Browsing Faculty of Law by Author "Moosa, Najma"
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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 ... -
Aspects of Dutch colonial family law related to the Indonesian rajah of Tambora’s exile at the cape
Moosa, Najma (Intersentia, 2020)The Muslims who arrived at the Cape during the first period of Dutch colonisation in the seventeenth century hailed from different geographical locations, were of different cultural and ethnic backgrounds and, more ... -
Book Review: The Future of African Customary Law
Moosa, Najma (University of the Western Cape, 2022)In the abstract of "The Future of African Customary Law" the editors state that it …is intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa…[It] ... -
Chapter 18 Islamic Jurisprudence
Moosa, Najma; Goolam, Nazeem M.I (Juta, 2004)What is the meaning of the word Jurisprudence? The etymology of the word 'jurisprudence' hails from two Latin words; first, 'ius' meaning 'law' and 'iuris' meaning 'of law' and secondly, 'prudens' meaning 'knowledge' or ... -
Chapter 6: Culture and religion
Moosa, Najma; Mbatha, Likhapa; Bonthuys, Elsje (Juta, 2007)This chapter deals with the relationship between gender equality and rights to practice culture and religion. In South Africa this relationship is of crucial importance to women who live according to the rules and principles ... -
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 ... -
Dissolution of a muslim marriage by divorce
Moosa, Najma (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?
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 ... -
The Flying Hadji
Moosa, Najma (Stellenbosch: Institute for Theological Interdisciplinary Research (EFSA) in cooperation with CCAWT Research, 2000)All things considered, becoming a Muslim theologian was high on my list of possible vocations at the end of high school. Unfortunately for me, this was not to be I was a Muslim woman with a dream at the wrong time. Instead, ... -
The future of African customary law
Moosa, Najma (Elsevier, 2012)It s intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa…[It] considers the characteristics of customary law and efforts to ascertain and codify ... -
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 ...