This study explores some major themes in relation to marriage among contemporary Western Muslims. These themes include gendered ideals and expectations of the potential spouse, generational differences, inter-religious marriages for Muslim women, and individual choice and parental authority in mate selection. It re-evaluates the Islamic notion of marital compatibility (kafa’a) and shows how this notion is understood and can be applied to contemporary Western Muslims. Due to little academic research on the problem particularly of unavailable spouses, the study relies primarily on blogs, online discussions of marriage among Muslims, and internet articles on Western Muslim marriages. The dilemma faced by Western Muslims, particularly females, is that there is a lack of compatible available husbands for them. The study finds that, according to marriage-minded women, this unavailability is largely due to traditional expectations of gender roles from potential husbands contrasted against the women’s unconventionally older ages, focus on education and career, and overall understanding of power dynamics in marriage. The study also explores changing methods of mate selection among Western Muslims, which include services offered by Islamic centers, Internet matchmaking, and marriage events—where the average male participant is younger than the average female participant. As the age of marriage-minded females increases, their individual choice is more recognized in their marriage while their options of suitable men decreases significantly. Many of them therefore turn to interfaith marriages, which are not recognized by Islamic law, although some religious authorities across the West them on the basis of necessity. Western Muslim women are in a unique but complicated space where they are struggling to maintain their personal ideals of education and careers and are seeking partners who share these ideals; yet, with the tension between men’s expectations of women and women’s of men during courtship, and the role of family in mate selection, the problem of marriage becomes more complex with the various axes contributing to it. / text

Generally, traditional "marriages" according to Islamic custom are void in South African law because they are potentially polygynous and do not comply with the formalities prescribed by the Marriage Act 25 of 1961 . A valid concern for those who oppose polygyny is that it may enforce and promote gender inequality in that it is practised in patriarchal Muslim societies. The Constitution of the Republic of South Africa Act 108 of 1996 contains numerous provisions aimed at combating gender inequalities, and these could be used to justify the policy of non-recognition. On the other hand, the Constitution has ushered in an era of tolerance and empathy; and the equality and religion clauses could be used to ensure that polygynous marriages are no longer ignored. This study will examine the tensions between Muslim personal law and clauses in the Constitution which have led to calls for the reformation and codification of Muslim personal law. / Private Law / LL. M.

Generally, traditional "marriages" according to Islamic custom are void in South African law because they are potentially polygynous and do not comply with the formalities prescribed by the Marriage Act 25 of 1961 . A valid concern for those who oppose polygyny is that it may enforce and promote gender inequality in that it is practised in patriarchal Muslim societies. The Constitution of the Republic of South Africa Act 108 of 1996 contains numerous provisions aimed at combating gender inequalities, and these could be used to justify the policy of non-recognition. On the other hand, the Constitution has ushered in an era of tolerance and empathy; and the equality and religion clauses could be used to ensure that polygynous marriages are no longer ignored. This study will examine the tensions between Muslim personal law and clauses in the Constitution which have led to calls for the reformation and codification of Muslim personal law. / Private Law / LL. M.