim personal law and African customary law.

During 1998, the Project completed research on the implications of Muslim personal law of divorce for South African Muslim women. The research paper, which juxtaposed the provisions of Muslim personal law with the constitutional guarantee of gender equality, is currently being prepared for publication.

During 2000 the Project, assisted by Ms Zil-e-Huma, an intern from the Aurat Foundation in Pakistan, and in association with the Gender Unit at the UWC Legal Aid Clinic, made a submission to the South African Law Commission in response to its Issue Paper on the recognition of Islamic marriages.