Generally, traditional "marriages" according to Islamic custom are void in
South African law because they are potentially polygynous and do not
comply with the formalities prescribed by the Marriage Act 25 of 1961 . A
valid concern for those who oppose polygyny is that it may enforce and
promote gender inequality in that it is practised in patriarchal Muslim
societies. The Constitution of the Republic of South Africa Act 108 of 1996
contains numerous provisions aimed at combating gender inequalities, and
these could be used to justify the policy of non-recognition. On the other
hand, the Constitution has ushered in an era of tolerance and empathy; and
the equality and religion clauses could be used to ensure that polygynous
marriages are no longer ignored.
This study will examine the tensions between Muslim personal law and
clauses in the Constitution which have led to calls for the reformation and
codification of Muslim personal law. / Private Law / LL. M.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/17014 |
| Date | 11 1900 |
| Creators | Jivan, Usha Ashwin |
| Contributors | Heaton, J. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (51 leaves) |
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