Marriage is a union between two people which makes them become recognized as husband and wife. The Muslim Marriages Bill, as well as the Recognition of Customary Marriages Act lay out the essential requirements spouses have to comply with for their union to be recognized as valid. This essay is to lay out the similarities and differences found on the bill and Act pertaining to the legal requirements of a valid marriage, the contents of the preamble, definition section, and the rest of the provision as well the legal consequences of a divorce.
(a). LEGAL REQUIREMENTS OF A VALID MARRIAGE
According to Botha, an “Act is an enacted parliamentary statute and a Bill is a proposed piece of legislature that has not been passed yet as law”.The Muslim Marriages Bill portrays that consent is one of the requirements for a valid marriage. The spouses must comply with the provisions of section 5(1) of the bill which states that, “the prospective spouses must both have consented to be married to each other”. This indicates that the marriage must not be as a result of undue influence or duress but both parties must have entered into it willingly. This is similar to the legal requirements for a valid customary marriage found in the Recognition of Customary Marriages Act. S 3(1) states that “the prospective spouses must both consent to be married to each other”. This shows that consent is a prerequisite and of peremptory provision for a legal marriage.
Another legal requirement for a valid marriage found in the Bill and Act is that of age. The Muslim Marriages Bill portrays that “the prospective bride and groom must, subject to subsections 4 and 5, have been 18 years or older”. This is also similar to the Act which states that “the prospective spouses must be both above the age of 18”. This therefore indicates that it is of paramount importance for parties entering into the marriage to be above 18years of age. Both of them also solve issues of minor spouses thus giving guidelines...