Browsing Book and Book Chapters (Faculty of Law) by Issue Date
Now showing items 1-20 of 70
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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 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, ... -
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 ... -
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 ... -
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 ... -
Enterprise responsibility for sexual harassment in the workplace: comparing Dutch and South African law
(Kluwer Law International, 2008)Introduction: Sexual harassment in the workplace is generally deplored, destructive of working relationships and unlawful. Despite this it is widespread and possibly on the increase. In Spain, according to a 2006 survey, ... -
The prohibition of unfair discrimination: applying Section 3(d) of the Employment Equity Act
(Juta Law, 2009)Introduction: This chapter sets out to examine the concept of “unfair discrimination” in the employment context as it has evolved over the past three decades. It will note the efforts made by the courts to clarify it and ... -
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) ... -
The Gift and the meaning-giving subject: A Reading of Given Time
(Springer, 2010)In this essay the relation between justice and the gift in Derrida’s thinking is explored. The essay shows that an understanding of the ontological difference or the relation between Being and beings in Heidegger’s thinking ... -
Section 54: Obligation to report commission of sexual offences against children or persons who are mentally disabled
(Juta Law, 2011)INTRODUCTION: The duty to report the knowledge of the commission of sexual offences against certain vulnerable victims is newly provided for in this section of the Criminal Law (sexual Offences and Related Matters) Amendment ... -
The reconciliation of transnational economic, social and cultural human rights via the common interest
(VerLoren Van Themaat Centre, 2012)In general, human rights obligations are restricted to states' actions within their own territory in relation to their own citizens and residents. However, article 55(c) of the Charter of the United Nations refers to the ... -
Modern African childhoods: does Law matter?
(Oxford University Press, 2012)INTRODUCTION: This paper poses a question often aimed at lawyers, especially when they straddle a culturally diverse and contested terrain of human experience, such as the role of children and families in society: does law ... -
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 ... -
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 ... -
Imperfect transition – local government reform in South Africa 1994-2012
(SUN Press, 2012)Local government is a mirror of the larger political and economic forces, cleavages and problems that are shaping South African society. It is these deeper fault lines in society, rather than the Zuma government’s ... -
The ghostly dance of Zarathustra
(2013)Reading of C.W. Maris’s Nietzsche-Niëzky-Nijinsky: De Dans van Zarathustra (2004) and De Dans van Zarathustra: Nietzsche en de vrolijke rechtswetenschap (2006). -
A preliminary appraisal of the normative gains for children’s rights in the Angolan Children’s Act (act 25/12 of 22 August 2012)
(Jordan Publishers, UK, 2013)The United Nations Convention on the Rights of the Child (UNCRC) represents the most significant step towards the advancement of children’s rights globally. Article 4 of the UNCRC requires states to take concrete measures ... -
Protecting orphans and vulnerable children in Lesotho: an assessment of the Children’s Protection and Welfare Act, 2011
(Jordan Publishers, UK, 2014)INTRODUCTION: This chapter reviews specific aspects of the Children’s Protection and Welfare Act 2011 of Lesotho, insofar as they pertain to the situation of orphans and vulnerable children. The chapter commences with 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) ... -
Restorative justice as postmodern justice: exegesis and critique
(University of the Western Cape, 2016)This essay explores the relationship between postmodernism and RJ. Postmodernism quickly outgrew its non-legal origins and has extended its reach to incorporate matters legal. Already, it has established a significant presence ...
