The new framework planned for the legal recognition and regulation of Muslim marriages in a secular South Africa: From litigation to law reform
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Date
2022
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Syarif Hidayatullah State Islamic University (UIN) Jakarta
Abstract
Muslims, who originate from the East Indies and the Indian subcontinent,
have a history in South Africa dating back more than three centuries.
Attempts by South African Muslims to have their Muslim marriages (nikāḥs)
recognized have a history spanning more than three decades, starting during
white minority or apartheid rule and concluding during democracy. Although
the Constitution of the Republic of South Africa, 1996, makes provision for
Muslim marriages to be formally and separately recognized through legislation,
it is a travesty of justice that there is, to date, no legislative framework for the
recognition and regulation of the consequences flowing from such marriages.
Description
Keywords
Muslim marriages, Litigation and judicial developments, Law policy, South Africa, Private law
Citation
Moosa, N., & Abduroaf, M. (2022). The new framework planned for the legal recognition and regulation of Muslim marriages in a secular South Africa: From litigation to law reform. Ahkam: Jurnal Ilmu Syariah, 22(1), 1-34. 10.15408/ajis.v22i1.26076