Recognition of Muslim Marriages in South Africa: A Conflicts Perspective

By Hendrika C. Roodt.

Published by The Diversity Collection

Format Price
Article: Print $US10.00
Article: Electronic $US5.00

The constitutional laws of non-unified legal systems provide many crucial answers in matters of internal conflict of laws. This aspect has been explored rather often in South African scholarly writing, but the preceding questions in relation to identifying the appropriate court and the applicable law have seldom been investigated. This article is a first, tentative step to link the models of multiculturalism to Conflict of Laws. It investigates whether the Conflict of Laws model for dividing jurisdiction and selecting the applicable law manages to avoid the basic problems of the models of multiculturalism, and whether this model is helpful in refining the transformative accommodation promised by the models of multiculturalism. It illustrates the capacity of Conflict of Laws to kick-start co-ordination among diverse legal systems and prompt courts towards transformative accommodation, as well as its latent potential for refining transformative accommodation. This potential reveals itself when hidden stumbling blocks are identified with accuracy.

Keywords: Unofficial Religious Laws, Muslim Marriage, Conflict of Laws, Cultural Diversity

International Journal of Diversity in Organizations, Communities and Nations, Volume 8, Issue 4, pp.137-152. Article: Print (Spiral Bound). Article: Electronic (PDF File; 652.432KB).

Dr. Hendrika C. Roodt

Lecturer, School of Law, University of Aberdeen, Aberdeen, UK

Christa Roodt teaches Private International Law at the University of Aberdeen, Scotland. Her research interest in Private International Law cuts across theory, doctrine and method. She focuses increasingly on methodological pluralism in the management of diversity. Other interests include legal aspects of the protection of cultural heritage, comparative law and “transsystemic” studies of aspects of culture and law.

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