Abstract
On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married in terms of the Islamic law only. The reason for this is due to the fact that Muslim marriages are currently not recognised as valid marriages in terms of South African law. The courts have stated that the non-recognition of Islamic marriages is based on the fact that such marriages are potentially polygamous.
 In South Africa, marriages may be dissolved by the death of one of the spouses or by divorce. In terms of the Divorce Act, a decree of divorce will be granted by a court of law. 
 Islam grants the husband the right of divorce and also grants the wife the right to request and apply to dissolve the marriage through what is known as Khula, the woman also has the right to a delegated divorce. If the husband dissolves the marriage by divorcing his wife, he cannot retrieve any of the gifts he has given her. Islam further makes provision for the "reasonable maintenance" of divorced women. 
 The non-recognition of Islamic marriages has the effect that a person married in terms of Shari'ah only, has no right to approach a court of law for a decree of divorce and, unless a husband divorces his wife in terms of the Shari'ah, the wife is trapped in a marriage, even if the marriage has broken down irretrievably. Thus a custom in South Africa has developed, whereby Muslim husbands refuse to divorce their wives in terms of Islamic law, so as to punish the wife. The wife in turn cannot make use of the South African 
 judiciary to obtain a divorce, because of the non-recognition of her marriage. This is a burden, which is in direct conflict with Islamic law. 
 In 2000 a Bill was drafted by the South African Law Commission. This act will recognise Islamic family law within a constitutional framework. This article deals with the dilemma that a Muslim woman is faced with in South Africa with regards to divorce.
Highlights
Even though a number of years have passed under the new dispensation and despite various endeavours on the part of the Muslim communities to seek legal recognition of aspects of the Islamic family law, no legal recognition has as yet been granted.[4]
More often than not, such queries are posed by women who are married in terms of Shari'ah only. Such women are prejudiced by the non-recognition of their Islamic marriage, due to the fact that they are unable to institute any action in a South African court of law for the dissolution of their marriage, and neither can they claim any maintenance from their spouse during the period in which they remain to be solely within the Islamic marriage
B) She could not and will not be able to enter into another marriage contract with any other person unless and until the existing marriage is dissolved in terms of Islamic law and completed her iddah period.[38] c) She is not and presently does not enjoy any protection from the South African legal system with regards to obtaining an Islamic divorce; even though her fundamental rights have been and still are being infringed upon
Summary
In 2000 a bill was drafted by the South African Law Reform Commission.[40]. This legislation recognises the urgent and imperative need to redress inequalities and hardships faced by South African Muslims as a result of the non-recognition of Islamic family law. This act will recognise Islamic family law within a constitutional framework.[41]
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