An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study

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Date

2021

Journal Title

Journal ISSN

Volume Title

Publisher

Juta

Abstract

This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic law is looked at first by way of an introduction. This is followed by looking at the rights of adopted Muslim children to inherit from their deceased parents (biological and adoptive) in terms of the South African and Islamic laws of intestate (compulsory) and then testate (optional) succession.1 The paper further looks at the possibility of applying relevant Islamic law of succession provisions applicable to enable adopted Muslim children to inherit from the estate of their deceased biological parents within the South African legal framework. The paper concludes with an analysis of the findings and makes a recommendation.

Description

Keywords

South African law, Adopted child, Adoptive parents, Succession law, Islamic law

Citation

Abduroaf, Muneer ‘An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study’ Journal of Comparative Law in Africa 8:2 (2021) pp. 63-73