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The future of African customary law
(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 ...
The implications of varying statutory minimum age thresholds for child consent in respect of minors granted majority status through civil marriage in South Africa
(Intersentia, 2018)
South Africa is a young constitutional democracy and developing country.
Its main national laws protecting children, namely, the supreme Constitution
19961 and the comprehensive Children's Act 20052 based on its provisions, ...
An overview of post-divorce support for muslim children in the context of South African Law, Islamic Law and the proposed 2010 Muslim Marriages Bill
(International Assossiation of IT Laywers, 2012)
After 350 years of non-recognition, and following a
protracted procedure, Muslim religious marriages and divorces are
currently in the process of being directly and formally recognised in terms
of South African law. A ...
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) ...
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 ...
Chapter 18 Islamic Jurisprudence
(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 ...
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, ...
South Africa: Indian Law
(Oxford University Press, 2009)
The South African legal system comprises common law (Roman-Dutch and English law developed through case law) legislation and (mainly African) customary law with elements of Muslim, Hindu, Jewish and Zoroastrian (Parsi) ...
Women, gender and child marriage: Sub-Saharan Africa, overview
(Encyclopedia of Women and Islamic Cultures, 2006)
This entry provides an overview of early marriage of girls under the age of 18 from a human rights and gender perspective. It examines international conventions relating to child marriage and critiques the application of ...
Aspects of Dutch colonial family law related to the Indonesian rajah of Tambora’s exile at the cape
(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 ...