Muslim woman sees eviction case dismissed

Johannesburg - A woman married and divorced under Islamic law can stay in her marital home after her ex-husband's eviction application was dismissed by the Goodwood Magistrate's Court, the Women's Legal Centre (WLC) said on Friday.

The home that Adnaan and Gadija Isaacs shared during their 13-year Islamic marriage was only registered in Adnaan's name, the WLC said in a statement.

No marital property existed between the two due to Islamic marriages not being legally recognised, with the home registered in Adnaan's name.

"In the application heard on 24 July 2014, the applicant [Adnaan] sought to evict his ex-wife as an unlawful occupier in terms of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998," the WLC said.

"He sought to evict her from the home, whereby she would be separated from their two children born of the marriage, so that he could move in with his new wife."

The WLC felt obligated to assist Gadija as its main purpose was to advance women's rights and interests through strategic litigation and advocacy.

It challenged the right of ownership of the marital home, which matrimonial property regime applied, and the fact the marital home was bought with proceeds from another home granted to them by the City of Cape Town where Gadija was the joint applicant.

The WLC raised the interests of the two minor children where Gadija had been the primary caregiver during the marriage and after the divorce, and the constitutionality of Islamic marriages not being legally recognised.

This was within the context that legislation was pending regulating Islamic marriages.

The court acknowledged there were very important matters yet to be decided beyond its remit, such as the non-recognition of Islamic marriages, the consequences of divorce according to Islamic rites, and the custody of minor children.

It considered that Gadija was a mother heading her household by herself, the interests of the children, the discrimination she faced in obtaining joint ownership of the couple's first marital home, and the consequences of divorce according to Islamic rites being unfair.

As such, it would not be just and equitable for Gadija to be evicted from the property, and she was allowed to continue living on the property with her children.

The ruling was made on Thursday.

Read more on: cape town religion
June Francis 2014-08-29 02:20:17 PM
Justice is finally served for the downtrodden and the oppressed. Well done.
Johnno 2014-08-29 02:32:09 PM
Awesome, well done for the mother!
Valerie Widmann 2014-08-29 03:13:37 PM
This makes me even more proudly South African. Great to see justice being dispensed!
Muhammed Khan 2014-08-29 03:15:25 PM
I have no clue what religion "Ayatolla" is talking about, but it is definitely not Islam. I guess this is just a platform for him to spread his bigotted propaganda
Job Jacobs 2014-08-29 03:25:58 PM
to " Ayatollah" Go find the nearest bathroom, look in the mirror and " Toss"
Azana Booi 2014-08-29 03:43:28 PM
Why do these people get married?
Mahomed Ally 2014-08-29 03:57:56 PM
The right decision was made by the judge. Your ex-wife should be treated better and deserve to stay at that house. Has a man,u should take care of all your responsibility with your ex-wife before getting a second wife.
Enig Ma 2014-08-29 04:03:55 PM
Classic case of tripple Tallaq!
Martin Andersen 2014-08-29 05:35:28 PM
Ayatolla u are a funny person indeed. Are you heathen ? You should brush up on your history dude. Praise Allah that you have a PC and a keyboard to type your messages. It was all invented by Islamic Science. Praise Allah that your have soap and perfume, yes you guessed it, all Islamic Science. Praise Allah you have a hospital to goto when you are ill, yes you guessed again Islamic Science. Praise Allah for the ships that can navigate on the seas, yes again, Islamic Science.
Aaliya 2014-08-29 06:12:34 PM
Hi guys, I am so glad that Gadija's case was won THANK you WLC and thank God that South Africa is a liberal country that respects the rights of all people (Christian, Muslim,Jew,pink, purple or blue)