Waheeda Amien argues that while recognising polygyny – the practice entitling a man to more than one spouse – respects cultural and religious rights, this is done to the detriment of individual rights. Not only does polygyny discriminate against women in African and Muslim communities in equality terms, but wives, children and husbands are financially and emotionally affected. Amien, however, does not necessarily advocate monogamy, rather she holds that the aim should be ‘to work toward an egalitarian society where intimate and family relationships are based on an understanding of substantive equality for all involved.’

Muslim marriages have no legal recognition in South Africa, writes Waheeda Amien, but the use of written marriage contracts – the terms of which are enforceable in a secular court – offers a form of protection for parties, both within marriage and upon divorce.