Library Portal | UWC Portal | National ETDs | Global ETDs
    • Login
    Contact Us | About Us | FAQs | Login
    View Item 
    •   ETD Home
    • Faculty of Law
    • Department of Criminal Justice and Procedure
    • Magister Legum - LLM (Criminal Justice and Procedure)
    • View Item
    •   ETD Home
    • Faculty of Law
    • Department of Criminal Justice and Procedure
    • Magister Legum - LLM (Criminal Justice and Procedure)
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    The imperative to implement Muslim personal law in South Africa

    Thumbnail
    View/Open
    abduroaf_m_law_2021.pdf (1.485Mb)
    Date
    2021
    Author
    Moolla, Mohammed
    Metadata
    Show full item record
    Abstract
    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 this causes serious problems for Muslim women who suffer grave injustices upo n divorce due to the non recognition and non regulati on of Muslim marriages It highlights t he State refus al to enact legislation despite the dicta and obiter comments from the courts spanning more than two decad es enjoining the state to effect legislation to achieve this purpose. South African law is still fundamentally lacking in the recognition of the rights of parties to marriages contracted only in terms of M PL . For couples married in accordance with civil law, marriages and divorces are dealt with under the relevant statutes, namely the Marriage Act 25 of 1961, t he Civil Union Act 17 of 2006 and the Divorce Act 70 of 1979. No provision has been made in statu tor y law for MP L . Previously the courts have held that this was due to the potentially polygyn ous nature of Muslim marriages. Muslim m arriages are inadequately regulated resulting in serious hardships to Muslim women and children. This thesis furthermore inve stigate s the need to recognize MPL .
    URI
    http://hdl.handle.net/11394/8358
    Collections
    • Magister Legum - LLM (Criminal Justice and Procedure)

    DSpace 6.3 | Ubuntu | Copyright © University of the Western Cape
    Contact Us | Send Feedback
    Theme by 
    @mire NV
     

     

    Browse

    All of RepositoryCommunities & CollectionsBy Issue DateAuthorsTitlesSubjectsThis CollectionBy Issue DateAuthorsTitlesSubjects

    My Account

    Login

    Statistics

    View Usage Statistics

    DSpace 6.3 | Ubuntu | Copyright © University of the Western Cape
    Contact Us | Send Feedback
    Theme by 
    @mire NV