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dc.contributor.advisorAbduroaf, Muneer
dc.contributor.authorSungay, Mohamed Hoosain
dc.date.accessioned2023-07-27T09:16:29Z
dc.date.available2023-07-27T09:16:29Z
dc.date.issued2023
dc.identifier.urihttp://hdl.handle.net/11394/10416
dc.descriptionMagister Legum - LLMen_US
dc.description.abstractThe 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.language.isoenen_US
dc.publisherUniversity of the Western Capeen_US
dc.subjectReligionen_US
dc.subjectIslamic lawen_US
dc.subjectBill of Rightsen_US
dc.subjectLaw of Successionen_US
dc.subjectSouth Africaen_US
dc.titleConstitutional legitimacy of the Islamic law of compulsory succession within the South African contexten_US
dc.rights.holderUniversity of the Western Capeen_US


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