key to the study guide - Name

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and Muslim marriages constitutes inequality before the law and unequal
protection and benefit of the law. It seems unlikely that a court would
consider the latter infringement justifiable.
QUESTIONS
NB: Make sure that you can answer these questions properly. They
are designed to test your knowledge of the study material in
this study unit.
. Introduction
(1) Why are Muslim marriages not yet fully recognised by South
African law?
. Recognition of Muslim marriages
(2) Give five examples of Acts or sections of Acts which recognise
Muslim marriages.
(3) Does a surviving Muslim spouse qualify as a ``spouse'' and
``survivor'' in terms of the Intestate Succession Act 81 of 1987 and
the Maintenance of Surviving Spouses Act 27 of 1990? Explain
your answer with reference to authority.
(4) Can a claim emanating from a Muslim marriage contract be
enforced in South African law? Explain your answer with reference
to authority.
(5) Does the surviving spouse in a monogamous Muslim marriage
have a claim for loss of support if his or her spouse is killed
through the negligent conduct of a third party? Explain your
answer with reference to authority.
. The Constitution and Muslim marriages
(6) Which constitutional values are relevant with regard to the issue
of the recognition of Muslim marriages?
(7) Discuss the constitutional arguments for and against the
recognition of Muslim marriages.
PLEASE NOTE THAT YOU SHOULD ALSO BE ABLE TO ANSWER
PROBLEM-TYPE QUESTIONS ON THE CONTENTS OF THIS
STUDY UNIT.
SUMMARY
In this study unit you learned
. why Muslim marriages are not yet fully recognised by South African
law
. that some Acts recognise Muslim marriages