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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 ...
A descriptive analysis of South African and Islamic abortion legislation and local Muslim community responses
(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 ...
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, ...
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 ...
Human rights in Islam
(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 ...
Muslim Personal Laws affecting children: diversity, practice and implications for a new children's code for South Africa
(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 ...
How loud is too loud? Competing rights to religious freedom and property and the Muslim call to prayer (adhan or azan) in South Africa
(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 ...