Legal Capacity with Specific Reference to the Marriage Contract

1991 ◽  
Vol 6 (2) ◽  
pp. 190
Author(s):  
Dawoud S. El Alami
1991 ◽  
Vol 6 (2) ◽  
pp. 190-204
Author(s):  
Dawoud S. El Alami

Obiter ◽  
2021 ◽  
Vol 33 (3) ◽  
Author(s):  
Marita Carnelley ◽  
Suhayfa Bhamjee

This article compares the South African civil-law and Islamic-law positions with regard to the financial protective measures available to a wife at the time of marriage and divorce. In this regard, the respective matrimonial property systems are discussed, with special emphasis on civil antenuptial and Muslim marriage contracts. In addition, other protective measures inherent to the two systems to prevent prejudice both during the marriage and at the time of divorce, are discussed. It is submitted that, although the provisions of Islamic law do not provide the same financial protection for wives compared to the South African civil law, the Islamic concept of mahr could potentially be used in the Muslim marriage contract to enhance financial security of a Muslim wife at the time of divorce. The article also considers dual marriages where the same spouses marry each other in terms of both civil and Islamic law. In particular, the incorporation of the Islamic concept of mahr into civil antenuptial contracts is discussed with reference to the legal position in Canada to illustrate potential legal problems. 


2021 ◽  
Author(s):  
Alina Igorevna Petrakova ◽  
Alina Dmitrievna Sizykh

2016 ◽  
Vol 22 ◽  
pp. 293
Author(s):  
Rajesh Rajput ◽  
Bhagat Singh ◽  
Vasudha Goel ◽  
Amit Verma ◽  
Shashi Seth ◽  
...  

2019 ◽  
Vol 5 ◽  
pp. 271-274
Author(s):  
V.A. Pryhotskyi ◽  
◽  
O.M. Oliinyk ◽  
◽  
Keyword(s):  

Author(s):  
John Mubangizi

That National Human Rights Institutions (NHRIs) play an important role in the protection and promotion of human rights is a well-known fact. This has been widely acknowledged by the United Nations (UN). Also well-known is the fact that several African countries have enacted new constitutions during the last two to three decades. One of the most salient features of those new constitutions is that they establish NHRIs, among other things. Given their unique role and mandate, these NHRIs can and do play an important role in the realisation of the sustainable development goals contained in the UN 2030 Agenda for Sustainable Development. Adopting a case study approach, this article explores the role NHRIs have played in the promotion and protection of human rights in selected African countries and implications for sustainable development in those countries. The main argument is that there are several lessons African countries can learn from each other on how their NHRIs can more meaningfully play that role. Accordingly, best practice and comparative lessons are identified and it is recommended that NHRIs can contribute to sustainable development more meaningfully if they can make themselves more relevant, credible, legitimate, efficient and effective.


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