LAWYER ZEHIR’S COMMENTS ON THE OFFENSIVE MARRIAGE BILL

17 August 2023 articles PO Box 3393, Port Elizabeth, 6056 South Africa THé TALLIS Email: muftis@themajlis.co.za The Majlis 29 Muharram 1445 - 17 August 2023 LAWYER ZEHIR'S COMMENTS ON THE OFFENSIVE MARRIAGE BILL Zehir Omar ATTORNEYS / GQWETHA Crt. 7th Street 8. 7th Avenue, Springs 1559 • P.Dooe234pming - 1S (05-C020. Fcx (011) 362-5568. Your Ref.: Our Ref.: PERSONAL FILE 14 AUGUST 2023 PEACE BE UPON YOU AND ALLAH'S MERCY AND BLESSINGS Dear Sir RE: MARRIAGES BILL NO 48914 1. The telephonic discussion with our Mr Omar refers. 2. We are pleased to inform you that there is no reference in the Marriages Bill No 48914 to MUSLIMS/ISL/M. 3. Ammaar cannot be found guilty of having contravened Section 22 (8) upon him, not being a MARRIAGE OFFICER solemnizing a NIKAH between Haroon and Fatima. 4. The reason for this is the following- Nikah is not a MARRIAGE as define in Section 1 of the Marriages Bill No 48914. The closest it may be suggested that a NIKAH comes to a marriage as defined in the Bill:- Page 1 Zehir Omar BALLB. (UC.n) "A marriage to mean... subsisting monogamous or polygamous marriage concluded before or after commencement of this act. 5. A marriage is defined to be a marriage between two persons ie. a man and a man and woman and a woman may solemnize a marriage. A NIKAH prohibits a union between a man and a man and woman and a woman. A NIKAH is restricted between a man and woman. 6. A marriage may only be solemnized between two people of the age of 18 or more. A NIKAH can be solemnized between a man and woman who have reached the age of puberty. A man and women who have reached the age of 14 years for example may solemnize a NIKAH. 7. Monogamy is define as a := "A relationsbip with only one partner at a time rather than multiple partners." 8. A NIKAH contemplates a union between a man with up to 4 women ie wives. 9. Polygamy is defined as:- "haning more than one wife or busband at the same time. " 10. NIKAH does not permit a woman having more than 1 husband. 11. Under the circumstances, it can never be said that solemnizing NIKAH is solemnizing a marriage that is prohibited by Section 22(8) of the Marriage Bill No 48914. Yours Faithfully ZEHIR OMAR ATTORNEYS On Page2