Browsing by Author "Muneer, Abduroaf"

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    An analysis of the rationale behind the distribution of shares in terms of the Islamic law of intestate succession
    (Sabinet, 2020) Muneer, Abduroaf
    There are 35 verses in Al Quraan that refer to succession. A daughter always inherits half the share of a son in terms of the Islamic law of intestate succession. (See Khan The Noble Qur’an – English Translation of the Meanings and Commentary 1404H (4) 11 where it states that “Allah commands you as regards your children’s (inheritance); to the male, a portion equal to that of two females…”). The reason why females (at times) inherit less favourably than males in terms of the Islamic law of intestate succession is not clearly stated in the primary sources of Islamic law. This note analyses the question as to whether the discrimination against females is consistent throughout the Islamic law of intestate succession. It also analyses the possible rationale behind the unequal distribution. The note concludes with an overall analysis and concluding remarks.
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    An Analysis of the Right of Muslim Adopted Children to Inherit from their Deceased Parents in terms of the Law of Succession: A South African Case Study
    (Juta, 2021) Muneer, Abduroaf
    This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic law is looked at first by way of an introduction. This is followed by looking at the rights of adopted Muslim children to inherit from their deceased parents (biological and adoptive) in terms of the South African and Islamic laws of intestate (compulsory) and then testate (optional) succession.1 The paper further looks at the possibility of applying relevant Islamic law of succession provisions applicable to enable adopted Muslim children to inherit from the estate of their deceased biological parents within the South African legal framework. The paper concludes with an analysis of the findings and makes a recommendation.
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    Analysis of the Women’s Legal Centre Trust case
    (Law Society of South Africa, 2020) Muneer, Abduroaf
    The Western Cape Division of the High Court in Cape Town handed down the judgment in the Women’s Legal Centre Trust case on 31 August 2018. It declared that the state is obliged to respect, protect, promote and fulfil the rights of the Constitution and that it is required to prepare, initiate, introduce, and enact legislation that recognises Muslim marriages and its consequences. The court held that the state is required to bring the legislation into operation. The High Court declared that the President and his Cabinet failed to fulfil their constitutional obligations and that their conduct was invalid. The High Court directed that the President and his Cabinet together with Parliament have to rectify the failure within 24 months of the date of the order. The two year deadline comes to an end on 31 August 2020.
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    Limitations on the right to freedom of testation
    (Sabinet, 2020) Muneer, Abduroaf
    Freedom of testation is a basic right in terms of the South African law of succession and enables a testator (or testatrix) to bequeath assets in a will as they please. The freedom is not completely unrestricted. Limitations are based on social and economic considerations and are found in statutory and common law principles. An example of a common law limitation is that a testator may not incorporate a provision in a will that is contrary to public policy. This article – the first in a two part series – analyses the limitations with regard to discrimination. These limitations are viewed in terms of both legislation and case law.