THE APPLICABILITY OF THE ISLAMIC LAW OF SUCCESSION IN SOUTH AFRICA

Abstract

Islamic law is divine law since it is based on the totality of the commands of Allah as embodied in the Holy Qur’an. The non-recognition of Muslim personal law has resulted in great prejudice for Muslims residing in South Africa. The general principles of the Islamic law of succession are prescribed in the Qur’an. The Qur’an fixes the shares of each individual. The shares of the heirs as determined by the
Qur’an are binding on all Muslims. In accordance with Shari’ah the testator is allowed to bequeath one-third of his estate.
The focus of this article is to give an overview of the Islamic law of inheritance with the aim of increasing awareness that South African Muslims can implement the Islamic law of inheritance by means of drafting a valid will, without any difficulty.