Browsing Research Articles (Faculty of Law) by Author "Moosa, Najma"
Now showing items 21-34 of 34
-
Muslim Personal Law (MPL) in review”
Mahomed, Ashraf; Moosa, Najma (Centre for Contemporary Islam UCT, 1999)Both the interim (1993) and final (1996) South African Constitutions now not only guarantee freedom of religion and belief but also makes provision within the Bill of Rights that legislation can be provided by the state ... -
Muslim Personal Law - to be or not to be?
Moosa, Najma (Juta Law, 1995)Introduction: The first Muslims had arrived at the Cape from the Dutch colonies in the East Indies (now Indonesia) and the coastal regions of Southern India from anywhere around 1652-1658. Despite having been granted the ... -
Muslim Personal Laws affecting children: diversity, practice and implications for a new children's code for South Africa
Moosa, Najma (Juta Law, 1998)Introduction: Marriage is seen as an institution for, among various objects, the procreation of children. Children in Islam are ideally seen as the fruits of marriage-for mothers as homemakers to love and nurture and for ... -
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) ... -
An Overview of Divorce and Dispute Resolution in Islamic Law
Moosa, Najma (LexisNexis, 2004)This article is based on a paper presented at International Conference on Divorce: Causes and consequences held in Beijing in July 2004 and sponsored by the International Society of Family Lawyers and China University of ... -
Part two: Debunking prevailing scholarly views pertaining to the apostasy of alleged descendants of Shaykh Yusuf of Makassar
Moosa, Najma (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 ... -
Polygynous Muslim marriages in South Africa: their potential impact on the incidence of HIV/AIDS
Moosa, Najma (North-West University, 2009)Introduction: Polygyny is generally deemed to be incompatible with Western norms of monogamy and equality, and, therefore, discriminatory to women. This article does not debate the merits and demerits of this view, but ... -
Promoting minority rights in the context of economic, social and cultural rights in South Africa
Moosa, Najma (UNISA Press, 2002)Introduction: It has been commonly thought that if ethnic, religious and national minorities are allowed to give expression to their respective group attachments, then that should be deemed sufficient protection against ... -
Serbia the case of 'missing babies' in Serbia before the European court of human rights
Moosa, Najma; Brinig, Margaret F; Sloth-Nielsen, Julia L; Mujuzi, Jamil Ddamulira (Cambridge Core, 2019)In the case of Zorica Jovanovic v. Serbia, initiated before the European Court of Human Rights (ECtHR) in April 2008, the applicant complained of the continuing failure of the Serbian authorities to provide her with any ... -
Shari'a in South Africa
Moosa, Najma (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
Moosa, Najma (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 ... -
Women and the Islamic Law of Intestate Succession
Moosa, Najma (African Law Review, 1994)Islamic law of succession consists of two parts mainly voluntary and compulsory. The voluntary part reers to the limited freedom of testation where a muslim can dispose of 1/3 of his or her assets via a will. Normally this ... -
Women's eligibility for the qadiship (judicial office)
Moosa, Najma (AWRAQ, 1998)There is no express Qur'anic text or tradition (Sunna) of Prophet Muhammed (P.B.U.H) for against the idea of women occupying the office of judge (qadi) which implies that God never intended to discriminate in this area. ...