Browsing by Subject "Muslim family law; Muslim personal law; Islamic law; South Africa; ulama; South African constitution; religion and law; Muslim minority"
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Item Open Access Muslim Family Law in South Africa: Paradoxes and Ironies(2010) Moosa, EThe recognition of Muslim family law in South Africa is embedded in a long history of political struggle by the country's Muslim minority. With constitutional recognition for religion-based family and human rights safeguards, the proposed Muslim family law bill has landed in a quagmire of intra-Muslim disputes. The stand-off is between orthodox and ultra-orthodox Muslim clerics, the latter who find a human rights-friendly regime of Muslim family law to be antithetical to their view of religion, while orthodox and progressive Muslim groups find such accommodation to be acceptable to their religious convictions.