An overview of post-divorce support for muslim children in the context of South African Law, Islamic Law and the proposed 2010 Muslim Marriages Bill
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Date
2012
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
International Assossiation of IT Laywers
Abstract
After 350 years of non-recognition, and following a
protracted procedure, Muslim religious marriages and divorces are
currently in the process of being directly and formally recognised in terms
of South African law. A 2010 ‘code’ of Muslim Personal Law has been
framed that can satisfy and synthesise both diverse Muslim (ideological)
perspectives and the relevant constitutional commands (guarantees of
religious freedom and equality to all South Africans). One of the key
objectives of the proposed legislation is to regulate the consequences
flowing from the termination of such marriages through
divorce. My paper provides an analytical overview of the legal
consequences flowing from a Muslim divorce in the context of South
African law, Islamic law and the proposed 2010 Muslim Marriages Bill
and focuses on the post-divorce support and position of minor and
dependent Muslim children. As such, it is limited to the areas of
guardianship, care, access and maintenance.
Description
Keywords
Muslim marriages, Post-divorce support, Muslim children, South African law, Islamic law
Citation
Moosa, N. (2012). An Overview of Post-Divorce Support for Muslim Children in the Context of South African Law, Islamic Law and the Proposed 2010 Muslim Marriages Bill. In: S. Kierkegaard(ed). Law,Governance and World Order, 283-296