• Corpus ID: 153592586

Vonnisbespreking : is die Moslemhuwelik nou 'n erkende huwelik? Faro v Bingham NO [2013] ZAWCHC 159 (25 Oktober 2013) : regte

@inproceedings{SchoemanMalan2015VonnisbesprekingI,
  title={Vonnisbespreking : is die Moslemhuwelik nou 'n erkende huwelik? Faro v Bingham NO [2013] ZAWCHC 159 (25 Oktober 2013) : regte},
  author={Linda Schoeman-Malan},
  year={2015}
}
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 Faro v Bingham the position of Muslim spouses in Islamic marriages and the consequences thereof again came to the fore. The non-recognition of Muslim marriages has resulted in hardships for Muslim spouses in areas of marriage, devolvement of marriage by divorce or death, maintenance rights and… 

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Due to their potentially polygamous nature, Islamic marriages are not recognised in terms of South African law. The consequences of this non-recognition have been particularly unfair to Muslim women.

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The non-recognition of Muslim marriages under South African legislation poses serious challenges for the many Muslims living in South Africa, especially for those who are only married according to

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The call by certain sections of the South African Muslim community for the recognition of Muslim Personal Law in South Africa is a call to recognise Islamic-based private laws that include Muslim

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The article discusses the differences between the South African civil law and Islamic law with specific reference to post-divorce spousal maintenance as well as post-divorce maintenance of children

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Legal pluralism is a reality in the South African multicultural society. Apart from the South African legal system with its Roman-Dutch roots, various other legal systems are observed by groupings

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The chaos theory is utilised in a metaphorical manner to describe the current state of family law and more specifically law regulating intimate relationships in South Africa. A bird's eye view of the

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