Doctor Legum - LLD / 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 religion to follow Islamic law. Muslims are required,
in terms of their religion, to ensure that their estates devolve in terms of the Islamic law of
succession. A son inherits double the share of a daughter in terms of the Islamic law of
intestate succession. This unequal distribution of shares has led to a premise that the Islamic
law of intestate succession discriminates against females. The South African Constitution
strongly promotes the right to equality and non-discrimination. There is therefore a serious
need to investigate the fairness of the Islamic law of intestate succession within the context of
South African law. This is in the interest of a religious minority group who have been in
South Africa since 1654.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uwc/oai:etd.uwc.ac.za:11394/6211 |
| Date | January 2018 |
| Creators | Abduroaf, Muneer |
| Contributors | Moosa, N. |
| Publisher | University of the Western Cape |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Rights | University of the Western Cape |
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