An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit from His or Her Deceased Parent in terms of the Law of Succession: A South African Case Study

Authors

  • Muneer Abduroaf

DOI:

https://doi.org/10.17159/obiter.v42i1.11060

Keywords:

Muslim child, wedlock, inherit, law of succession, status of the child, intestate succession, testate succession, deceased estate

Abstract

This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South African and Islamic law of intestate succession is first investigated. Thereafter, the status of the child in the South African and Islamic law of testate succession is discussed. The article further looks at the possibility of applying the Islamic law of succession provisions concerning a Muslim child born out of wedlock to the distribution of a deceased estate within the South African legal framework. The article concludes with an analysis of the findings and makes recommendations.

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Published

2021-04-30

How to Cite

Muneer Abduroaf. (2021). An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit from His or Her Deceased Parent in terms of the Law of Succession: A South African Case Study. Obiter, 42(1), 126–135. https://doi.org/10.17159/obiter.v42i1.11060

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Articles