TY - CHAP
T1 - The Case of the Recognition of Muslim Personal Law in South Africa
T2 - Colonialism, Apartheid and Constitutional Democracy
AU - Domingo, Wesahl
N1 - Publisher Copyright:
© 2023, The Author(s), under exclusive license to Springer Nature Switzerland AG.
PY - 2023
Y1 - 2023
N2 - South Africa provides an ideal example of legal pluralism where there is a constitutional commitment by the state to provide recognition to both customary and religious law. The mosaic of South African history is richly interwoven with Islam since the arrival of Muslims coming from all parts of the world more than 360 years ago. The history of Muslims in South Africa is inextricably linked to the presence of colonialism, apartheid and constitutional democracy. Muslim personal law in South Africa is on the verge of recognition and implementation. The Muslim community is divided on the issue of whether they should recognise the state’s having jurisdiction over Muslim personal law through the enactment of a Muslim Marriages Act. This chapter critically discusses the opportunities and challenges South African Muslims have faced, and are facing, with the recognition of Muslim personal law.
AB - South Africa provides an ideal example of legal pluralism where there is a constitutional commitment by the state to provide recognition to both customary and religious law. The mosaic of South African history is richly interwoven with Islam since the arrival of Muslims coming from all parts of the world more than 360 years ago. The history of Muslims in South Africa is inextricably linked to the presence of colonialism, apartheid and constitutional democracy. Muslim personal law in South Africa is on the verge of recognition and implementation. The Muslim community is divided on the issue of whether they should recognise the state’s having jurisdiction over Muslim personal law through the enactment of a Muslim Marriages Act. This chapter critically discusses the opportunities and challenges South African Muslims have faced, and are facing, with the recognition of Muslim personal law.
UR - http://www.scopus.com/inward/record.url?scp=85153369039&partnerID=8YFLogxK
U2 - 10.1007/978-3-031-27188-5_14
DO - 10.1007/978-3-031-27188-5_14
M3 - Chapter
AN - SCOPUS:85153369039
T3 - Boundaries of Religious Freedom: Regulating Religion in Diverse Societies
SP - 277
EP - 300
BT - Boundaries of Religious Freedom
PB - Springer Science and Business Media B.V.
ER -