- Western Cape High Court ordered a husband to pay R9 200 monthly maintenance and share medical costs with his wife, despite having issued a talaq (Islamic divorce).
- The court ruled that the talaq does not nullify a spouse’s right to maintenance under the Divorce Amendment Act of 2024, which now fully recognises Muslim marriages in South African law.
- The judgment highlights that only a court decree can dissolve a Muslim marriage for legal purposes, ensuring spouses’ financial rights are protected during divorce proceedings.
The Western Cape High Court decided that a husband must keep supporting his estranged wife, even though he gave her a talaq, thus confirming that Muslim marriages are now fully recognised by South African divorce law.
This case was about an elderly couple, both pensioners, who remarried in 2019 under Muslim rites after their earlier marriage ended. In April 2025, the husband gave his wife a written talaq after she moved out to live with her adult son. He claimed that, because of this religious divorce, he no longer needed to support her financially and that her sons should now take care of her according to Islamic tradition.
The wife went to court under Rule 43, asking for R12 000 per month, medical aid coverage, and help with her legal costs while their civil divorce is still ongoing. She said she had no income except her government pension and needed money for ongoing treatment for hyperthyroidism.
Ruling on medical aid and maintenance
Judge M Pangarker dismissed the husband’s claim that the divorce case was “moot” because of the talaq. Citing the 2024 Divorce Amendment Act, the court stressed that Muslim marriages must be dissolved by a court decree, even if they were already ended in terms of Islamic principles. “The fact that a talaqwas issued after the institution of the divorce action does not render such action either inappropriate or moot,” the judge said.
After looking at the couple’s finances, the court decided the wife needed R9 200 per month. The court also said she should stay on her husband’s medical aid, and they should split any extra medical costs equally. The decision took into account both the wife’s pension and the husband’s retirement savings and expenses.
The Divorce Amendment Act of 2024 now fully recognises Muslim marriages. This means spouses in these marriages can claim maintenance, medical support, and property rights, just like in civil marriages.
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