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Implications of the official designation of Muslim clergy as authorized civil marriage officers for Muslims polygynous interfaith and same sex marriage in South Africa
(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 ...
An argument for foetal protection within a framework of legal abortion in South Africa
(International Centre of Medicine and Law, 2016)
Termination of pregnancy (abortion) and foetal protection remain a challenging topic in South Africa where abortion is legalised and largely decriminalised. As a general rule, an unborn (nasciturus) does not have legal ...
Decriminalising abortion in South Africa: implications for the unborn's right to life
(University of the Western Cape, 2016)
The 1975 Abortion and Sterilisation Act (ASA) was the first statute to regulate abortion in South Africa. The ASA provided that abortion was illegal. Although the default legal position adopted by it appeared to be clearly ...
Islamic state practices in the framework of Islamic and international human rights instruments
(Electronic Publishing, 2016)
The main purpose of this article is to provide an analytical perspective of essentially four current Islamic human rights instruments adopted under the protection of two different, parallel 'Arab' and 'Islamic' organisations, ...
An analysis of professor Lourens du Plessis’ early (pro-life) and later (prochoice) perspectives on abortion
(Nelson Mandela University, 2016)
Abortion, or termination of pregnancy, albeit in gradations from most to less
restrictive to unrestricted, has always been legally allowed in South Africa. This
questions the need for the introduction of new law. ...
The future of African customary law
(Elsevier, 2012)
It s intended to promote discussion and understanding of customary law and
to explore its continued relevance in sub-Saharan Africa…[It] considers the
characteristics of customary law and efforts to ascertain and codify ...
An overview of post-divorce support for muslim children in the context of South African Law, Islamic Law and the proposed 2010 Muslim Marriages Bill
(International Assossiation of IT Laywers, 2012)
After 350 years of non-recognition, and following a
protracted procedure, Muslim religious marriages and divorces are
currently in the process of being directly and formally recognised in terms
of South African law. A ...
South Africa
(ASSER Press, 2017)
This chapter on South Africa critically analyses the evolution of the concept of the best interests of the child, and specifically how it pertains to the fields of care (custody), contact (access), guardianship and maintenance ...
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
(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 ...
Dissolution of a muslim marriage by divorce
(Juta, 2014)
Although Muslims first arrived in South Africa more than 350 years ago and two decades have passed since the advent of democracy, their religious marriages are currently not formally recognized in terms of the (common) ...