A comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implication for the Muslim woman

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dc.contributor.authorMoosa, Najma
dc.date.accessioned2022-08-19T10:31:13Z
dc.date.available2022-08-19T10:31:13Z
dc.date.issued1991
dc.description.abstractAs a Muslim south African trained in South African Roman-Dutch law, I have been exposed to experiences/situations which indicate a conflict between the principles of South African Roman-Dutch law and Islamic law of succession. This has prompted me to do some research into the history of Islamic law, the spreading of Islamic law over large parts of the world and the question of the recognition and application of Islamic law in South Africa. The central theme of this study is the Islamic law of succession in so far as it affects women. Chapter One of my dissertation contains a brief historical background which outlines on the one hand, the nomadic society, women and succession in pre-Islamic Arabia and on the other, their improved position upon the advent of Islam {seventh century) . It ends with the historical background of Muslims in South Africa. Chapter Two is devoted to the marriage property background against which both the South African and Islamic law of succession operate. Thereafter, in Chapter Three, the South African law and Islamic law (substantive rules} of succession are compared. These include both intestate and testamentary succession, the latter being limited on the Islamic side. Chapter Four, with the backgrounds sketched in Chapters Two and Three, demonstrates the visible internal conflicts between the Islamic and South African law of marriage and succession as encountered in South African practice. After evaluating statistics and alternative solutions in this regard, and having arrived at certain conclusions, I propose that recommendations about the possible recognition and application of Muslim Personal Law in South Africa which is at present enjoying the attention of the South African Law Commission in Project 59 should see fruition and be implemented as it can only assist the society in closer inspection are riddled with controversies. Chapter Six explores the treatment received by a Muslim widow, daughter and mother in terms of their respective fixed "intestate" shares and its implications for modern twentieth century society. which we live since it is a vital aspect affecting our daily lives {and deaths!). Chapter Five covers the whole aspect of the Muslim testator or testatrix' s limited "freedom" of testation and reforms by certain forerunner countries in this regard which on closer inspection are riddled with controversies. Chapter Six explores the treatment received by a Muslim widow, daughter and mother in terms of their respective fixed "intestate" shares and its implications for modern twentieth century society.en_US
dc.identifier.citationPhotocopy of typescript. Thesis (M.L. (Faculty of Law))--University of the Western Cape, 1991. Bibliography: leaves 189-201.en_US
dc.identifier.urihttp://hdl.handle.net/10566/7755
dc.language.isoenen_US
dc.publisherThe University of the Western Capeen_US
dc.subjectIslamic Lawen_US
dc.subjectSouth Africaen_US
dc.subjectPre-Islamic Arabiaen_US
dc.subjectMuslim Personal Lawen_US
dc.subjectMuslim Testatoren_US
dc.titleA comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implication for the Muslim womanen_US
dc.typeArticleen_US

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