Browsing Research Articles (Faculty of Law) by Author "Moosa, Najma"
Now showing items 1-20 of 34
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An analysis of professor Lourens du Plessis’ early (pro-life) and later (prochoice) perspectives on abortion
Moosa, Najma (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. ... -
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
Moosa, Najma (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 ... -
An argument for foetal protection within a framework of legal abortion in South Africa
Moosa, Najma (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 ... -
Aspects of Dutch Colonial family law related to the Indonesian Rajah of Tambora's exile at the Cape
Moosa, Najma (Cambridge University Press, 2020)'As far as family law is concerned, we in South Africa have ... every kind of family ... This is the result of ... history ... Our families are suffused with history, as family law is suffused with history, culture, belief ... -
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
Moosa, Najma (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. ... -
Debunking prevailing school views pertaining to the apostasy of alleged descendants of SHAYKH YUSUF of MAKASSAR
Moosa, Najma (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 ... -
Decriminalising abortion in South Africa: implications for the unborn's right to life
Moosa, Najma (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 ... -
A descriptive analysis of South African and Islamic abortion legislation and local Muslim community responses
Moosa, Najma (Yozmot Heiliger Ltd, 2002)The issue of abortion has been the subject of much debate in the recent past in South Africa. Prior to 1996 abortion legislation was punitive and therefore one with which conservative Muslims could identify. Since 1996 the ... -
An exploration of mata'a maintenance in anticipation of the recognition of Muslim marriages in South Africa: (Re-)opening a veritable Pandora's box?
Moosa, Najma; Karbanee, Shaheena (Law Faculty, University of the Western Cape, 2004)Introduction: In Muslim personal law, the husband on pronouncing a divorce has a number of legal obligations towards his wife including maintenance and payment of outstanding dower. While there is no dispute among Muslim ... -
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 ... -
How loud is too loud? Competing rights to religious freedom and property and the Muslim call to prayer (adhan or azan) in South Africa
Moosa, Najma (MPDI, 2021)This article approaches the position of the call to prayer (adhan or azan) in South Africa from the perspective of both legislation and case law. Although only an unamplified adhan has religious status in Islam, Muslim ... -
How loud is too loud? Competing rights to religious freedom and property and the Muslim call to prayer (Adhan or Azan) in South Africa
Moosa, Najma (MPDI, 2021)This article approaches the position of the call to prayer (adhan or azan) in South Africa from the perspective of both legislation and case law. Although only an unamplified adhan has religious status in Islam, Muslim ... -
Human rights in Islam
Moosa, Najma (Juta Law, 1998)Introduction: Conflicts between human rights and religion do exist. Is this true of Islam? The answer is not as simple as 'yes' or 'no'. Although an examination of human rights in an Islamic context will reveal its theocentric ... -
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 ... -
The interim and final constitutions and Muslim Personal Law: implications for South African Muslim women
Moosa, Najma (Juta Law, 1998)Introduction: All women face similar status problems in the private and public spheres of life but it is alleged that, as members of a religious community, Muslim women experience another inequality. This double inequality ... -
The interim and final constitutions and Muslim Personal Law: implications for South African Muslim women
Moosa, Najma (Stellenbosch Law Review, 1997)All women face similar status problems in the private and public spheres of life but it is alleged that, as members of a religious community, Muslim women experience another inequality. This double inequality has resulted ... -
The interim Constitution and Muslim personal law”
Moosa, Najma (Cape Town Community Law Centre, 1995)Muslim women face the same status problems in the private and public spheres of life as their non-muslim counterparts but it is alleged that, as members of a particular religious community, they experience another inequality. ... -
Islamic state practices in the framework of Islamic and international human rights instruments
Moosa, Najma (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, ... -
Muslim divorce and the 1996 Divorce Amendment Act: The cart before the horse?
Moosa, Najma (De Rebus, 1999)The purpose of this article is to clarify some issues regarding Muslim divorces which have been the topic of debate in previous issues of De Rebus (1997 DR 495; 1998 (Jan) DR 55; 1998 (Aug) DR 31). The Divorce Amendment ... -
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 ...