⚠ Important: These Terms are pending formal legal review. They constitute SAMNET's current best-effort policy. A qualified South African attorney review is in progress. Contact info@nikahregister.co.za with any queries.
Contents
1. Acceptance of Terms
By accessing or using NikahRegister.co.za (the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
For registered users (mosque administrators, imams, and all system account holders), acceptance is required by ticking the acceptance checkbox at login or registration. Your continued use of the Service after any changes to these Terms constitutes acceptance of the revised Terms.
These Terms apply to all users of the Service, including mosque administrators, officiating imams, verification users, and any other person accessing the Service.
2. Nature of This Service
NikahRegister.co.za is an online Islamic community marriage registration and verification database operated by SAMNET (South African Muslim Network) and/or the National Nikah Register NPO (when established), a community organisation based in South Africa.
The Service allows registered Masaajid to digitally record Nikah (Muslim marriage) ceremonies, generate verifiable reference numbers, and provide authorised parties with verification of registered marriages.
Mohamed Kharwa | info@nikahregister.co.za | info@samnet.co.za | 084 333 3979
3. Islamic Community Record Only — Not Civil Registration
CRITICAL NOTICE: Records on NikahRegister.co.za are Islamic community records ONLY. They do NOT constitute civil marriage registration with the Department of Home Affairs of South Africa, and do not automatically create, replace, or substitute civil law rights or obligations.
You expressly acknowledge and agree that:
- A Nikah registered on this system is not the same as a civil marriage registered with the Department of Home Affairs.
- This system does not replace, supplement, or interact with South African civil marriage registration under the Marriage Act 25 of 1961.
- SAMNET makes no representation that records on this system will be accepted by any court, government department, insurance company, pension fund, or other institution as proof of civil marriage.
- For full civil law recognition and protection (including inheritance, pension, and divorce rights), couples should also register their Nikah as a civil marriage with a registered marriage officer and the Department of Home Affairs.
- Following the Divorce Act amendment of 2024, Muslim marriages may have civil law recognition in certain circumstances, but this does not mean this register fulfils civil registration requirements.
SAMNET strongly recommends that all couples register their Nikah as a civil marriage through the Department of Home Affairs in addition to using this system, for full legal protection under South African law.
3.1 Scope of This Register — Ahlus-Sunnah wa'l-Jama'ah
This Service is provided exclusively for the registration of Nikah (Islamic marriage) ceremonies conducted in accordance with the tenets of Ahlus-Sunnah wa'l-Jama'ah (Sunni Islam), as understood and applied by the recognised Ulama bodies affiliated with this system. Only ceremonies that conform to these tenets, as determined by the affiliated Ulama bodies, may be registered through this Service. SAMNET does not register ceremonies that fall outside this scope.
This restriction is a religious requirement inherent to the nature and purpose of this register. It is not a comment on any party's civil law rights or status under South African law, which are governed exclusively by South African civil legislation and are unaffected by the scope of this register.
4. Who May Use This Service
4.1 Registered Mosque Administrators and Imams
Only mosque administrators and imams who have been issued system credentials by SAMNET may register Nikah records. Credentials are issued to Masaajid affiliated with a recognised Ulama body.
4.2 Verification Users
Any person with a registered account may submit Nikah verification requests. Account registration requires SAMNET approval.
4.3 Age Requirement
You must be 18 years of age or older to use this Service or to have your information registered on this Service. By using this Service, you confirm that you are 18 years of age or older.
4.4 Geographic Scope
The Service is designed for use by Masaajid and Muslim community members in South Africa. SAMNET makes no representation that the Service is appropriate or available for use in other jurisdictions.
5. User Obligations and Accuracy of Information
By using the Service, you agree that:
- All information you submit is accurate, complete, and truthful to the best of your knowledge.
- You will not submit information about any person without their knowledge and consent.
- You will notify SAMNET immediately if you become aware of any error, omission, or inaccuracy in a submitted record.
- You will not register a Nikah that did not actually take place.
- You will not falsify, alter, or misrepresent any information in the system.
- You will update your account information if it changes.
Submitting false or misleading information may constitute fraud under South African law (Common Law fraud, Prevention of Organised Crime Act 121 of 1998) and may result in criminal prosecution. SAMNET reserves the right to report suspected fraud to the South African Police Service.
6. POPIA — Consent and Data Processing
By using this Service, you acknowledge that SAMNET and/or the National Nikah Register NPO (when established) collects, processes, and stores personal information (as defined in the Protection of Personal Information Act 4 of 2013 — "POPIA") about you and the parties whose details you submit.
6.1 What We Collect
- Full names, SA ID numbers, and passport numbers of brides, grooms, parents, witnesses, Walis/Wakeels, and Imams
- Contact details (phone, email) where provided
- Date, time, and location of Nikah ceremonies
- Mahr amounts (stored encrypted — admin access only)
- Uploaded Nikah certificate documents
- Login credentials (passwords stored as bcrypt hash — never in plain text)
- Verification request details (IP address, timestamp, reference number queried)
6.2 Why We Collect It
Personal information is collected for the following specific purposes:
- Recording Islamic marriages in the SAMNET community register
- Generating verifiable reference numbers for Nikah certificates
- Enabling authorised verification of marriage records
- Generating anonymised statistical reports on Muslim marriages in South Africa
- Communicating with registered mosque users about their accounts
6.3 Lawful Basis
Processing is conducted on the basis of legitimate interest (community record-keeping) and, where required, the express consent of data subjects. Mosque administrators confirm at the time of registration that they have obtained the consent of all parties whose information is submitted.
6.4 Data Retention
SAMNET and/or the National Nikah Register NPO (when established) retains personal information only for as long as is necessary for the purpose for which it was collected, in accordance with POPIA s.14. Records are not retained indefinitely. The following retention periods apply:
- Active Nikah records: For the duration of the marriage, plus 15 years following termination (divorce or death of a party)
- Terminated marriage records: 10 years from date of termination
- Incomplete draft records not activated within 90 days: Automatically deleted at 90 days
- Audit logs: 7 years
- Verification request logs: 3 years
- User account records: Duration of account plus 2 years after deactivation
On expiry of the applicable retention period, records will be archived for historical and research records; personal identifiers anonymised on request. Data subjects may also request early deletion or anonymisation — see Section 7.
Please read our full Privacy Policy for complete details of how we handle your personal information.
7. Opt-Out and Data Subject Rights
Under POPIA, you have the following rights regarding your personal information held by SAMNET and/or the National Nikah Register NPO (when established):
- Right of Access (s.23): Request a copy of the personal information we hold about you.
- Right to Correction (s.24): Request correction of inaccurate, incomplete, or outdated information.
- Right to Deletion: Request deletion of your personal information. SAMNET will conduct a legitimate interest assessment. Where a compelling legitimate interest cannot be demonstrated, deletion will be completed within 30 days.
- Right to Anonymisation / Archiving: Where full deletion is not possible, request that your identifying information be removed and only anonymised statistical data retained, or that your record be archived and removed from active access.
- Right to Object (s.11(3)): Object to processing where SAMNET relies on legitimate interest as the lawful basis.
- Right to Complaint (s.74): Lodge a complaint with the Information Regulator of South Africa at www.inforegulator.org.za.
To exercise any of these rights, submit a written request to our Information Officer:
SAMNET Information Officer — Mohamed Kharwa
Email: info@nikahregister.co.za
Phone: 084 333 3979
We will acknowledge your request within 5 business days and respond substantively within 30 days. For formal access to information requests under PAIA, refer to our PAIA Manual.
8. Reservation of Rights and Discretion
SAMNET and/or the National Nikah Register NPO (when established) reserves the right to accept or reject any application, submission, registration, or request made through this Service at its sole and absolute discretion, without being obliged to provide any reason or justification.
Without limiting the generality of the above, SAMNET and/or the National Nikah Register NPO (when established) may:
- Decline to register any Nikah or process any submission at its discretion
- Revoke any registration, reference number, or record already issued, where SAMNET determines this is necessary or appropriate
- Revoke or suspend access to the Service for any user, mosque, or organisation at any time and without notice
- Refuse to process any verification request without providing a reason
- Remove, archive, or quarantine any record that SAMNET determines to be fraudulent, inaccurate, or in breach of these Terms
The exercise of these rights by SAMNET does not constitute a breach of these Terms or give rise to any claim against SAMNET. Use of this Service is a privilege, not a right, and SAMNET's decisions in the exercise of its discretion are final.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY SOUTH AFRICAN LAW, SAMNET'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED R1,000 (ONE THOUSAND RAND).
SAMNET is not liable for:
- Any loss, damage, or harm arising from reliance on records in this system by you or any third party
- Errors, omissions, or inaccuracies in records entered by mosque administrators or imams
- Any third party's refusal to accept a NikahRegister record as proof of marriage or other fact
- Loss of data resulting from technical failures, hosting outages, or force majeure events
- Any consequential, indirect, or special damages arising from use of or inability to use the Service
- Any actions taken by you or others in reliance on information provided by this system
- Any loss arising from unauthorised access to your account due to your failure to maintain password security
Nothing in these Terms excludes or limits SAMNET's liability for fraud or wilful misconduct, or any liability that cannot be excluded under South African law.
10. Use at Own Risk
The Service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied.
SAMNET does not warrant that:
- The Service will be available at all times or will be uninterrupted
- The Service will be error-free or free of viruses or other harmful components
- The information on the Service is accurate, complete, or current
- Any errors in the Service will be corrected
- The Service will meet your specific requirements
You access and use the Service entirely at your own risk. You are responsible for implementing adequate precautions to protect your devices and data.
11. Authorised Use Only
The Service may only be used for the purpose of registering and verifying Nikah records in the SAMNET system. The following are expressly prohibited:
- Using the Service for any unlawful purpose
- Attempting to gain unauthorised access to any part of the Service
- Scraping, harvesting, or automated downloading of any data from the Service
- Using the Service to register false, fraudulent, or non-existent marriages
- Sharing your login credentials with any other person
- Attempting to interfere with or disrupt the Service
- Using the Service to collect personal information for purposes other than Nikah registration
- Reverse engineering, decompiling, or disassembling any part of the Service
Unauthorised access to, or interference with, computer systems is a criminal offence under the Cybercrimes Act 19 of 2020. SAMNET will report any suspected cybercrime to the South African Police Service within 72 hours of becoming aware of it.
12. Intellectual Property
All content, design, code, logos, and materials on NikahRegister.co.za are the intellectual property of SAMNET or its licensors. No part of the Service may be:
- Reproduced, copied, or duplicated without SAMNET's prior written consent
- Distributed, published, or broadcast without SAMNET's prior written consent
- Used for commercial purposes without SAMNET's prior written consent
- Modified, adapted, or derived from without SAMNET's prior written consent
The Quranic verses and Hadith quoted on this site are Islamic public religious texts. Source attributions link to quran.com and sunnah.com respectively.
13. Account Security
You are responsible for maintaining the confidentiality of your login credentials. You agree to:
- Keep your password confidential and not share it with any person
- Use a strong password of at least 10 characters
- Notify SAMNET immediately if you suspect unauthorised access to your account
- Ensure you log out of your account at the end of each session
- Not access the Service from unsecured public computers or networks
SAMNET is not responsible for any loss or damage arising from your failure to maintain account security.
14. Service Availability
SAMNET does not guarantee that the Service will be available at any particular time. The Service may be suspended or terminated for maintenance, upgrades, or any other reason at SAMNET's discretion. SAMNET will endeavour to provide advance notice of planned downtime where possible.
In maintenance mode, non-administrator users will see a maintenance notice. This does not constitute a breach of these Terms.
15. Termination of Access
SAMNET reserves the right to suspend or terminate your access to the Service at any time, with or without notice, if:
- You breach any provision of these Terms
- SAMNET reasonably suspects fraudulent, abusive, or illegal activity
- Your mosque's affiliation with a recognised Ulama body is withdrawn
- SAMNET decides to discontinue the Service
- SAMNET exercises its discretion as described in Section 8
Termination of your access does not automatically result in deletion of records already submitted. Records are subject to the data retention schedule in Section 6.4 and the Privacy Policy.
16. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the South African courts.
Both parties consent to the jurisdiction of the Magistrate's Court or High Court of South Africa having jurisdiction over the dispute, at SAMNET's election.
17. Changes to These Terms
SAMNET reserves the right to modify these Terms at any time. Where changes are material, we will provide at least 14 days' notice by:
- Displaying a notice on the login page
- Sending an email to registered users (if an email address is on record)
Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. The current version and date of these Terms is displayed at the top of this page.
18. PAIA — Promotion of Access to Information Act
SAMNET and/or the National Nikah Register NPO (when established), as a private body, is subject to the Promotion of Access to Information Act 2 of 2000 (PAIA). Any person wishing to formally request access to records held by SAMNET and/or the National Nikah Register NPO (when established) may do so in accordance with the procedure set out in our PAIA Manual.
Our PAIA Manual is available at: NikahRegister.co.za/public/paia.php
Requests under PAIA must be submitted in writing to the Information Officer using the prescribed Form C (available from the Information Regulator's website). SAMNET will respond to PAIA requests within 30 days, subject to any permissible extensions under the Act.
19. Contact
For any queries, complaints, or requests relating to these Terms:
SAMNET — South African Muslim Network
Attn: Mohamed Kharwa (Information Officer)
Email: info@nikahregister.co.za
Alt Email: info@samnet.co.za
Phone: 084 333 3979
Information Regulator of South Africa (POPIA / PAIA complaints):
Website: www.inforegulator.org.za
Phone: 010 023 5207