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Shari'a in South Africa
(Aboriginal Law Bulletin, 1995)
Muslim Personal Law (MPL) is often practised to the detriment of Muslim women in many countries. The Qur'an is a religious text considered by Muslims to be the literal word of God. It is a primary source of Islamic law and ...
South Africa: Surfing towards centralisation on the Covid-19 wave
(Routledge, 2021)
When the Covid-19 pandemic reached its shores between February and March
2020, South Africa was already in a vulnerable situation – socially, economically,
and politically. Although the country’s population, estimated ...
A comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implication for the Muslim woman
(The University of the Western Cape, 1991)
As a Muslim south African trained in South African Roman-Dutch law, I have been exposed to experiences/situations which indicate a conflict between the principles of South African Roman-Dutch law and Islamic law of succession. ...
The new framework planned for the legal recognition and regulation of Muslim marriages in a secular South Africa: From litigation to law reform
(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 ...
South Africa: Indian Law
(Oxford University Press, 2009)
The South African legal system comprises common law (Roman-Dutch and English law developed through case law) legislation and (mainly African) customary law with elements of Muslim, Hindu, Jewish and Zoroastrian (Parsi) ...
Grappling with the scourge of money laundering during the Covid-19 pandemic in South Africa
(University of the Western Cape, 2022)
The deadly COVID-19 pandemic has unfortunately presented new opportunities for perpetrators to exploit. As such, hefty amounts of economic crimes such as money laundering and money laundering threats were committed from ...
The symbiosis between the criminalisation of sex work and corrupt policing in sex work in South Africa
(University of the Western Cape, 2022)
Despite existing studies that prove the prevalence of corrupt policing of sex work in South Africa, corruption continues to be a common feature of sex workers’ experiences with police officers. In this article, it is argued ...
The new framework planned for the legal recognition and regulation of Muslim marriages in a secular South Africa: From litigation to law reform
(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) ...
An Analysis of the Human Rights and Gender consequences of the New South African Constitution and Bill of Rights with regards to the recognition and implementation of Muslim Personal Law
(The University of the Western Cape, 1996)
Prior to the new constitutional dispensation in South Africa all women had identities of race and gender imposed on them. With a new dispensation in place Muslim women, however, still have to deal with identities attributed ...
South Africa: Homosexual Muslims in South Africa: Some legal implications, including constitutional, marriage and succession’
(Intersentia, 2022)
This chapter focuses on the succession rights and testamentary freedom of male (gay) and female (lesbian) homosexuals in Islam and in South Africa. It highlights that, although the practice of male homosexuality and same-sex ...