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An Analysis of the Right of a Muslim Spouse to Claim Pension Interest Subsequent to Divorce: A South African Case Study


Abduroaf, Muneer (2021). An Analysis of the Right of a Muslim Spouse to Claim Pension Interest Subsequent to Divorce: A South African Case Study. Electronic Journal of Islamic and Middle Eastern Law (EJIMEL), 9(1):1-8.

Abstract

Section 37D(1)(d)(i) of the Pension Fund Act 24 of 1956 enables a divorced spouse to claim pension interest from the pension fund organisation of his or her former wife or husband if certain requirements are met. This paper analyses the application of s 37D(1)(d)(i) to South African Muslims who married in terms of Islamic law only as well as those South African Muslims who married in terms of Islamic law as well as civil law. It highlights some of the problem areas found within the current application of the provision. The paper concludes with an overall analysis of the findings and makes a recommendation as to a way forward.

Abstract

Section 37D(1)(d)(i) of the Pension Fund Act 24 of 1956 enables a divorced spouse to claim pension interest from the pension fund organisation of his or her former wife or husband if certain requirements are met. This paper analyses the application of s 37D(1)(d)(i) to South African Muslims who married in terms of Islamic law only as well as those South African Muslims who married in terms of Islamic law as well as civil law. It highlights some of the problem areas found within the current application of the provision. The paper concludes with an overall analysis of the findings and makes a recommendation as to a way forward.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:Journals > Electronic Journal of Islamic and Middle Eastern Law (EJIMEL) > Archive > 9/2021 > Articles
Dewey Decimal Classification:340 Law
Language:English
Date:2021
Deposited On:20 May 2021 07:17
Last Modified:03 Jun 2021 14:36
Publisher:Center for Islamic and Middle Eastern Legal Studies (CIMELS), University of Zurich
ISSN:1664-5707
OA Status:Gold
Free access at:Publisher DOI. An embargo period may apply.
Official URL:https://www.ejimel.uzh.ch
  • Content: Published Version
  • Licence: Creative Commons: Attribution-NonCommercial-NoDerivs 3.0 Unported (CC BY-NC-ND 3.0)