Media
Different Types of Islamic Divorce Available to Muslims
On 24 April 2025, our Director, Fatima Essop, and Holistic Counsellor, Zubeida Ahmed, joined Gadija Ahjum on Radio 786’s Community Pulse to continue the discussion on the emotional challenges spouses experience when navigating divorce
Fatima explained khulʿ—a no-fault divorce initiated by the wife in exchange for compensation to the husband. While historically less common in South Africa, Zubeida noted that more women are now considering this option, based on her experience at the Muslim Judicial Council (MJC). She also addressed the emotional challenges many women face before seeking a faskh (annulment) or
approaching religious bodies for support. For more information on mental health care providers and related resources, please visit our website’s “Resources” section under the “Divorce” tab.
Islamic Divorce and Maintenance Claims in the South African context | Radio 786
On 15 May 2025, our director, Fatima Essop, and Family Law Mediator, Pritima Kassan Osman, joined Gadija Ahjum on Radio 786’s Community Pulse show to discuss maintenance claims for children following divorce.
Fatima explained that while Islamic law places primary responsibility for a child’s maintenance on fathers after divorce, South African law recognises shared parental responsibility. At its core is the principle that “the best interests of the child” must guide all decisions involving children. Drawing on her extensive experience as a former Magistrate and current Family Law Mediator, Pritima provided practical guidance on navigating Maintenance Courts. She highlighted that while legal representation can be helpful, it is not a requirement. Parents with the necessary information and documentation can independently initiate maintenance claims with support from Maintenance Clerks at their local Magistrate’s Court. She also cautioned that parents who repeatedly default on maintenance payments without valid reasons may face criminal charges for failing to meet their children’s financial needs.
The Muslim Family Law Hub: Marriage Contracts | Radio 786
Attached is a video link of our Director, Fatima Essop in discussion with Kaamilah Paulse, Director at Herold Gie Attorneys and Gadija Ahjum, Radio 786 presenter about Muslim marriage contracts and ante-nuptial contracts. Their conversation delved into essential pre-nikāh considerations, exploring the nuances of upfront and deferred mahr (dower), the significance of talāq tafwīd (delegated divorce), and the importance of incorporating mediation clauses before divorce proceedings. Most significantly, they highlighted how these Islamic legal provisions can be seamlessly integrated into ante-nuptial contracts through qualified legal counsel, ensuring both spouses receive comprehensive protection under South African civil law.
Islamic Divorce and its application in the South African context | Radio 786
The Muslim Family Law Hub continues its valuable monthly dialogue with Gadija Ahjum, exploring the nuances of Islamic marriage, divorce, and inheritance laws, and their practical application within South Africa’s legal framework. Attached is a video link of our Director, Fatima Essop in discussion with Kaamilah Paulse, Director at Herold Gie Attorneys and Gadija Ahjum, Radio 786 presenter about the various forms of Islamic divorce, illuminating the significant challenges women often encounter when seeking both Islamic and civil divorces. They examined the troubling concept of a “limping marriage” – a complex situation that arises when a couple married under both Islamic and civil law dissolves their union civilly, yet the husband refuses to grant a talāq or the wife faces obstacles obtaining a faskh. This precarious legal position leaves women divorced according to civil law while their Islamic marriage remains intact – creating an untenable state of limbo that prevents them from remarrying or fully moving forward with their lives.
Webinar on the Divorce Amendment Act No.1 of 2024.
On Wednesday 27 November, the Muslim Family Law Hub hosted a Webinar on the Divorce Amendment Act No.1 of 2024. Kaamilah Paulse, Director of Family and Matrimonial Law Department at Herold Gie Attorneys, joined Fatima Essop in a discussion on how the Act will provide relief to couples who are married according to Islamic rites only and who are seeking divorce.
Khadeeja Bassier, advocates for the newly launched Muslim Family Law Hub
Khadeeja Bassier, co-founder of the Muslim Family Law Hub gave the pre-khutbah at the Claremont Main Road Masjid. She advocated for the newly launched Muslim Family Law Hub (MFLH), emphasizing the Islamic imperative to seek knowledge for empowerment. The talk used a real-life example to highlight how a lack of legal knowledge can harm families, and it introduced the MFLH as a resource to address this. Khadeeja encouraged the congregation to utilise the MFLH website and engage in open conversations about family law to build a more informed and harmonious community.
Empowering Women in Muslim Marriages | Dr Fatima Essop
This podcast features Dr. Fatima Essop, co-founder of the Muslim Family Law Hub. Dr. Essop discusses her career path in law, focusing on social justice and the rights of Muslim women. The podcast highlights the challenges faced by Muslim women in South Africa regarding marriage, divorce, and inheritance under both Islamic and South African law. The Muslim Family Law Hub aims to provide accessible resources and education to empower individuals navigating these legal complexities. The Hub’s website offers a Q&A format and resources to aid in understanding both legal systems. Future plans include workshops and collaborations with community service providers.
The Muslim Family Law Hub featured on Radio 786 Community Pulse
On 24 October, Fatima Essop was interviewed by Gadija Ahjum of Radio 786 on the work of the Hub. In the interview they discussed the social, religious, and cultural challenges Muslim women often face, when negotiating their marriage contracts or when navigating their Islamic divorces.
Launch of the Muslim Family Law Hub
Alhamdulillāh, the Muslim Family Law Hub (the Hub) had its soft launch on 28 September 2024 at the Academia Library, Islamia College, Lansdowne. It was attended by select members of the ulama fraternity, legal profession, mental health care profession, non-profit sector and the media.