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Now showing items 11-15 of 15
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) ...
Parental Care and the Best Interest of the Child in Muslim Countries
(T.M.C. Asser Press The Hague, 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 ...
Muslim Marriage and Divorce in Sri Lanka: Aspects of the relevant jurisprudence
(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 ...
Islamic mode of estate distribution in South Africa
(Jordan Publishing LexisNexis, 2016)
It has been argued by some academics that the Islamic law of intestate succession discriminates against females due to its unequal distribution of shares in favour of males.' The general example used in this regard is when ...