Section 183: Right to Muslim personal law—The plaintiffs claimed a constitutional

183. Right to Muslim personal law—The plaintiffs claimed a constitutional right to be governed solely by Muslim personal law with regard to marriage, divorce and devolution of property. The plaintiffs relied on the grounds that (i) it was understood from the Constitutional Conference of 1965 that the [Issue 1] CON – 214 Revised Laws of Mauritius proposed code of Muslim personal law would be excluded from the guarantee against discrimination, and (ii) sections 3 and 11 of the Constitution guaranteed religious freedom and therefore entitled the plaintiffs to the benefit of Muslim personal law. The plaintiffs also sought a declaration that the Civil Status (Amendment) Act 1987 was unconstitutional. HELD a footnote to the reports of the Constitutional Conference is of no legal value compared to the express provisions of the Constitution. Neither section 3 nor section 11 can be relied upon as authority for the proposition that the enactment of personal laws is essential for the enjoyment of religious freedom. The Civil Status (Amendment) Act 1987 is not unconstitutional. Bhewa v Government of Mauritius (1990).