oa Fundamina : A Journal of Legal History - "Work in progress" : some comments on the status of religious legal systems in relation to the Bill of Rights
The dialogue regarding the status of religious legal systems in South Africa has always been overshadowed by the controversy surrounding the legal status of customary law. Now that customary law has finally received constitutional recognition it is time to renew and to continue the debate with regard to the status of religious legal systems, especially in relation to the Bill of Rights.
Why is it important to comment on the status of religious legal systems in relation to the Bill of Rights? Religious communities such as Jews, Muslims and Hindus, follow practices that are, at this stage, not formally recognised in terms of South African law. The result is that adherents to these religious legal systems live under state law (common law) in the public sphere and under non-state law (religious customs and usages) in the private sphere.
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