Browsing by Author "Ashraf, Booley"

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    The Arab Spring – A brief view of Morocco’s February 20 movement and effects
    (International Journal of Arts Humanities and Social Sciences Studies, 2020) Ashraf, Booley
    : Since 2011, Morocco has been engaged in a series of political, constitutional and institutional reforms, including a wider respect for human rights. The debates and changes can be attributed to the unprecedented organised mass protests in Morocco, which became known as the February 20 Movement. Importantly, to note, was the fact that the protestors did not challenge the monarchy, what was challenged was the democratization of not only Morocco but solidarity with protestors in other countries that experienced corruption, social injustice and a serious lack and respect for the most basic and fundamental human rights in a broader constitutional context
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    Can Covid-19 be classified as Force Majeure in South Africa?
    (Without Prejudice, 2020) Ashraf, Booley; Conrad, Potberg
    The 23rd of March will forever be etched in the minds of South Africans. The President of the Republic of South Africa, Cyril Ramaphosa, declared a 21-day national lockdown effective from midnight on Thursday, 26 March 2020 to Thursday, 16 April 2020 to curb the spread of the coronavirus. The question is, to what extent can COVID–19 be declared force majeure in a South African legal context? Force majeure – Irresistible force, unforeseen and external.Generally, the insertion of a force majeure clause covers instances where a contracting party would find it physically impossible to perform his/her obligations. Force majeure refers to a clause that is included in contracts to remove liability for natural and unavoidable catastrophes that interrupt the expected course of events and prevent participants from fulfilling obligations. It also encompasses human actions, such as armed conflict. However, force majeure would also find application where government either introduces new legislation, or through government action, which renders performance impossible. This means that the performance now becomes legally and not physically impossible, or perhaps both legally and physically impossible. Questions about what is and is not "foreseeable" in a legal sense have been raised, given the increased awareness of, for example, pandemics, asteroids, super-volcanoes, cyber threats, and nuclear warfare.
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    COVID-19 versus contractual obligations: case in point South Africa?
    (Without Prejudice, 2020) Ashraf, Booley
    The 23rd of March 2020 will forever be etched in the minds of all South Africans: President Cyril Ramaphosa declared a 21-day national lockdown effective from midnight on Thursday, 26 March to Thursday, 16 April to curb the spread of the coronavirus (referred to as COVID-19).
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    Demystifying the Mahr found in Muslim marriages
    (Without Prejudice, 2020) Ashraf, Booley
    One of the most common characteristics of an Islamic marriage is that it commences with a proposal referred to as ijba or rishta. Although the observance of a formal proposal is not strictly a requirement found in traditional Islamic jurisprudence, it is commonly observed globally. An essential characteristic of a Muslim marriage is the Mahr-ul-Mithl, commonly referred to as the mahr or mehr. The English equivalent of the word mahr would be dowry. The word mahr is akin to the Hebrew word "mohar" and the Syriac word "mahr", signifying "bridal gift", which was historically referred to as "purchase money". According to the Chambers Concise Dictionary, dowry is defined as "an amount of wealth handed over by a woman's family to her husband on marriage".
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    Post Arab uprising – where are the voices of women in Tunisia in 2020?
    (International Journal of Arts Humanities and Social Sciences, 2020) Ashraf, Booley
    The state is committed to the protection of acquired rights for women and works to support and develop them. The state shall endeavour to achieve the principle of party between men and women in elected councils . The state shall take measures to ensure the elimination of violence against women. Family life moulds men and women and determines both where and how they live. The family is however also nucleus of society. To organise the family is to organise society and democratise the family is to democratise society