On 15 April 2026, the Western Cape High Court delivered a landmark judgment in Moollajie v Parker, recognising for the first time that the Islamic obligation of nafaqah (a husband’s duty to maintain his wife) can ground a civil claim for financial reimbursement between divorced Muslim spouses.
Couple was married under Islamic rites
The parties were married according to Islamic rites in August 2020. Due to Parker being under debt review, Moollajie covered most household expenses that ordinarily fall within a husband’s duty of support.
The marriage lasted about a year and ended through an Islamic annulment (faskh). Moollajie claimed R96,780 for expenses incurred. The Wynberg Magistrates’ Court dismissed the claim, treating her contributions as voluntary gifts and excluding Islamic principles from consideration.
Appeal acknowledged legal rights within Muslim marriages
On appeal, the High Court overturned the decision, noting that the Magistrate failed to consider constitutional and legal developments recognising Muslim marriages. The Court awarded the full amount plus costs. While not enforcing Islamic law directly, it used nafaqah as a “normative backdrop” to interpret the parties’ conduct.
It accepted that where a wife covers expenses due to a husband’s inability to fulfil nafaqah, those payments are presumed to be a loan (qard), not a gift, unless repayment is clearly waived. No waiver was proven, and a tacit agreement to reimburse was inferred.
Judgment heralded as significant
This judgment is a significant step toward financial justice. It confirms that a wife’s financial contributions in such circumstances are not merely acts of generosity but may be legally recoverable. It recognises the economic realities many women face and offers important protection after the dissolution of a marriage, enabling women to approach the courts with greater confidence.
Contact a Muslim Marriage and Divorce expert
If you have any questions about your rights in a Muslim marriage or need guidance with matters relating to divorce or maintenance, our experienced Family Law team is here to help. We are committed to protecting your interests and ensuring the best possible outcomes for you and your family.
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