Institutional Development

Institutional Development - Interview with Nathan Adams - 1 Apr 2025 

Nathan Adams

Writer

University of the Western Cape

Institutional Advancement

t. (021) 959 4225

TOPIC OF DISCUSSION - "Rule 43 and Talaaq: Bridging the Legal Divide in Divorce Proceedings for Muslim Couples" 

From: Kouthar Sambo <koutharS@vocfm.co.za>

Date: Fri, Apr 11, 2025 at 10:44 AM

Subject: REQUEST FOR AN INTERVIEW ON THE PM DRIVE SHOW AT 17.40 TODAY 

The following are the relevant details for the interview: Voice of the Cape radio station (VoCFM)

• Time: 17h40

• Duration: 10 mins

• Show: Pm Drive show (one of our peak shows)

• Show host: Junaid Chafeker

• Producer and journalist: Myself, Kouthar Sambo

The following are some of the talking points you can expect coming up:

• According to the scenario detailing the legal case, which took place in Gauteng, the applicant contended in court papers that she was entitled to interim maintenance and legal costs while divorce proceedings were ongoing despite a Talaq. Could you explain how the applicant was eligible to claim relief as a "spouse" under Rule 43 of the Divorce Amendment Act.

• Explain that a Rule 43 interim application is an application

• Using the Gauteng case as a baseline, could you explain in terms of Shariah law how this allows for the female to claim (in simple terms)

• What are some of the gaps you feel need to be bridged in Islamic law and the country’s law when it comes to divorce and splitting of assets

• Last words: stress how Islam elevates women and is not unjust to women in Islam

Many thanks,

Kind Regards