Muslim Personal Law in South Africa

Product Details:
Author(s):
Dangor, S and
Moosa, N
Year Published:
2019
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
About this publication
Muslim Personal Law in South Africa: Evolution and Future Status, the first South African book on the topic of Muslim personal law, introduces readers to the debate on the awarding of unique rights to specific communities. The recognition of Muslim personal law or Muslim family law has provoked debate within and beyond the Muslim community and has attracted the attention of religious scholars, academics and lawyers.
The contributors to this volume touch on constitutional issues, concerns with the application of Muslim personal law by our courts, and the conflict between supporters and opponents of the draft Bill on Muslim Marriages. The non-recognition of Muslim marriages has compelled Muslim women who have suffered the dire consequences of divorce, maintenance and custody to approach the courts for relief. 
If Muslim personal law were to be recognised by the state, to what extent would it protect the rights of women? Will recent judgments establish precedents that might prove to be at odds with the draft Bill? This book provides fascinating insight into the evolution and prospects of Muslim personal law in South Africa.
Content
Chapter 1: An introduction to Muslim personal law in South Africa: Past to present – Najma Moosa and Suleman Dangor
Chapter 2: A legal and historical excursus of Muslim personal law in the colonial Cape, South Africa, from the eighteenth to the twentieth century – Shouket Allie
Chapter 3: Muslim personal law—an update – Mahomed Solomon Navsa 
Chapter 4: The debate regarding Muslim personal law in South Africa: Achieving a balancing of interests – Yousuf Dadoo and Fawzia Cassim
Chapter 5: Citizenship, Muslim family law and a future South African Constitution: A preliminary enquiry – Firoz Cachalia
Chapter 6: The gendered benefits and costs of legal pluralism for Muslim family law in South Africa – Waheeda Amien
Chapter 7: Muslim family law in South Africa: Paradoxes and ironies – Ebrahim Moosa
Chapter 8: The struggle over Muslim personal law in a rights-based Constitution: A South African case study – Abdulkader Tayob
Chapter 9: The contribution of the courts in the integration of Muslim law into the mixed fabric of South African law – Christa Rautenbach
Chapter 10: A marriage of laws: The recognition of Islamic marriages through our courts – Charlene May and Seehaam Samaai
Chapter 11: Determining the application of a system of Muslim personal law in South Africa – Fatima Seedat
Chapter 12: Implications of the official designation of Muslim clergy as authorised civil marriage officers for Muslim polygynous, interfaith and same-sex marriages in South Africa – Najma Moosa and Muneer Abduroaf
Chapter 13: The Muslim Marriages Bill: A legal quagmire – Mohammed Allie Moosagie
Chapter 14: The Majlis and the Muslim Marriages Bill: A dissection – Suleman Dangor
Chapter 15: South African engagement with Muslim personal law: The Women’s Legal Centre, Cape Town and women in Muslim marriages – Hoodah Abrahams-Fayker
Chapter 16: The recognition of Muslim marriages in South Africa: Implications for women’s human rights – Rashida Manjoo
Chapter 17: Equal rights and recognition: Extending the protection in the Wills Act to Women in Polygynous Muslim Marriages – Seehaam Samaai, Charlene May and Harsha Gihwala 
Chapter 18: Muslim personal law in South Africa and women’s religious rights and freedoms – Wesahl Domingo
Chapter 19: Faskh (divorce) and intestate succession in Islamic and South African law: Impact of the watershed judgment in Hassam v Jacobs and the Muslim Marriages Bill – Najma Moosa and Muneer Abduroaf 
Chapter 20: New trend of legal transplant to triple talaq: Lessons for South Africa – Faizal Ahmad Manjoo
Chapter 21: Arbitration and mediation as an alternative paradigm for the recognition of faith-based personal law – Ziyad Motala
Chapter 22: Proprietary consequences of Muslim marriages and contractual capacity of spouses – Muhamed Fazel Bulbulia 
Chapter 23: Muslim Marriages Bill—Mapping the ongoing socio-ethico-legal challenges facing South African women – Essa Moosa 
Chapter 24: Muslim Marriages Bill impasse—an interim way forward – Abdul Karim Toffar 
Chapter 25: Conclusion – Najma Moosa and Suleman Dangor
Interest / Benefit to
Academics and students with an interest in Muslim personal law
Muslim religious leaders
Members of the Muslim religious community