Muslim wife wins Nafaqah court fight to reclaim R96k from ex

A Cape Town woman who carried the financial burden of her Muslim marriage has won a High Court battle forcing her ex-husband to repay nearly R100 000. During their marriage, the woman, who is an attorney, covered most of the household expenses as her husband was under debt review and financially strained. For a year, she paid the rent, bought groceries, covered medical costs, and when the marriage ended, she was left out of pocket.

The Western Cape High Court has ruled that she must be paid back. In a judgment delivered this week, Judge Mas-udah Pangarker and Acting Judge Igshaan Higgins ordered the man to repay R96 780, rejecting his claim that the money was simply a gift. The couple had married under Islamic rites in August 2020, but the relationship broke down within a year and was dissolved through an Islamic annulment.

The woman approached the Wynberg Magistrate’s Court after the marriage ended in August 2021, seeking to recover more than R150 000 she had spent on household and personal expenses. However, her claim was dismissed in September 2024, with the magistrate finding that Islamic principles such as Nafaqah had “no place in South African law”. On appeal, the High Court found this approach to be wrong. “The magistrate adopted a strictly civil law outlook whereby she rejected the appellant’s case based on Nafaqah as it had no place in South African law,” the judges said.