Browsing Research Articles (Faculty of Law) by Subject "Muslim marriages"
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Analysis of the Women’s Legal Centre Trust case
(Law Society of South Africa, 2020)The Western Cape Division of the High Court in Cape Town handed down the judgment in the Women’s Legal Centre Trust case on 31 August 2018. It declared that the state is obliged to respect, protect, promote and fulfil the ... -
Demystifying the Mahr found in Muslim marriages
(Without Prejudice, 2020)One of the most common characteristics of an Islamic marriage is that it commences with a proposal referred to as ijba or rishta. Although the observance of a formal proposal is not strictly a requirement found in traditional ... -
An exploration of mata'a maintenance in anticipation of the recognition of Muslim marriages in South Africa: (Re-)opening a veritable Pandora's box?
(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 ... -
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 ... -
Polygynous Muslim marriages in South Africa: their potential impact on the incidence of HIV/AIDS
(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 ...