How to Register a Muslim Marriage at Home Affairs South Africa
A Nikah performed by an imam has no legal standing under South African law on its own. For a Muslim marriage to be legally recognised, either the imam must be registered with the Department of Home Affairs (DHA) as a marriage officer under the Marriage Act 25 of 1961, or the couple must separately register the marriage with DHA afterwards. This guide covers how registration works, what documents you need, and what has changed as recently as 2026.
In summary: Since 2014, imams can apply to DHA to become designated marriage officers, and a Nikah they solemnise is registered as a civil marriage under the Marriage Act. Since 2024, DHA has been able to mark a certificate’s “type of marriage” as Muslim, including reprinting older certificates for R20. As of March 2026, Muslim marriage officers no longer need to renew their DHA designation every five years, unlike before. A dedicated law recognising Muslim marriages on their own terms is still pending in Parliament.
Is a Nikah Legally Recognised on Its Own?
No. A religious ceremony alone, whether Nikah, church wedding, or any other faith ceremony, has no legal effect in South Africa unless conducted or followed by civil registration.
There are two ways a Muslim marriage becomes legally valid:
1. Solemnised by a DHA-registered Muslim marriage officer. If the imam performing your Nikah is designated by DHA as a marriage officer under the Marriage Act, the marriage is automatically registered as a civil marriage at the same time. This has been possible since 2014, when the DHA ran a project to train and accredit imams across the country as marriage officers.
2. Registered separately after an unregistered Nikah. If your Nikah was performed by an imam who is not a DHA-registered marriage officer, the marriage has no legal standing until you register it yourselves at a DHA office.
Find a registered imam: DHA publishes an official list of imams it has certified as marriage officers. See the Imams Graduated Through the Department of Home Affairs to check whether a specific imam is currently registered before your Nikah.
Documents Needed to Register
If registering yourselves after the Nikah, bring:
- Muslim marriage certificate issued by the mosque or imam
- South African identity documents or passports of both spouses
- An affidavit signed by both parties confirming the details of the Nikah and the Mahr (dowry)
- South African identity documents or passports of two witnesses who were present at the Nikah, ideally the same two who signed the Muslim marriage certificate
- Any additional documents DHA requests based on your specific circumstances
Submit these together at a DHA office. DHA now allows spouses to complete this registration themselves rather than only through the imam, though a registered imam can still submit it on your behalf.
If your imam is a registered marriage officer, they handle the registration submission to DHA directly as part of solemnising the marriage. Confirm with your imam what documents they need from you before the ceremony.
Marking Your Certificate as a Muslim Marriage
Since 2024, DHA has been able to record the “type of marriage” on a certificate as Muslim. Previously, Muslim marriages registered under the Marriage Act were issued the same generic civil marriage certificate as any other marriage, with no religious designation shown.
If you’re already married and registered, you can request a reprint of your certificate specifying the marriage as Muslim, for a fee of R20.
If you’re registering now, ask whether this designation can be applied at the time of registration.
This change doesn’t affect your marriage’s legal validity. A civil marriage certificate without the Muslim designation is just as legally valid. It’s a recognition and dignity measure, not a requirement.
Property Consequences: In Community of Property by Default
Under South African law, a civil marriage is automatically in community of property unless the couple signs an antenuptial contract (ANC) before the ceremony.
This matters specifically for Muslim couples because Shariah treats spousal property as separate by default, the opposite of the South African civil law default. If you want your marriage to reflect Shariah’s out of community of property position, you need to sign an ANC with a notary before the Nikah and registration take place.
If you didn’t sign an ANC before the ceremony and are now married in community of property under civil law, you cannot simply switch afterward. Changing your matrimonial property regime after marriage requires a court order under Section 21 of the Matrimonial Property Act. Seek legal advice if this applies to you.
Becoming a Registered Muslim Marriage Officer
An imam who wants to become a DHA-registered marriage officer must be proposed by a religious organisation registered with DHA, then sit and pass a DHA examination on the Marriage Act, with a 75% pass mark required.
The March 2026 change: Previously, Muslim marriage officers had to reapply for certification every five years, a requirement that didn’t apply to marriage officers of other faiths. As of March 2026, following a directive from the Minister of Home Affairs, this renewal requirement has been removed. Muslim marriage officers are now certified for an unlimited period, the same as officers from any other religious community.
This doesn’t retroactively invalidate any marriage conducted while the five-year rule was in effect. It only removes the ongoing renewal burden on officers going forward.
What to Watch: Pending Legislation
Two separate pieces of legislation currently before Parliament would affect Muslim marriages further:
The Marriage Bill B43-2023 would consolidate the Marriage Act, the Recognition of Customary Marriages Act, and the Civil Union Act into a single law covering all forms of marriage, including Muslim marriages, if registered with DHA. It has not been promulgated.
The Registration of Muslim Marriages Bill B30-2022 is a more specific bill dealing only with Muslim marriage recognition, registration, and dissolution on its own terms, rather than folding it into the general Marriage Act framework. This bill is also still under parliamentary review.
Until either bill is passed, the current system (registration under the Marriage Act via a designated marriage officer, or separate registration afterward) remains how Muslim marriages are legally recognised in South Africa.
Monitor dha.gov.za and parliament.gov.za for updates.
Frequently Asked Questions
Is our Nikah automatically legal in South Africa? Only if the imam who performed it is a DHA-registered marriage officer. If not, the marriage has no legal standing until you register it separately at a DHA office.
How do we check if our imam is DHA-registered? DHA publishes an official list of certified imams. See the Imams Graduated Through the Department of Home Affairs to confirm before your ceremony.
We got married years ago and our certificate doesn’t say “Muslim.” Can we fix this? Yes. DHA can reprint your certificate to reflect the marriage as Muslim for a fee of R20. This is optional and doesn’t change your marriage’s legal validity.
Will our marriage be in community of property by default? Yes, unless you sign an antenuptial contract with a notary before the Nikah and registration take place. This is the opposite of the default position under Shariah, so many Muslim couples choose to sign an ANC beforehand.
Can we change our matrimonial property regime after the marriage if we didn’t sign an ANC? Not simply. You need a court order under Section 21 of the Matrimonial Property Act. Speak to an attorney if this applies to you.
Does my imam need to renew their DHA registration every few years? Not anymore. As of March 2026, the five-year renewal requirement for Muslim marriage officers was removed, and they’re now certified indefinitely, the same as officers of other faiths.
Is there a law specifically for Muslim marriages, separate from ordinary civil marriage? Not yet. The Registration of Muslim Marriages Bill B30-2022 proposes exactly this, but it hasn’t been passed. Muslim marriages are currently recognised through registration under the general Marriage Act.
Can we register the marriage ourselves, or does it have to go through the imam? DHA now allows spouses to register the marriage themselves at a DHA office. A registered imam can also submit it on your behalf as part of solemnising the marriage.
Contact Details
| DHA Contact Centre | 0800 60 11 90 |
| DHA Email | hacc@dha.gov.za |
| List of registered imams | dha.gov.za official list |
| Appointment booking | services.dha.gov.za |
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