An analysis of the right of a Muslim spouse to claim pension interest subsequent to divorce: A South African case study
Loading...
Date
2021
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of Zurich
Abstract
Section 37D(1)(d)(i) of the Pension Fund Act 24 of 1956 enables a divorced spouse to claim pension interest from
the pension fund organisation of his or her former wife or husband if certain requirements are met. This paper analyses the application of s 37D(1)(d)(i) to South African Muslims who married in terms of Islamic law only as well as
those South African Muslims who married in terms of Islamic law as well as civil law. It highlights some of the
problem areas found within the current application of the provision. The paper concludes with an overall analysis of
the findings and makes a recommendation as to a way forward.
Description
Keywords
Pension claim, Muslim spouse's rights, Divorce, South Africa, Civil marriage
Citation
Abduroaf, Muneer ‘An analysis of the right of a Muslim spouse to claim pension interest subsequent to divorce: A South African case study’ Electronic Journal of Islamic and Middle Eastern Law 9:1 (2021) pp. 1–8