An analysis of the right of a muslin child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession: A South African case study
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Date
2021
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
ASSAf
Abstract
This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South African and Islamic law of intestate succession is first investigated. Thereafter, the status of the child in the South African and Islamic law of testate succession is discussed. The article further looks at the possibility of applying the Islamic law of succession provisions concerning a Muslim child born out of wedlock to the distribution of a deceased estate within the South African legal framework. The article concludes with an analysis of the findings and makes recommendations.
Description
Keywords
Muslim child, Law of succession, Deceased estate, Testate succession, Inheritance, Wedlock, South Africa
Citation
Abduroaf, Muneer ‘An analysis of the right of a muslin child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession: A South African case study’ Obiter 42:2 (2021) pp. 126–135