scholarly journals A COMPARATIVE STUDY OF ISLAMIC AND SOUTH AFRICAN LAW ON LIVING AND CADAVERIC ORGAN DONATIONS: CONSENSUS AND DIVERGENCE

Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
SS Nadvi ◽  
M Osman-Hyder
Keyword(s):  
South Africa ◽  
Comparative Study ◽  
Organ Donation ◽  
South African ◽  
Islamic Law ◽  
Pivotal Role ◽  
Medical Professionals ◽  
Organ Donations ◽  
Cadaveric Organ ◽  
Islamic Faith

Religion plays a pivotal role in people’s attitude to organ donation. Generally, practising Muslims (adherents of the Islamic faith) are unlikely to consent to organ donation because they believe it is not in keeping with the tenets of Islamic law (Sharī`ah). Although there is a wealth of information on organ donation with reference to both South African and Islamic law, there has not been a study comparing the two sets of laws. The purpose of this article is to develop the literature on living and cadaveric organ donation by drawing a comparison between Islamic law and South African law on this issue. Apart from a few minor differences inherent in each set of laws, there is a startling consensus in South African law and Sunnī (mainstream) Islamic law on the issue of organ donation. This research is also significant in that it provides legal and medical professionals, academics and practitioners with an informed position from which to advise clients and/or patients. This may in turn raise awareness among clients and/or patients, which could result in a desirable increase in organ donation rates among Muslims in South Africa. This article makes a number of recommendations in this regard.

scholarly journals A COMPARATIVE EXPOSITION OF THE LAW OF HUSBAND AND WIFE IN TERMS OF ISLAMIC LAW, SOUTH AFRICAN LAW AND THE LAW OF ENGLAND AND WALES ‒ PART TWO

Obiter ◽  
2021 ◽  
Vol 42 (2) ◽  
Author(s):  
Razaana Denson
Keyword(s):  
South Africa ◽  
South African ◽  
Islamic Law ◽  
Legal Systems ◽  
England And Wales ◽  
English Law ◽  
The Law ◽  
Muslim Communities ◽  
Personal Law ◽  
Legal Consequences

The article discusses and compares the dissolution of a marriage as well as the legal consequences thereof in Islamic law, South African law and English law. This is done in order to demonstrate that despite similarities, there are vast differences between the three legal systems. This impacts on how Muslim personal law (MPL) can be recognised and regulated in South Africa and in England and Wales as constitutional democracies. South Africa, England and Wales share a commitment to human rights and have adopted various approaches in respect of accommodating the application of Islamic law. Internal pluralism also exists within the Muslim communities in South Africa, England and Wales as the majority of Muslims in these countries have to varying degrees developed diverse strategies to ensure compliance with Islamic law, as well as with South African and English law. Notwithstanding the accommodation of MPL in terms of South African and English law, the differences between these legal systems have resulted in decisions that, while providing relief to the lived realities of Muslims, are in fact contrary to the teachings and principles of Islam and therefore problematic for Muslims.

scholarly journals Comparing the Application of The Islamic Law of Succession and Administration of Estates in Singapore with South Africa

Obiter ◽  
2020 ◽  
Vol 41 (1) ◽  
pp. 122-135
Author(s):  
Muneer Abduroaf
Keyword(s):  
South Africa ◽  
South African ◽  
Islamic Law ◽  
South African Context ◽  
The South ◽  
Muslim Population ◽  
International Obligations ◽  
African Context ◽  
Law Of Succession ◽  
Liability Claims

This article investigates how the Islamic law of succession and administration of estates is applied in Singapore and South Africa with regard to the “Islamic will”. This kind of will includes a provision where the testator or testatrix states that his or her estate must be distributed in terms of the Islamic law of succession. This requires an Islamic law expert or an Islamic organisation to draft an Islamic distribution certificate stating who the beneficiaries of the person are. The distribution certificate is drafted after the testator or testatrix has died. An Islamic distribution certificate within the Singaporean context is specifically compared with one in the South African context. This article looks at whether features found in the Singaporean model can be applied to the South African context. An overview of the Muslim population in Singapore and South Africa is presented by way of introduction. This is followed by an examination of the constitutional and international obligations of the two countries in light of their equality provisions, and a comparative analysis of the Islamic law of succession and administration of estates in the two countries. The focus areas looked at are liability claims, testate succession claims and intestate succession claims. A brief analysis of the findings and concluding remarks are made at the end of the article.

scholarly journals A comparative study of different segments in the South African lending industry

2003 ◽  
Vol 34 (1) ◽  
pp. 13-26 ◽  
Author(s):  
J. Volschenk ◽  
N. Biekpe
Keyword(s):  
South Africa ◽  
Comparative Study ◽  
South African ◽  
Financial Services ◽  
Financial Industry ◽  
The South ◽  
Significant Agreement ◽  
Global Problem ◽  
The Poor

The efficiency and availability of financial services for the poor is a global problem, and has only recently started to attract attention in South Africa. This paper aims to examine the South African microfinance industry by comparing sector-related differences in the ranking of specific problems. Tests for the significance of differences (in the location of specific populations) indicate significant differences in perceptions regarding certain intra-industry segments within the microcredit industry. The recent arguments in favour of a single regulator imply that the financial industry as a whole (commercial and microlending sectors) is homogeneous in its priorities. However, the results in this paper suggest that there is no significant agreement between the priorities of the commercial and microlending industries.

scholarly journals DEKRIMINALISERING NIE DIE ENIGSTE STRUIKELBLOK IN SEKSWERKERS SE STRYD OM ARBEIDSREGTE

Obiter ◽  
2021 ◽  
Vol 31 (1) ◽  
Author(s):  
Hennie Oosthuizen ◽  
Rinda Botha
Keyword(s):  
South Africa ◽  
Comparative Study ◽  
South African ◽  
Sex Work ◽  
Sex Workers ◽  
Criminal Offence ◽  
Sex Trade ◽  
Independent Contractors ◽  
Labour Rights ◽  
Law Commission

Prostitution is at present still regarded as a criminal offence in South Africa. However, the possibility of the decriminalization of the sex trade enjoys serious consideration by the South African Law Commission. It is generally accepted that the position of sex workers (at present treated as illegal workers) regarding labour rights, will automatically improve with decriminalization. This article focuses mainly on whether indoor sex workers’ access to labour rights will indeed improve. The risk for sex workers of being treated as independent contractors, once decriminalized, in the main enjoys attention and becomes clear from a comparative study with theNetherlands and Victoria (Australia) where sex work has been practised as a legal occupation for several years.

scholarly journals Application of the Islamic Law of Succession in South Africa

Obiter ◽  
2020 ◽  
Vol 41 (2) ◽  
pp. 396-409
Author(s):  
Muneer Abduroaf
Keyword(s):  
South Africa ◽  
South African ◽  
Islamic Law ◽  
Religious Group ◽  
Muslim Country ◽  
South African Context ◽  
Practical Application ◽  
The South ◽  
African Context ◽  
Law Of Succession

Muslims have been living in South Africa for over 300 years. There are over 750 000 Muslims living in South Africa today. These persons constitute a minority religious group in a non-Muslim country. Muslims are required in terms of their religion to follow Islamic law. There has (to date) been no legislation enacted by the South African parliament that gives effect to Islamic law. South African Muslims can however make use of existing South African law provisions in order to apply certain Islamic laws within the South African context. This article looks at the practical application of the Islamic law of succession and administration of estates within the South African context by way of a fictitious scenario. It highlights some of the problem areas when a Muslim testator or testatrix bequeaths his or her estate in terms of Islamic law by means of a will (Islamic will).

scholarly journals South African and American sales managers: A comparative study

1993 ◽  
Vol 24 (1) ◽  
pp. 29-35
Author(s):  
Brian Van Der Westhuizen
Keyword(s):  
South Africa ◽  
Comparative Study ◽  
South African ◽  
Sales Management ◽  
The Other ◽  
Economic Environment ◽  
Sales Managers ◽  
Management Area ◽  
The Usa

The relatively unique socio-political and economic environment in South Africa frequently leads to the assertion that South African managers are very different when compared to their overseas counterparts. As far as could be ascertained, no studies have been conducted to test this presumption in the sales management area. In a recent study of two randomly selected groups of sales managers, one in South Africa and the other in the USA, it was established that there was substantial similarity between the two groups with respect to a number of areas of managerial behaviour.

Sustainability of composting as an alternative waste management option for developing countries: A case study of the City of Tshwane

2010 ◽  
Vol 29 (11) ◽  
pp. 1222-1231 ◽  
Author(s):  
Jacques Snyman ◽  
Kobus Vorster
Keyword(s):  
South Africa ◽  
Developing Countries ◽  
Waste Management ◽  
Comparative Study ◽  
South African ◽  
Emerging Countries ◽  
Management Problem ◽  
Management Option ◽  
The City

Excessive MSW production is a growing management problem for cities in developing countries, such as South Africa. This study addresses these challenges with particular focus on the City of Tshwane. A major problem in Tshwane is that all the MSW generated in the city, including garden waste, is currently being landfilled. A waste stream analysis of Tshwane reveals the largest fraction of MSW is organic and biodegradable, and therefore suitable for compost production. The study proposes that Tshwane will have to address composting the biodegradable fraction of the MSW stream. This study attempts to understand the economics of composting practices in Tshwane, whether composting in Tshwane is financially viable. A comparative study, applying the dome aeration technology on a conventional static windrow, was conducted with the objective of investigating and proposing alternative improved composting technologies for green waste. Although the study focused on Tshwane, it can be argued that the findings could be implemented in any other South African municipality, and even implemented in other emerging countries.

scholarly journals Lessons for South Africa from Singapore’s gifted education – A comparative study

2021 ◽  
Vol 41 (1) ◽  
pp. 1-8
Author(s):  
Annari Milne ◽  
Mike Mhlolo
Keyword(s):  
South Africa ◽  
Comparative Study ◽  
South African ◽  
Inclusive Education ◽  
Gifted Education ◽  
Coherent System ◽  
Full Potential ◽  
International Studies ◽  
Curriculum Structure ◽  
Ability Levels

Since 1999 South African learners have participated in various international studies but sadly the learners have continued to perform dismally, which brings to question the quality of their education. Meanwhile, Singaporean students have been among the top achievers in all these competitions. Many comparative studies have been done between different nations and Singapore, but in few, if any, of these studies the focus has been on comparisons regarding gifted education. Singaporean policies and practices on gifted education generally prioritise a commitment to engaging learners from all ability levels with appropriately challenging curricula and instruction. In this article we report on a comparative study between the Singaporean and South African education systems. Three frames, (a) political context (b) curriculum structure and (c) loose coupling shaped the analysis. Results show that both countries had similar challenges at the point of independence from colonial rule and yet, they responded differently to those challenges. Singapore implemented inclusive education driven by excellence while South Africa’s inclusive education is driven by equity without excellence. South Africa has a one-size-fits-all curriculum, whereas Singapore has alternatives that create multiple pathways for learners to reach their full potential. Although gifted education is being proposed in current South African pronouncements, there is no evidence of coherence in terms of its implementation. Meanwhile, Singapore has a coherent system that ensures their policies move from theory into practice. All these are lessons that South Africa can learn.

scholarly journals On South African Violence Through Giorgio Agamben’s Biopolitical Framework: A Comparative Study Of J.M. Coetzee’s Disgrace And Z. Mda’s Ways Of Dying

2014 ◽  
Vol 49 (4) ◽  
pp. 21-36
Author(s):  
Ryszard Bartnik
Keyword(s):  
South Africa ◽  
Comparative Study ◽  
South African ◽  
The Other ◽  
Mental Maps ◽  
The Past ◽  
The Social ◽  
Democratic Rule

Abstract In this article I argue that the developments of countries going through transition from authoritarian to democratic rule are always stamped by numerous references to formerly sanctioned and fully operational institutionalized violence. A perfect exemplification of this phenomenon is [post-] apartheid South Africa and its writing. In the context of the above, both the social and the literary realm of the 1990s might be perceived as resonant with Giorgio Agamben’s ‘concentrationary’, deeply divisive imaginary. Escaping from, and concurrently remembering, past fears, anxieties, yet seeking hope and consolation, the innocent but also the formerly outlawed and victimized along [interestingly enough] with [ex]perpetrators exemplify, as discussed in J. M. Coetzee’s and Z. Mda’s novels, the necessity of an exposure of the mechanism of South African ‘biopoliticization’ of life. Their stories prove how difficult the uprooting of the mentality of segregation, hatred and the policy of bracketing the other’s life as insubstantial, thus vulnerable to instrumental violence, in [post-] apartheid society was. In view of the above what is to be highlighted here is the authorial perception of various attempts at disavowing past and present violence as detrimental to South African habitat. In the end, coming to terms with the past, with the belligerent nature of local mental maps, must inevitably lead to the acknowledgement of guilt and traumatic suffering. Individual and collective amnesia conditioned by deeply-entrenched personal culpability or personal anguish is then construed as damaging, and as such is subject do deconstructive analysis.

scholarly journals Dilemma of Muslim women regarding divorce in South Africa

2017 ◽  
Vol 7 (2) ◽  
pp. 43
Author(s):  
N Gabru
Keyword(s):  
South Africa ◽  
South African ◽  
Islamic Law ◽  
Family Law ◽  
Muslim Women ◽  
Daily Basis ◽  
The South ◽  
The Right ◽  
Legal Grounds ◽  
Law Commission

On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married in terms of the Islamic law only. The reason for this is due to the fact that Muslim marriages are currently not recognised as valid marriages in terms of South African law. The courts have stated that the non-recognition of Islamic marriages is based on the fact that such marriages are potentially polygamous.In South Africa, marriages may be dissolved by the death of one of the spouses or by divorce. In terms of the Divorce Act, a decree of divorce will be granted by a court of law. Islam grants the husband the right of divorce and also grants the wife the right to request and apply to dissolve the marriage through what is known as Khula, the woman also has the right to a delegated divorce. If the husband dissolves the marriage by divorcing his wife, he cannot retrieve any of the gifts he has given her. Islam further makes provision for the "reasonable maintenance" of divorced women.  The non-recognition of Islamic marriages has the effect that a person married in terms of Shari'ah only, has no right to approach a court of law for a decree of divorce and, unless a husband divorces his wife in terms of the Shari'ah, the wife is trapped in a marriage, even if the marriage has broken down irretrievably. Thus a custom in South Africa has developed, whereby Muslim husbands refuse to divorce their wives in terms of Islamic law, so as to punish the wife. The wife in turn cannot make use of the South African judiciary to obtain a divorce, because of the non-recognition of her marriage. This is a burden, which is in direct conflict with Islamic law. In 2000 a Bill was drafted by the South African Law Commission. This act will recognise Islamic family law within a constitutional framework. This article deals with the dilemma that a Muslim woman is faced with in South Africa with regards to divorce.

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