Prof Dr Waheeda Amien

Waheeda Amien (BA LLB (Cape Town) LLM (Western Cape) PhD (Ghent)) is a Professor of Legal Pluralism, Religious Family Laws, and Human Rights in the Faculty of Law at the University of Cape Town. She is also currently an Acting Judge in the Gauteng Division of the High Court (Pretoria) until 20 September 2024. Waheeda is further a Member of the South African Law Reform Commission’s Advisory Committee on the Review of Aspects of Matrimonial Property Law. And she is a Member of the Executive Body of the International Commission on Legal Pluralism and the Steering Committee of the International Network of Scholars Researching Unofficial Marriages. Waheeda’s work was used extensively in the case of Women’s Legal Centre Trust v President of the Republic of South Africa 2022 (5) SA 323 (CC). One of the primary claims of the Women’s Legal Centre Trust was based on Waheeda’s argument that Muslim marriages should not only be recognised but also regulated by the state. Consequently, the Constitutional Court ordered among others, the enactment of new legislation or the amendment of existing legislation to recognise and regulate the consequences of Muslim marriages. Waheeda teaches and supervises masters’ and doctoral students and publishes prolifically in her areas of specialisations. She has provided expert opinions to a range of local and international entities including among others, the United Nations Expert on Minority Issues, the South African Presidency, and the South African Commission on Gender Equality.