Browsing by Author "Abduroaf, Muneer"
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An Analysis of Renunciation in Terms of s 2(C)(1) of the Wills Act 7 of 1953 in Light of the Moosa NO and Others v Harnaker and Others Judgment
Abduroaf, Muneer (Electronic Journal of Islamic and Middle Eastern Law (EJIMEL), 2019-05-29)Muslims have been living in South Africa for over 300 years. These persons are required in terms of their religion to fol-low Islamic law. There has (to date) been no legislation enacted by the South African parliament ... -
An Analysis of the Islamic Law Based Developments in the South African Law of Succession
Abduroaf, Muneer (2020)South Africa is a secular state with a constitution that guarantees the right to freedom of religion and the right not be discriminated against on religious basis. Over three quarter of a million Muslims live in South ... -
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 ... -
Application of the Islamic Law of Succession in South Africa
Abduroaf, Muneer (Researchgate, 2020-10)Muslims have been living in South Africa for over 300 years. There are over 750 000 Muslims living in South Africa today. These persons constitute a minority religious group in a non-Muslim country. Muslims are required ... -
Comparing the application of the islamic law of succession and administration of estates in Singapore and South Africa
Abduroaf, Muneer (Researchgate, 2020-04)This article investigates how the Islamic law of succession and administration of estates is applied in Singapore and South Africa with regard to the “Islamic will”. This kind of will includes a provision where the testator ... -
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 ... -
Islamic mode of estate distribution in South Africa
Abduroaf, Muneer; Moosa, Najma (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 ... -
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) ...