oa News and Views for Magistrates - Muslim women gain maintenance and inheritance rights

Volume 2004, Issue 07
  • ISSN :



Extracted from text ... NEWS & VIEWS FOR MAGISTRATES 7 The decision of the Constitutional Court of Juleiga Daniels v Robin Grieve Campbell and 9 others was handed down on 11 March 2004. The case concerned the constitutional validity of the Intestate Succession Act 81 of 1987 and the Maintenance of Surviving Spouses Act 27 of 1990 in so far as they failed to include persons married according to Muslim rites as spouses for the purposes of these Acts. In Daniels the Constitutional Court declared that: (i) the word "spouse" as used in the Intestate Succession Act, includes the surviving partner to a monogamous ..

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