1772 MUSLIM PERSONAL LAW AND WOMEN’S RIGHTS
Associate Professor Waheeda Amien, Director of Internationalisation and Outreach in the Faculty of Law, University of Cape Town
This course will comprise two lectures. It will offer an introduction to the legal position of Muslim personal law in South Africa and the significance for the constitutional rights to freedom of religion and gender equality. It will consider the need for legal recognition of Muslim marriages in South Africa, and the various ways in which this could be achieved, including the enactment of legislation such as the Muslim Marriages Bill. In particular, the course will reflect on the main cases that have been adjudicated in the South African courts pertaining to Muslim personal law.
1. Legal position of Muslim personal law and the need for recognition of Muslim marriages
2. Court cases dealing with Muslim personal law
Amien, W. 2010. ‘A South African case study for the recognition and regulation of Muslim family law in a minority Muslim secular context’. International Journal of Law, Policy and the Family 24:3 361–396.
Amien, W. 2006. ‘Overcoming the conflict between the right to religious freedom and women’s rights to equality – a South African case study of Muslim marriages’. Human Rights Quarterly 28 729–754.