Religious freedom within a liberal constitution: an overview of Muslim personal law in South Africa

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Periodical article

Title:	Religious freedom within a liberal constitution: an overview of Muslim personal law in South Africa
Author:	McDonald, Zahraa
Year:	2014
Periodical:	Politikon: South African Journal of Political Studies (ISSN 1470-1014)
Volume:	41
Issue:	2
Pages:	209-226
Language:	English
Geographic term:	South Africa
Subjects:	family law Islamic law freedom of religion
External link:	https://doi.org/10.1080/02589346.2014.905254
Abstract:	The relationship between the state and religion is widely debated. This article contributes to the debate questioning whether legislating Muslim Personal Law (MPL) in South Africa would constrain constitutional provisions related to religious freedom. Seeking an answer to this question, a framework based on the liberal theory related to religious freedom is constructed and applied to an overview of the MPL process in South Africa. Conceivable outcomes in view of proposed legislation are then sketched, illustrating that legislating MPL in a manner that provides for religious sanction is likely to constrain constitutional provisions related to religious freedom. This does not, however, imply that Muslim marriages and MPL generally should not be recognised; only that legislative reforms must be void of religious sanction. Thus the article proposes that South African law be reformed to incorporate practices associated with MPL without religious sanction. Bibliogr., notes, ref., sum. [Journal abstract]