Lecture 20

Question 1

Muslim marriages

Question 2

Daniels v Campbell

Answer 2

1) Monogamous Muslim marriage
* Application of the Intestate Succession Act and the Maintenance of Surviving
Spouses Act
* Interpretation of “survivor” and “spouse”
* Discrimination

Question 3

Hassam v Jacobs

Answer 3

1) Polygynous Muslim marriage
2) Application of the Intestate Succession Act
3) Interpretation of “spouse”
4) Right to equality and human dignity
5) Unfair discrimination on the grounds of gender, religion and marital status
5) High Court: Maintenance of Surviving Spouses Act

Question 4

Moosa NO v Minister of Justice and Constitutional Development 2008

Answer 4

1) Section 2C(1) of the Wills Act
2) Interpretation of “surviving spouse”