Browsing Book and Book Chapters (Faculty of Law) by Author "Moosa, Najma"
Now showing items 1-14 of 14
-
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 ... -
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 ... -
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) ... -
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 ... -
The implications of varying statutory minimum age thresholds for child consent in respect of minors granted majority status through civil marriage in South Africa
Moosa, Najma (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, ... -
Islamic mode of estate distribution in South Africa
Abduroaf, Muneer; Moosa, Najma (Jordan Publishing LexisNexis, 2016)It has been argued by some academics that the Islamic law of intestate succession discriminates against females due to its unequal distribution of shares in favour of males.' The general example used in this regard is when ... -
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
Moosa, Najma (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 ... -
Parental Care and the Best Interest of the Child in Muslim Countries
Moosa, Najma (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
Moosa, Najma (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: Homosexual Muslims in South Africa: Some legal implications, including constitutional, marriage and succession’
Moosa, Najma; America, Zaahirah (Intersentia, 2022)This chapter focuses on the succession rights and testamentary freedom of male (gay) and female (lesbian) homosexuals in Islam and in South Africa. It highlights that, although the practice of male homosexuality and same-sex ... -
South Africa: Indian Law
Moosa, Najma (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
Moosa, Najma (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 ...