Browsing by Author "Booley, Ashraf"

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    The effect of the 2011 Arab uprising in the Middle East and North Africa (Mena region): Morocco’s quest for constitutional reform and the 20 February Movement
    (University of the Western Cape, 2021) Booley, Ashraf
    Historically, Morocco experienced widespread political repression during the 1970s through to the early 1990s. Through its exploitations, the monarchy regime repressed any claims aimed at challenging its authoritarian form of public space and debate. Encouraged by the uprisings in Tunisia and Egypt, and the Arab Spring, young Moroccans began to organise extensive demonstrations across the country demanding that a more substantive democracy, social justice and an anti-corruption mechanism be put in place. The 20 February movement, named after the first demonstration held on that date in 2011, is a worthy illustration of one of the latest social movements characterised by a concentrated use of technology and their disseminated membership. King Mohammed VI, Commander of the Faithful and the highest authority in Morocco, promised in a televised speech to introduce radical and genuine constitutional reforms that would democratise the country. This article describes the historical trajectory of the monarchy, the emergence and structuring of the 20 February movement and the neutralization strategy pursued by the monarchy in bringing about a constitutional change.
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    Legal and social complexities relating to practice of arranged and forced marriages
    (Academy of Islamic Studies, University of Malaya, 2021) Booley, Ashraf
    The practice of forced and/or arranged marriages are reported to be taking place globally. These types of marriages have become gender neutral and can no longer be described only as an issue relating to women. However, what is portrayed is that women normally suffer as reported cases are evidence of that. First world countries where there is a large immigrant community, frown on the practice of forced marriages and arranged marriages. This is a complex issue, because on the one hand, one’s religious, cultural diversity is attacked and on the other hand forced and arranged marriages may violate various provisions of international, regional national human rights instruments. From an international law perspective, one could argue that there is a clear violation of international law. On the other hand, and argument relating to one’s cultural and religious beliefs could also be advanced.
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    The rights and freedoms of Moroccan women: has the 2004 reforms benefited Moroccan women?
    (Academy of Science of South Africa, 2016) Booley, Ashraf
    Morocco has maintained its identity and adherence to the Islamic faith since before colonialism and after. As a result of such identity the Moroccan monarchy over the years developed the Code of Personal Status (referred to as the mudawana) which affected only the Muslim population. This type of family law was drawn mostly from Islamic doctrines with little or no participation of women. The mudawana has been criticised by many as being one-side and feminist groups have made numerous calls for a reformed mudawana that addressed the plight of women and to improve their status within the wider community. In 2004, the monarchy decided to reform the mudawana as a result of women’s groups pressuring the monarchy to do so. The 2004 reforms has the possibility of enhancing the rights of Moroccan women, for example, a wife is no longer legally obliged to obey her husband, contrary to a widely-held custom which regards obedience as an absolute duty of a Muslim wife, the minimum age for marriage for both parties eighteen years of age, including free and full consent. Polygyny has also been addressed. Although the 2004 version kept the concept of polygyny, there are severe restrictions to curtail this practice, for example, judicial authorisation is required as well as informing the current wife of the prospect. There are certain obstacles that seem to be hampering the full implementation of 2004 reforms which are discussed in this contribution.
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    South African National Defence Force (SANDF) drops charges against hijab-wearing officer: Case in point South Africa
    (Academy of Islamic Studies, University of Malaya, 2021) Booley, Ashraf
    Over the last few decades, a piece of fabric has become a powerful and divisive symbol worldwide. Since the tragic events of 9/11, this piece of fabric has become a topic of great debate, at local, national, regional and international level. The veil as worn by some Muslim women has assumed iconic proportions around the globe. To some it symbolizes piety to others, oppression. To some it is a rejection of Western morality to others, a rejection of modernity. To some, it is a religious statement supporting Islam as a way of living; to others, a political statement supporting violent Islamists. These disparate attributions exemplify the power of nonverbal communication and support the maxim that words and objects contain no inherent meaning; only people assigned meaning. This article discusses the status of religious rights and freedoms under the South African Constitution.
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    The Tunisian constitutional transition and debates: Islam, women and other actors in the wake of the post Jasmine revolution
    (2020) Booley, Ashraf
    The Arab uprising in Tunisia, dubbed the Jasmine Revolution began in 2010, protesting against unemployment, corruption, injustice and the absence of basic freedoms. The Jasmine Revolution ousted Ben Ali, the then president who was in power for more than three decades in 2011. Post Jasmine Revolution saw Tunisia making commendable strides in its transition towards a new all-inclusive democratic political order. However, the transition process has not been without obstacles which could have had the effect of derailing the transition process, such as the assassination of activists Chokri Belaïd and Mohamed Brami, the role and place of Islam, the inclusion of women in the political transition and the most popular Islamic party Ennahda with its rumours of transforming Tunisia into an Islamic state were cause for great concern for all. However, despite these concerns, Tunisia’s new constitutional text is considered to be a radical departure from its previous constitutional texts. After the drafting of various drafts, the 2014 constitutional text has attained the status in the Middle Eastern And North African Region MENA Region as being the most liberal compared to other countries in
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    Workplace bullying: An evaluation of the legal framework on workplace bullying in South Africa: Need for reform
    (University of the Western Cape, 2022) Safodien, Fayroes; Booley, Ashraf
    Workplace bullying is often associated with negative acts such as harassment, discrimination and victimisation,1 which is the reason that legal certainty is required, for protection against such conduct. Consequently, the legislation under scrutiny includes the Occupational Health and Safety Act 85 of 1993 (‘OHSA’), Labour Relations Act 66 of 1995 (‘LRA’), Employment Equity Act 55 of 1998 (‘EEA’), Protection from Harassment Act 17 of 2011 (‘PHA’), Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (‘PEPUDA’) and other statutes. Research shows that employees experience workplace bullying in South Africa (‘SA’).