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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 ...
Debunking prevailing school views pertaining to the apostasy of alleged descendants of SHAYKH YUSUF of MAKASSAR
(UIN Sunan Kalijaga, 2020)
This article focuses on the controversial issue of apostasy pertaining to the alleged family of Shaykh Yusuf of Makassar, the Indonesian pioneer of Islam in colonial South Africa, after his demise at the Cape in the late ...
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, ...
Part two: Debunking prevailing scholarly views pertaining to the apostasy of alleged descendants of Shaykh Yusuf of Makassar
(UIN Sunan Kalijaga, 2020)
This paper is the second part of the two articles that discuss the controversy
over the conversion of religion in the family of Shaykh Yusuf of Makassar
after being exiled in South Africa during the Dutch colonial period ...
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 ...
The implications of varying statutory minimum age thresholds for child consent in respect of minors granted majority status through civil marriage in South Africa
(Intersentia, 2018)
South Africa is a young constitutional democracy and developing country.
Its main national laws protecting children, namely, the supreme Constitution
19961 and the comprehensive Children's Act 20052 based on its provisions, ...
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 ...