Browsing Research Articles (Faculty of Law) by Author "Abduroaf, Muneer"
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An analysis of the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession : a South African case study
Abduroaf, Muneer (Obiter, 2021)This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South ... -
An analysis of the right of a Muslim spouse to claim pension interest subsequent to divorce: A South African case study
Abduroaf, Muneer (University of Zurich, 2021)Section 37D(1)(d)(i) of the Pension Fund Act 24 of 1956 enables a divorced spouse to claim pension interest from the pension fund organisation of his or her former wife or husband if certain requirements are met. This ... -
An analysis of the right of a muslin child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession: A South African case study
Abduroaf, Muneer (ASSAf, 2021)This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South ... -
An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study
Abduroaf, Muneer (Juta, 2021)This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic ... -
Faskh (divorce) and intestate succession in Islamic and South African law: impact of the watershed judgment in Hassam v Jacobs and the Muslim Marriages Bill
Moosa, Najma; Abduroaf, Muneer (Juta&Company, 2014)This article deals with intestate succession against the background of the complex Islamic legal aspects of faskh and talaq as forms of divorce. It elaborates on the divergent views held by Islamic scholars and explains ... -
Implications of the official designation of Muslim clergy as authorized civil marriage officers for Muslims polygynous interfaith and same sex marriage in South Africa
Moosa, Najma; Abduroaf, Muneer (University of Western Cape, 2017)From 2014 to 2017 some 227 South African Muslim clergy, including three females, graduated as civil marriage officers in terms of the Marriage Act 25 of 1961. Although now vested with dual capacity to perform both Muslim ... -
Muslim Marriage and Divorce in Sri Lanka: Aspects of the relevant jurisprudence
Abduroaf, Muneer; Moosa, Najma (The Center for Islamic and Middle Eastern Legal Studies, 2016)Muslims form 10 per cent of the Sri Lankan population. The country applies a mixed legal system. For many decades Muslim marriages and divorces have been governed by a separate piece of legislation. Courts in Sri Lanka ... -
The new framework planned for the legal recognition and regulation of Muslim marriages in a secular South Africa: From litigation to law reform
Moosa, Najma; Abduroaf, Muneer (Syarif Hidayatullah State Islamic University (UIN) Jakarta, 2022)Muslims, who originate from the East Indies and the Indian subcontinent, have a history in South Africa dating back more than three centuries. Attempts by South African Muslims to have their Muslim marriages (nikāḥs) recognized ... -
The new framework planned for the legal recognition and regulation of Muslim marriages in a secular South Africa: From litigation to law reform
Moosa, Najma; Abduroaf, Muneer (Ahkam Journal, 2022)Muslims, who originate from the East Indies and the Indian subcontinent, have a history in South Africa dating back more than three centuries. Attempts by South African Muslims to have their Muslim marriages (nikāḥs) ...