Browsing Faculty of Law by Subject "Muslim Personal Law"
Now showing items 1-14 of 14
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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
(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 ... -
Chapter 6: Culture and religion
(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
(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. ... -
The Flying Hadji
(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 interim and final constitutions and Muslim Personal Law: implications for South African Muslim women
(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
(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”
(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. ... -
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 ... -
Muslim Personal Law (MPL) in review”
(Centre for Contemporary Islam UCT, 1999)Both the interim (1993) and final (1996) South African Constitutions now not only guarantee freedom of religion and belief but also makes provision within the Bill of Rights that legislation can be provided by the state ... -
Muslim Personal Law - to be or not to be?
(Juta Law, 1995)Introduction: The first Muslims had arrived at the Cape from the Dutch colonies in the East Indies (now Indonesia) and the coastal regions of Southern India from anywhere around 1652-1658. Despite having been granted the ... -
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 ... -
Parental Care and the Best Interest of the Child in Muslim Countries
(T.M.C. Asser Press The Hague, 2017)This chapter on South Africa critically analyses the evolution of the concept of the best interests of the child, and specifically how it pertains to the fields of care (custody), contact (access), guardianship and ... -
The role that lay Muslim judges play in state courts and religious tribunals in South Africa: A historical, contemporary and gender perspective
(Kluwer, 2002)Taking the example of a religious adjudicative body for Muslims in the Western Cape in South Africa, this article analyses the symbiotic working relationship between state courts and non-state dispute settlement bodies, ... -
Shari'a in South Africa
(Aboriginal Law Bulletin, 1995)Muslim Personal Law (MPL) is often practised to the detriment of Muslim women in many countries. The Qur'an is a religious text considered by Muslims to be the literal word of God. It is a primary source of Islamic law and ...