• Corpus ID: 155728338

Faskh (divorce) and intestate succession in Islamic and South African law : impact of the watershed judgment in Hassam v Jacobs and the Muslim Marriages Bill

@inproceedings{Moosa2014FaskhA,
  title={Faskh (divorce) and intestate succession in Islamic and South African law : impact of the watershed judgment in Hassam v Jacobs and the Muslim Marriages Bill},
  author={Najma Moosa and Muneer Abduroaf},
  year={2014}
}
This article deals with intestate succession against the background of the complex Islamic legal aspects of faskh and talaq as forms of divorce. It elaborates on the divergent views held by Islamic scholars and explains the foundational principles of Islamic law. The article offers a new perspective on the ground-breaking case of Hassam v Jacobs and sheds light on its surrounding circumstances and factual background in order to indicate that the Cape High Court may have unnecessarily pronounced… 
2 Citations
Muslim marriages, the South African state and the courts: between limbo, liberation, and the spaces for contestation in-between
  • G. Vahed
  • Sociology
    Contemporary South Asia
  • 2022
ABSTRACT A central feature of South Africa's legal system under white minority rule was the state's institutionalisation of racist structures and a distinct Christian bias in religious matters.
Vonnisbespreking : is die Moslemhuwelik nou 'n erkende huwelik? Faro v Bingham NO [2013] ZAWCHC 159 (25 Oktober 2013) : regte
Is the Muslim marriage now a recognised marriage? Muslim marriages are not recognised in South African civil law, as they are potentially polygamous. In the recent Western Cape High Court decision of