Browsing Faculty of Law by Subject "Divorce"
Now showing items 1-7 of 7
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An analysis of the right of a Muslim spouse to claim pension interest subsequent to divorce: A South African case study
(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 ... -
Dissolution of a muslim marriage by divorce
(Juta, 2014)Although Muslims first arrived in South Africa more than 350 years ago and two decades have passed since the advent of democracy, their religious marriages are currently not formally recognized in terms of the (common) ... -
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 ... -
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
(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 ... -
Kenya Kenyan Kadhis’ courts and their application of the Islamic law of divorce and distribution of property at the dissolution of marriage
(Cambridge University Press, 2021)Kenya does not have a State religion. Muslims are estimated to constitute than 10% of the Kenyan population. The ‘Kenyan Islamic practice … is predominantly Sunni with a Shafi intellectual tradition.’ However, there are ... -
Muslim divorce and the 1996 Divorce Amendment Act: The cart before the horse?
(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 ... -
An Overview of Divorce and Dispute Resolution in Islamic Law
(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 ...