The Impact of South African Law on the Islamic Law of Succession

Simple item page
dc.contributor.advisorMoosa, N.
dc.contributor.authorAbduroaf, Muneer
dc.date.accessioned2018-08-07T11:48:30Z
dc.date.accessioned2025-03-03T08:16:57Z
dc.date.available2018-08-07T11:48:30Z
dc.date.available2025-03-03T08:16:57Z
dc.date.issued2018
dc.descriptionDoctor Legum - LLD
dc.description.abstractSouth African Muslims constitute a religious minority group that is subject to dual legal systems. In the public sphere they are bound by South African law whereas in the private sphere are duty bound in terms of their religion to follow Islamic law. Muslims are required, in terms of their religion, to ensure that their estates devolve in terms of the Islamic law of succession. A son inherits double the share of a daughter in terms of the Islamic law of intestate succession. This unequal distribution of shares has led to a premise that the Islamic law of intestate succession discriminates against females. The South African Constitution strongly promotes the right to equality and non-discrimination. There is therefore a serious need to investigate the fairness of the Islamic law of intestate succession within the context of South African law. This is in the interest of a religious minority group who have been in South Africa since 1654.
dc.identifier.urihttps://hdl.handle.net/10566/20202
dc.language.isoen
dc.publisherUniversity of the Western Cape
dc.rights.holderUniversity of the Western Cape
dc.subjectConstitution
dc.subjectIntestate succession
dc.subjectInheritance
dc.subjectIslamic law
dc.subjectMuslim marriage
dc.subjectQuraan
dc.subjectSouth African Constitution
dc.subjectSunnah
dc.subjectTestate succession
dc.subjectWills
dc.titleThe Impact of South African Law on the Islamic Law of Succession

Files

Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
Abduroaf_LLD_LAW_2018.pdf
Size:
15.95 MB
Format:
Adobe Portable Document Format
Download

Collections

Doctor Legum - LLD