MUSLIM MARRIAGES

Court finds that our laws fall short concerning Muslim marriages. In the recent SCA case, where the President and Minister of Justice were the Appellants, regarding Muslim marriages, the court found that: The Marriage Act and the Divorce Act are declared to be inconsistent with the Constitution in that they fail to recognise marriages solemnised… Continue Reading

A Brief Overview Of Islamic Inheritance From A South African Law Perspective

Source: Abdul Buckus buckusattorneys@gmail.com Succession, colloquially referred to as inheriting, is the process whereby the heirs of a deceased person succeed to the assets which the deceased left behind at the time of death. Assets in this instance refer to the residue after all liabilities and debts of the deceased have been settled. INTESTATE SUCCESSION… Continue Reading

APPLICATION TO COMPEL RECOGNITION OF MUSLIM MARRIAGES EVOKES FIERCE LEGAL ARGUMENT

Source: Abdul Buckus  buckusattorneys@gmail.com Application to compel recognition of Muslim marriages evokes fierce legal argument As 2015 drew to a close the Women’s Legal Centre’s application to compel government to recognise Muslim marriages finally saw the light of day. However the organisation encountered yet another stumbling block as their locus standi (the right or capacity… Continue Reading

WHAT IS THE LEGAL STATUS OF A (NIKAH) MUSLIM MARRIAGE IN SOUTH AFRICA?

Source: Abdul Buckus buckusattorneys@gmail.com The legal status of (Nikah) Muslim marriages in South Africa is amongst the most frequently queried legal issues, which unfortunately still attracts the most divergent responses. A brief overview. Prior to the advent of democracy, (Nikah) Muslim marriages, together with Hindu and other Traditional marriage, were not recognized as having the… Continue Reading

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