Muslim Marriage Community Of Property

As far as the division of property goes a hindu woman is the joint co owner of her husband s residential property even if the property is not in her name.

Muslim marriage community of property. In modern times the marriage contract is signed in the presence of an islamic judge imam or trusted community elder who is familiar with islamic law. Upon divorce she is entitled to get the 50. Marriage in islam is what controls the right to inheritance the legal status of the marriage under state law is irrelevant for islamic purposes. In addition a marriage officer may not marry any person who is already in another marriage even if that marriage is not registered in terms of the marriage act.

Personal laws of any community cannot claim supremacy over the rights granted to individuals by the constitution the court said. Muslim marriages are seen to be marriages out of community excluding the accrual system. Instead muslim marriages are deemed to be marriages out of community of property excluding the accrual system. There are three types of marriages i e.

All these types of marriages do not allow for polygynous though the courts have removed some of the unconstitutional consequences against muslim women on a piecemeal and limited basis the default position remains one of exclusion and marginalisation. As a result the methods utilized in the islamic world to help protect women upon divorce can be voided by construing an islamic marriage contract as being a type of prenuptial agreement. A muslim marriage is the same as a civil union in terms of the marriage act. This means that the marriage will be in community of property unless the spouses entered into an antenuptial agreement excluding the community of property regime with or without accrual.

It is important to note however that this does not mean all muslim marriages are now valid. The process of signing the contract is usually a private affair involving only the immediate families of the bride and groom. In terms of muslim law the system of community of property is not recognised as the default principle as it is in civil law. What this basically means is that at the time of dissolution of the marriage the principle which applies is that of what is yours is yours and what is mine is mine.

In community of property out of community of property or out of community with accrual. In islam marriage is considered both a social agreement and a legal contract.