Introduction and Background

Abstract

This chapter delves into the intricate landscape of legal pluralism in the context of South Africa, focusing on the experiences of Muslim women in the Western Cape. With roots tracing back to colonial and apartheid histories, the pluri-legal system in South Africa has evolved, intersecting various legal frameworks. The study scrutinises the impact of legal pluralism on Muslim women’s access to marital rights and justice, particularly within the ambit of Muslim Personal Law (MPL). Through an interdisciplinary lens encompassing political science, sociology, and law, the research explores how legal pluralism intersects with the lives of Muslim women. The study employs qualitative methodologies, including in-depth, semi-structured, expert and focus group interviews, to unearth lived experiences. The narrative unfolds against the historical backdrop of South Africa’s legal evolution, from colonial amalgamation to the post-apartheid era. While advancements have been made, the study argues that the non-recognition of Muslim marriages under civil law perpetuates gender inequality, violating civil and citizenship rights. The proposed Muslim Marriages Bill emerges as a contested terrain, reflecting the diversity within the Muslim community.