Browsing Journals by Author "Osman, Fatima"
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Comment on the single marriage statute : implications for customary marriages
Osman, Fatima (PER/PELJ, 2021)The South African Law Reform Commission has proposed a single marriage statute to reconcile the several enactments regulating marriage in South Africa. This comment argues that the Bill should include old customary ... -
The consequences of the statutory regulation of customary law: an examination of the South African customary law of succession and marriage
Osman, Fatima (PER/PELJ, 2019)In pluralistic legal systems, the regulation of non-state law through statute carries the risks associated with codification; namely the ossification and distortion of law. This article examines the effects of statutory ... -
King v De Jager : Implications for Religion Based Discrimination in Wills
Osman, Fatima; Effendi, Gökşen (PER/PELJ, 2022)In King v De Jager 2021 5 BCLR 449 (CC), the Constitutional Court held that a clause in a private will that unfairly discriminated against beneficiaries based on gender was unlawful and unenforceable. This note considers ... -
Legislative prohibitions on wearing a headscarf: are they justified?
Osman, Fatima (2014)A headscarf, a simple piece of cloth that covers the head, is a controversial garment that carries various connotations and meanings. While it may be accepted as just another item of clothing when worn by non-Muslim women, ...