Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS In response to the Supreme Court's overruling of Roe v. Wade, some Muslim American lawyers have argued that restrictive abortion laws infringe on Muslims' religious liberty, as many of the restrictive abortion laws in several states contravene Islam's understanding of abortion and its permissibility in certain contexts.  Relatedly, some Muslims … Continue reading Islamic Law in the News Roundup

Islamic Law in the News Roundup

ISLAMIC LAW IN THE NEWS In her opinion piece in Rewire News Group, Aliza Kazmi, commenting on the recently leaked Supreme Court opinion that would overrule Roe v. Wade, wrote: "Islam supports an individual’s bodily autonomy, and we need to advocate for our community’s right to an abortion." Lawyers for the Malian Islamist rebel Al … Continue reading Islamic Law in the News Roundup

Recent Developments in Muslim Marriages and Civil Laws

Last summer, the Guardian reported on a legal proceeding in the United Kingdom that explored the extent to which UK law recognizes a marriage conducted according to Islamic law, yet unaccompanied by a civil law marriage. As described in the article, the husband contended that the couple was never married, and the wife—petitioning for divorce—insisted that they were. … Continue reading Recent Developments in Muslim Marriages and Civil Laws

Commentary :: Recognition and Regulation of Muslim Marriages in South Africa

By Waheeda Amien On August 31, 2018, the Western Cape High Court in South Africa handed down a groundbreaking judgment in the case of Women’s Legal Centre Trust v President of the Republic of South Africa and Others.[1] In this case, a full bench of three High Court judges ordered the South African government to … Continue reading Commentary :: Recognition and Regulation of Muslim Marriages in South Africa

WLC v. President of the Republic & Others (South Africa)

By Hannah Hess Facts: Apartheid-era South African courts historically denied recognition to marriages conducted according to Islamic rites, since such unions were perceived as contrary to accepted social customs. Until today, Muslim marriages remain unrecognized under the Marriage Act 25 of 1961, the Divorce Act 70 of 1979, or the Customary Marriage Act 120 of … Continue reading WLC v. President of the Republic & Others (South Africa)

In the News: Muslim Marriages in South Africa

On August 31st, a South African court ruled that Islamic law marriages must be recognized by the government in order to provide greater protections to women and children in case of divorce. Currently in South Africa, the law recognizes “customary marriages,” but only when they are part of the “customs and usages traditionally observed among … Continue reading In the News: Muslim Marriages in South Africa

Moosa NO and Others v. Harnaker and Others (Western Cape High Court of South Africa): Wills Act Incompatible with South Africa Constitution Due to Discrimination Against Muslim Marriages

Contributor Katherine Gonzalez summarizes the recent decision of the Western Cape High Court in Cape Town, South Africa regarding the term "surviving spouse" and how it applies to Muslim marriages.   The Western Cape High Court in Cape Town declared the 1953 Wills Act inconsistent with the South Africa Constitution, because the statute’s provisions were … Continue reading Moosa NO and Others v. Harnaker and Others (Western Cape High Court of South Africa): Wills Act Incompatible with South Africa Constitution Due to Discrimination Against Muslim Marriages