Browsing by Subject "Islamic law"
Now showing items 1-5 of 5
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A comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implications for the Muslim woman
(University of Western Cape, 1991)As a Muslim south African trained in South African Roman-Dutch law, I have been exposed to experiences/situations which indicate a conflict between the principles of South African Roman-Dutch law and Islamic law of succession. ... -
Constitutional legitimacy of the Islamic law of compulsory succession within the South African context
(University of the Western Cape, 2023)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 ... -
The imperative to implement Muslim personal law in South Africa
(University of Western Cape, 2021)It has been more than 25 years since the Interim Constitution came into effect and a Bill of Rights was introduced. Yet Muslim Personal Law ( still has no lega l recognition in South Africa. This the sis investigates how ... -
Masālik al-ʿillah in the convention of qiyās: An investigation of its foundations and contemporary Application
(University of Western Cape, 2021)This study examines the foundations of the various methods of identifying legal cause (masālik al-ʿillah). It studies its various theories, spanning the classical and premodern period and investigates its application in ... -
The Impact of South African Law on the Islamic Law of Succession
(University of the Western Cape, 2018)South African Muslims constitute a religious minority group that is subject to dual legal systems. In the public sphere they are bound by South African law whereas in the private sphere are duty bound in terms of their ...