Embedded Files
Muslim Personal or Family Law (MPL) is in the process of being formally established as a permanent specialized unit within the Centre for Legal Integration in Africa (CLIA) under the project titled the Muslim Personal Law Unit. This unit aims to advance scholarly research, legal discourse, and policy engagement on issues related to MPL within the South African and broader African legal contexts.
The unit is composed of esteemed academics and legal scholars, including Senior Professor Najma Moosa, Associate Professor Muneer Abduroaf, Senior Lecturer Dr. Ashraf Booley, and Lecturer Mr. Mohamed Hoosain Sungay, who also serves as the unit’s administrator. Through interdisciplinary collaboration and engagement with legal practitioners, policymakers, and community stakeholders, the unit seeks to contribute to the development and integration of MPL within the broader legal framework.
The members of the Muslim Personal Law Unit (MPLU) share a common research focus and expertise in Muslim Personal Law (MPL) and are all currently based within the Department of Private Law, facilitating collaboration and interdisciplinary engagement. One of the key objectives of the Islamic Law and Plural Legal Systems Project (ILPP), which aligns with the MPLU’s mission, is to expand postgraduate supervision in areas closely related to Islamic legal pluralism and our own research initiatives.
The Department of Private Law currently offers an LLM in Islamic Law and Jurisprudence as well as a final-year LLB elective on Muslim Personal Law (MPL). Additionally, the Centre for Legal Integration in Africa (CLIA) actively seeks opportunities to engage in collaborative online learning programmes in Islamic law. These initiatives include joint seminar sessions for both undergraduate (MPL) and postgraduate (LLM in Islamic Law and Jurisprudence) students in partnership with universities and other academic institutions.
While CLIA primarily focuses on Customary Law and its interaction with state legal systems, the MPLU specifically investigates the interface between state law and Sharia-based MPL in South Africa. Given that approximately two million Muslims in South Africa regulate aspects of their lives in accordance with Sharia, the MPLU critically examines how these laws evolve within modern legal frameworks and international human rights standards. Importantly, this research is conducted within a regional African context, particularly in relation to countries that share South Africa’s history of colonial legal influences.
Members of the Muslim Personal Law Unit (MPLU) aim to organize and participate in local, national, regional, and international conferences, symposia, seminars, and workshops focusing on Islamic legal pluralism. These engagements will serve as platforms for critical discourse, with peer-reviewed journal articles and book chapters emerging as scholarly contributions from these proceedings.
Currently, MPLU members actively participate in international collaborative research projects and serve on the editorial boards of several internationally recognized law journals. The unit remains committed to expanding its academic networks and welcomes opportunities for research linkages, interdisciplinary collaboration, and external funding support to further its objectives in the study and development of Islamic law within plural legal systems.
Attorney Ismail Mohamed serves as a legal advisor to the United Ulamaa Council of South Africa. In his presentation, he provided a critical analysis of the Constitutional Court’s judgment in the Women’s Legal Centre Trust case, examining its legal and socio-political implications for the Muslim community in South Africa. His discussion extended beyond the immediate legal ramifications to explore the recognition and regulation of Muslim marriages, analyzing their legal consequences through the lens of Islamic jurisprudence. His insights underscored the complexities of aligning Islamic legal principles with South Africa’s constitutional framework, particularly in relation to marriage, family law, and gender equality.
Shaykh Riad Fataar serves as the President of the Muslim Judicial Council (MJC) in the Western Cape, an institution long regarded as a cornerstone of the Muslim community. The MJC plays a central role in adjudicating matters related to marriage, divorce, and various religious affairs within the region.
In his presentation, Shaykh Fataar provided an in-depth examination of the role and functions of the MJC, addressing both its contributions and the challenges it faces. He engaged with critiques from Muslim women who have expressed concerns regarding their experiences with the MJC, particularly in matters of marital dissolution, where some have reported feelings of distress and trauma. Acknowledging these concerns, Shaykh Fataar offered insights into the steps taken to address them, while also highlighting the ongoing need for dialogue and reform to ensure a just and equitable process for all community members.
Sehaam Samaai, Director of the Women's Legal Centre Trust, has been at the forefront of advocating for women's rights in South Africa, with a particular focus on the legal challenges faced by Muslim women. She played a pivotal role in advancing gender justice through strategic litigation, policy development, and legal reform efforts. Notably, she was instrumental in the Women’s Legal Centre Trust case, which was brought before the Constitutional Court, seeking the legal recognition of Muslim marriages and the protection of the rights of Muslim women within the constitutional framework.
In her presentation, Samaai provided a critical analysis of the implications of the continued non-recognition of Muslim marriages, highlighting the legal, social, and economic consequences for women and children. She examined how this lack of recognition affects access to matrimonial property rights, inheritance, and legal recourse in cases of divorce, reinforcing the urgency for legislative and judicial interventions to address these systemic injustices. Her insights underscored the intersection of constitutional rights, gender equality, and religious freedom in shaping the discourse on Muslim personal law in South Africa.
Dr Shaykh Dawood Terblance is the head of the International Peace College of South Africa (IPSA). IPSA is South Africa's first Islamic institution accredited by the DHET, offering recognized programmes. It also conducts public initiatives and continually develops relevant academic offerings. To address the growing demands for authentic research and postgraduate studies, IPSA is launching a dedicated Chair and the School of Maqasid Studies. Dr. Shaykh Terblanche's talk examined the development of Muslim Personal Law in contexts where Islam is a minority faith, highlighting the legal and socio-political challenges faced in these jurisdictions. His analysis explored how legal frameworks adapt to accommodate Islamic principles while balancing constitutional and human rights imperatives. Additionally, he assessed comparative approaches in various legal systems, offering insights into the evolution and recognition of Muslim Personal Law in pluralistic societies.
Page updated
Report abuse