Examples of Muslim marriage in a sentence
Sharia applies in domestic matters, including Muslim marriage, divorce, and inheritance.
None of the recent cases extending contractual duties of support outside of marriage has afforded a right to claim support against a living partner after the relationship has ended, except for the cases involving Islamic marriages in which the duty to maintain for the iddaah period is expressly stipulated in the Muslim marriage contract.
Notwithstanding anything in the foregoing or otherwise herein, the Warrant Holder retains the right to exercise the Subject Warrants or any other Warrants and may exercise such right at any time prior to the end of the Observation Period including the last day of such period even if the Warrant Holder has previously agreed to tender such Subject Warrants or any other Warrants.
By comparison, the absence of the choice argument in several of the Muslim marriage cases87 is therefore remarkable.
In any event, it would be unjust to grant a widow in a monogamous Muslim marriage the protection offered by the Act and to deny the same protection to a widow or widows of a polygynous Muslim marriage.’ [20] Although the above was stated in the context of polygynous Muslim marriages, by parity of reasoning, it equally applies to polygynous marriages concluded in accordance with customary law.
Tolaq-i-Tafwid, Fask (Anulment of marriage by court) provision of dissolution of Muslim marriage Act.
The traditional Muslim marriage will begin with an arrangement between the parents for the union of the children.
Accordingly, the applicant as well as the third respondent was deemed to be “survivors” and “spouses” of the deceased.Moreover, the court held that the relevant section (s 1(4)(f)) of the ISA was inconsistent with the Constitution as it only made provision for a spouse in a de facto monogamous Muslim marriage to be an heir in the intestate estate of the deceased husband.
In Hassan v Jacobs NO ([2008] 4 All SA 350 (C)) the High Court of South Africa (Cape of Good Hope Provincial Division) was faced with the question of whether the applicant, a spouse to a de facto polygamous Muslim marriage, was entitled to the benefits as provided to a surviving spouse in terms of Intestate Succession Act (81 of 1987 (hereinafter “the ISA”)) as well as the Maintenance of Surviving Spouses Act (27 of 1990 (hereinafter “the MSSA”)).
In other words, the court had to decide whether the decision in the case Daniels v Campbell NO (2004 5 SA 331 (CC), where it was held that the word “spouse” as utilised in the ISA and MSSA should be interpreted to include a husband and wife married in terms of Islamic rites in a de facto monogamous marriage, could be extended to parties in a de facto polygamous Muslim marriage.