Hassam v Jacobs NO and Others (CCT 83/08) [2009] ZACC 19 (15 July 2009)

Wills Act 7 of 1953 — constitutionality of section 2C(1) — definition of “surviving spouse” — spouses in polygamous Muslim marriages excluded — unconstitutional

Muslim marriages — non recognition — infringement of rights to dignity, equality, access to courts and principle of best interests of the child

Constitutional invalidity — Divorce Act 70 of 1979 — Marriage Act 25 of 1961 — retrospectivity

Constitutional law – Muslim marriages – whether there is a constitutional obligation on the State to enact legislation recognising Muslim marriages – in the event that a breach of a constitutional obligation has been established, the appropriate remedy to be awarded.