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Now showing items 21-30 of 34
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 ...
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 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 ...
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 ...
Muslim Marriage and Divorce in Sri Lanka: Aspects of the relevant jurisprudence
(The Center for Islamic and Middle Eastern Legal Studies, 2016)
Muslims form 10 per cent of the Sri Lankan population. The country applies a mixed legal system. For many decades Muslim marriages and divorces have been governed by a separate piece of legislation. Courts in Sri Lanka ...
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 ...
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. ...
Women's eligibility for the qadiship (judicial office)
(AWRAQ, 1998)
There is no express Qur'anic text or tradition (Sunna) of Prophet Muhammed (P.B.U.H) for against the idea of women occupying the office of judge (qadi) which implies that God never intended to discriminate in this area. ...
Women and the Islamic Law of Intestate Succession
(African Law Review, 1994)
Islamic law of succession consists of two parts mainly voluntary and compulsory. The voluntary part reers to the limited freedom of testation where a muslim can dispose of 1/3 of his or her assets via a will. Normally this ...
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 ...