Tel: 012 342 2765 | marketing@vanschaiknet.com

  • Legal pluralism in South Africa - aspects of African customary, Muslim and Hindu family law
  • Mofokeng LL
  • ISBN: 9780627027628
  • eISBN: 9780627028793
  • ePub ISBN: N/A
  • 182 Pages | Published: 2009

South Africa is a pluralistic society comprising different social groups and systems of personal law and cultural or religious beliefs, all of which are constitutionally protected against any form of unfair discrimination. Legal pluralism focuses specifically on the recent developments in South African law concerning the legal recognition of African Customary marriages and aspects of Hindu and Muslim religious marriages.

Legal pluralism outlines the origins of prominent African customary laws and religious legal systems, as well as the extent to which they have been applied and retained in the South African legal system. It includes a thorough analysis of the legal implications of the Recognition of Customary Marriages Act 120 of 1998; section 5A of the Divorce Act; the Recognition of Muslim Marriages Bill; the Natal Code of Zulu Law Proc R151 of 1987; and a number of the Court decisions dealing with various aspects of religious and customary marriages.

Topics covered include the following:

  • The legal significance of extended families according to personal law
  • Proof of existence of a customary marriage
  • The effect of affiliation: custody and guardianship
  • Polygamy
  • The doctrine of religious entanglement
  • Legal pluralism and personal family law
  • Forms of religious and customary marriages

Legal pluralism is aimed at lawyers, students and academics alike.

PART ONE: LEGAL PLURALISM

Chapter 1 Introduction to legal pluralism and personal family law

Chapter 2 Historical and modern sources of personal law

Chapter 3 Forms of personal law marriage

Chapter 4 The extent of legal recognition of religious marriages in South Africa

PART TWO: CUSTOMARY FAMILY LAW

Chapter 5 Introduction to African customary marriages

Chapter 6 Customs that may precede the celebration of a customary marriage

Chapter 7 The formation of a customary marriage

Chapter 8 Consequences of a customary marriage

Chapter 9 Dissolution of a customary marriage

Chapter 10 Children and African customary law

PART THREE: CIVIL MARRIAGES

Chapter 11 Civil marriage between African people

PART FOUR: HINDU FAMILY LAW

Chapter 12 The formation of a Hindu marriage

Chapter 13 Dissolution of a Hindu marriage

PART FIVE: MUSLIM FAMILY LAW

Chapter 14 The formation of a Muslim marriage (Nikah)

Chapter 15 Dissolution of a Muslim marriage

Chapter 16 Accommodating legal pluralism

All source material (excluding figures and tables) has been supplied in an editable format (Microsoft Office) and you can fully customise it to your needs.

Please click on the link below to access the Lecturer Support Material (LSM) portal:

LSM Portal

If this is the first time you access Van Schaik Publishers LSM, you will need to register and set up a profile. Once your registration has been approved you will be sent an email and will then be able to request access to the resources you need for a particular book. You will also be able to request access to the resources of additional books using your profile.

We welcome any suggestions regarding new or additional resources. For any queries or feedback please contact our digital publisher at lsm@vanschaiknet.com. The material available varies from book to book and may also be developed further over time.

If you are uncertain about the registration and access request procedures, please download the LSM Manual.

LSM Manual

Lecturer Support Material is available free to lecturers who lecture on courses where the book is prescribed but samples are also available should you wish to review what is available as part of your prescribed book selection process. Please contact your Marketer for access to the sample LSM.

Student requests for LSM will not be entertained and any attempts by students to access lecturer support material will be reported to a student’s lecturer or to the Head of Department.