An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit from His or Her Deceased Parent in terms of the Law of Succession: A South African Case Study

Muneer Abduroaf Muneer Abduroaf

doi:10.17159/obiter.v42i1.11060

Abstract

This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South African and Islamic law of intestate succession is first investigated. Thereafter, the status of the child in the South African and Islamic law of testate succession is discussed. The article further looks at the possibility of applying the Islamic law of succession provisions concerning a Muslim child born out of wedlock to the distribution of a deceased estate within the South African legal framework. The article concludes with an analysis of the findings and makes recommendations.

Highlights

This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession.[2]
This article looked at the right of a Muslim child born out of wedlock to inherit from his or her deceased parents within the South African context
The findings have shown that the status of the child in terms of the Islamic law of succession and the South African law of succession is quite different and that Muslims are required in terms of Islamic law to ensure that their estates are distributed in terms of the Islamic law of succession upon their demise

Summary

SUMMARY

This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context.[1] The status of the child in the South African and Islamic law of intestate succession is first investigated. Thereafter, the status of the child in the South African and Islamic law of testate succession is discussed. The article further looks at the possibility of applying the Islamic law of succession provisions concerning a Muslim child born out of wedlock to the distribution of a deceased estate within the South African legal framework. The article concludes with an analysis of the findings and makes recommendations

INTRODUCTION

18 See Khan The Noble Qur’an

19 See Khan The Noble Qur’an

CONCLUSION