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  • 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.


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


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


Chapter 11 Civil marriage between African people


Chapter 12 The formation of a Hindu marriage

Chapter 13 Dissolution of a Hindu marriage


Chapter 14 The formation of a Muslim marriage (Nikah)

Chapter 15 Dissolution of a Muslim marriage

Chapter 16 Accommodating legal pluralism

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