Constitutional legitimacy of the Islamic law of compulsory succession within the South African context
| dc.contributor.advisor | Abduroaf, Muneer | |
| dc.contributor.author | Sungay, Mohamed Hoosain | |
| dc.date.accessioned | 2023-07-27T09:16:29Z | |
| dc.date.accessioned | 2024-04-02T09:02:26Z | |
| dc.date.available | 2023-07-27T09:16:29Z | |
| dc.date.available | 2024-04-02T09:02:26Z | |
| dc.date.issued | 2023 | |
| dc.description | Magister Legum - LLM | en_US |
| dc.description.abstract | The Constitutional legitimacy of the Islamic Law of compulsory succession remains a heavily contested issue since the enactment of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution). South African law allows a deceased person freedom of testation subject to common law and statutory limitations. This freedom of testation principle is defined as the “[t]he right of an individual to dispose of his or her property on death as he or she pleases”. Furthermore, the Supreme Court of Appeal stated in the BoE Trust Ltd NO and Others case that this principle is perfectly balanced against constitutional imperatives regarding non-discrimination and equality. It was furthermore stated that this principle subtly forms part of section 25(1) of the Constitution, in that it protects a person’s right to dispose of their assets, upon death, as they wish. | en_US |
| dc.identifier.uri | https://hdl.handle.net/10566/10308 | |
| dc.language.iso | en | en_US |
| dc.publisher | University of the Western Cape | en_US |
| dc.rights.holder | University of the Western Cape | en_US |
| dc.subject | Religion | en_US |
| dc.subject | Islamic law | en_US |
| dc.subject | Bill of Rights | en_US |
| dc.subject | Law of Succession | en_US |
| dc.subject | South Africa | en_US |
| dc.title | Constitutional legitimacy of the Islamic law of compulsory succession within the South African context | en_US |