Legal Pluralism and Marriage in South Africa Mukaddam, Fatima. creator author. aut http://id.loc.gov/vocabulary/relators/aut SpringerLink (Online service) text sz 2024 1st ed. 2024. monographic eng

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access XI, 152 p. online resource. This book presents an in-depth exploration of the intricate negotiations of married Muslim women within Cape Town’s Muslim communities, navigating the complexities of legal pluralism governed by Muslim Personal Law (MPL). Spanning historical epochs from colonialism to the democratic era, it argues that MPL’s informal status perpetuates patriarchal norms, especially in the domain of marriage. It critically examines the consequences of the non-recognition of Muslim marriages within the civil legal framework and underscores the ambiguous intersections of MPL with broader legal systems, which leaves women in a precarious legal state overshadowed by religious doctrines. Adopting a gender perspective and an interdisciplinary approach that combines political science, sociology, and the law, the book reveals the historical roots of legal pluralism, while also shedding light on the political strategies that have perpetuated gender-stratified citizenship. Despite all the democratic promises, legal pluralism persists, contributing to gender disparities, and the book critically examines the government’s reluctance to address the marginalisation of Muslim women, especially through the lens of the proposed Muslim Marriages Bill (MMB). This book is essential reading for scholars in the fields of law, sociology, and gender studies, offering critical insights into the intersections of legal systems, religion, and gender dynamics within Muslim communities in Cape Town. Introduction and Background -- Theoretically Contextualising the Project -- Contextualising Legal Pluralism -- South Africa’s History of Colonialism and Apartheid -- Locating Islam in South Africa: History of Mosques and Muslim Organisations -- Compromising Legislation – Upholding the Patriarchy -- Social Context of Women’s Experiences -- The Collusion of the Patriarchs -- Muslim Personal Law and the State: Legal Pluralism and Its Discontents. by Fatima Mukaddam. Human rights Law Philosophy Law History Private international law Conflict of laws International law Comparative law Religion and law Human Rights Theories of Law, Philosophy of Law, Legal History Private International Law, International and Foreign Law, Comparative Law Law and Religion K3236-3268.5 9783031546143 https://doi.org/10.1007/978-3-031-54614-3 https://doi.org/10.1007/978-3-031-54614-3 240511 20251030112036.0 978-3-031-54614-3