A Brief Analysis of the Status of a Transgender Beneficiary for Purposes of an Islamic Will Within the South African Context

Abstract

A Muslim within the South African context can ensure that his or her compulsory estate devolves in terms of the Islamic law of compulsory succession by virtue of executing a will, that includes a clause to this degree. This article looks at a fictitious scenario where a testator (X) executes an Islamic will and leaves behind a son (Y) and a transgender son (Z) (whose birth-assigned sex was female and identifies as male) as his only relatives. This article looks at the right of Z to inherit in terms of the Islamic will.