Academic literature on the topic 'Insurance law (Islamic law) – South Africa'
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Journal articles on the topic "Insurance law (Islamic law) – South Africa"
Abduroaf, Muneer. "Application of the Islamic Law of Succession in South Africa." Obiter 41, no. 2 (October 1, 2020): 396–409. http://dx.doi.org/10.17159/obiter.v41i2.9159.
Full textGabru, N. "Dilemma of Muslim women regarding divorce in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 2 (July 10, 2017): 43. http://dx.doi.org/10.17159/1727-3781/2004/v7i2a2849.
Full textMuneer Abduroaf. "Comparing the Application of The Islamic Law of Succession and Administration of Estates in Singapore with South Africa." Obiter 41, no. 1 (April 1, 2020): 122–35. http://dx.doi.org/10.17159/obiter.v41i1.10553.
Full textJeenah, Na'eem. "The national liberation struggle and Islamic feminisms in South Africa." Women's Studies International Forum 29, no. 1 (January 2006): 27–41. http://dx.doi.org/10.1016/j.wsif.2005.10.004.
Full textTuba, Maphuti David. "Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA) and the Enforcement of Islamic Banking Law in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (March 16, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1308.
Full textKholvadia, Faatima. "Islamic banking in South Africa – form over substance?" Meditari Accountancy Research 25, no. 1 (April 10, 2017): 65–81. http://dx.doi.org/10.1108/medar-02-2016-0030.
Full textOdeku, Kola O. "The Potential Role of Insurance Law in Addressing Climate Change-related Risks and Disasters in South Africa." Journal of Human Ecology 39, no. 2 (August 2012): 103–13. http://dx.doi.org/10.1080/09709274.2012.11906503.
Full textViviers, Suzette, and Colin Firer. "Responsible investing in South Africa: A retail perspective." Journal of Economic and Financial Sciences 6, no. 1 (April 30, 2013): 217–42. http://dx.doi.org/10.4102/jef.v6i1.285.
Full textWayburne, Paul A. "Substantive equality and adverse effect discrimination in the context of National Health Insurance in South Africa." South African Journal on Human Rights 32, no. 1 (January 2, 2016): 26–47. http://dx.doi.org/10.1080/02587203.2016.1162434.
Full textHuneberg, Samantha. "The Future of Robo-Advisors in the South African Insurance Industry: Is the South African Regulatory Framework Ready?" South African Mercantile Law Journal 32, no. 2 (2020): 175–204. http://dx.doi.org/10.47348/samlj/v32/i2a1.
Full textDissertations / Theses on the topic "Insurance law (Islamic law) – South Africa"
Moosa, Ebrahim. "Application of Muslim personal & family law in South Africa : law, ideology and socio-political implications." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/14344.
Full textWhat I have coined as 'politics' occur at two levels, namely at the level of the differing political perceptions of Muslims and at the level of how they interact with the modern-state. This study approaches the subject from two angles. The first deals with a community's self-perception in relation to its religious symbols and values. The second involves an understanding of the human reality we experience. Law, ideology, economics and a host of other forces dictate the destinies of people. It is against the backdrop of the above two levels that the implications of the implementation of MPL [Muslim Personal Law] is examined in this thesis. It must be said at the outset that MPL has as yet not been applied in South Africa. The debate regarding its implementation has only begun. This thesis thus looks into the dynamics of this experience. Some aspects of the debate is also based on projections and comparative studies.
Moolla, Mohammed. "The imperative to implement Muslim personal law in South Africa." University of Western Cape, 2021. http://hdl.handle.net/11394/8358.
Full textIt has been more than 25 years since the Interim Constitution came into effect and a Bill of Rights was introduced. Yet Muslim Personal Law ( still has no lega l recognition in South Africa. This the sis investigates how this causes serious problems for Muslim women who suffer grave injustices upo n divorce due to the non recognition and non regulati on of Muslim marriages It highlights t he State refus al to enact legislation despite the dicta and obiter comments from the courts spanning more than two decad es enjoining the state to effect legislation to achieve this purpose. South African law is still fundamentally lacking in the recognition of the rights of parties to marriages contracted only in terms of M PL . For couples married in accordance with civil law, marriages and divorces are dealt with under the relevant statutes, namely the Marriage Act 25 of 1961, t he Civil Union Act 17 of 2006 and the Divorce Act 70 of 1979. No provision has been made in statu tor y law for MP L . Previously the courts have held that this was due to the potentially polygyn ous nature of Muslim marriages. Muslim m arriages are inadequately regulated resulting in serious hardships to Muslim women and children. This thesis furthermore inve stigate s the need to recognize MPL .
Deonandan, Nirvana. "Insurance warranties in South Africa: consideration of reform of the law on insurance warranties in South Africa and why there is a need for such reform." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31556.
Full textSuleman, Yasser. "The legislative challenges of Islamic banks in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2011. http://hdl.handle.net/10019.1/21644.
Full textThe Islamic Banking industry has been one of the fastest growing industries worldwide with a compound annual growth rate of 28% between 2006 and 2009(Reuters, 2010). These growth rates were experienced amidst the worst economic meltdown the world has seen in decades. This is a clear indication that there is a high level of confidence in the industry. Although the industry has existed for centuries, the past few decades have brought about a revival in Islamic banking. Many Western countries are recognising the industry’s importance and have taken various steps in supporting the establishment of it. South Africa has also taken such steps and has a vision of becoming a hub for Islamic banking on the African continent. This mini thesis examines the differences in nature of the underlying principles of Islamic and conventional banking which then brings to the fore the various challenges that exist in the unhindered functioning of Islamic banks within Western countries. These challenges revolve around institutional and legal frameworks, regulatory and supervisory bodies, South African Reserve Bank requirements, interest, taxation and conceptual understandings. In order to provide recommendations to address these challenges, case studies of Islamic banking in both, Islamic and Western countries were conducted. These case studies provided insight into how countries have addressed similar challenges and to what degree were they successful. This provided the basis from which recommendations were made for Islamic banking to function efficiently and effectively in South Africa and for the country to achieve its goal of becoming a hub of Islamic banking on the African continent.
Prinsloo, Adam. "The need to reform promissory warranties in South African insurance law." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/78884.
Full textMini Dissertation (LLM (Insurance Law))--University of Pretoria, 2020.
Mercantile Law
LLM (Insurance Law)
Unrestricted
Moosa, Najma. "A comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implications for the Muslim woman." University of Western Cape, 1991. http://hdl.handle.net/11394/7497.
Full textAs a Muslim south African trained in South African Roman-Dutch law, I have been exposed to experiences/situations which indicate a conflict between the principles of South African Roman-Dutch law and Islamic law of succession. This has prompted me to do some research into the history of Islamic law, the spreading of Islamic law over large parts of the world and the question of the recognition and application of Islamic law in South Africa. The central theme of this study is the Islamic law of succession in so far as it affects women. Chapter One of my dissertation contains a brief historical background which outlines on the one hand, the nomadic society, women and succession in pre-Islamic Arabia and on the other, their improved position upon the advent of Islam {seventh century) . It ends with the historical background of Muslims in South Africa. Chapter Two is devoted to the marriage property background against which both the South African and Islamic law of succession operate. Thereafter, in Chapter Three, the South African law and Islamic law (substantive rules} of succession are compared. These include both intestate and testamentary succession, the latter being limited on the Islamic side. Chapter Four, with the backgrounds sketched in Chapters Two and Three, demonstrates the visible internal conflicts between the Islamic and South African law of marriage and succession as encountered in South African practice. After evaluating statistics and alternative solutions in this regard, and having arrived at certain conclusions, I propose that recommendations about the possible recognition and application of Muslim Personal Law in South Africa which is at present enjoying the attention of the South African Law Commission in Project 59 should see fruition and be implemented as it can only assist the society in closer inspection are riddled with controversies. Chapter Six explores the treatment received by a Muslim widow, daughter and mother in terms of their respective fixed "intestate" shares and its implications for modern twentieth century society. which we live since it is a vital aspect affecting our daily lives {and deaths!). Chapter Five covers the whole aspect of the Muslim testator or testatrix' s limited "freedom" of testation and reforms by certain forerunner countries in this regard which on closer inspection are riddled with controversies. Chapter Six explores the treatment received by a Muslim widow, daughter and mother in terms of their respective fixed "intestate" shares and its implications for modern twentieth century society.
Mathekgane, Justice Mpho. "The laws regulating National Health Insurance scheme :prospects and challenges." Thesis, University of Limpopo, 2013. http://hdl.handle.net/10386/2542.
Full textSurtee, Bibi Fatima. "The accommodation of the Islamic law institution of Takaful under the South African insurance law." Diss., 2017. http://hdl.handle.net/10500/25301.
Full textPublic, Constitutional and International Law
LL. M. (Public, Constitutional and International Law)
Toffar, Abdul Kariem. "Administration of Islamic law of marriage and divorce in South Africa." Thesis, 1993. http://hdl.handle.net/10413/7352.
Full textKholvadia, Faatima. "Islamic banking in South Africa - form over substance." Thesis, 2016. http://hdl.handle.net/10539/22219.
Full textThe purpose of this study is to analyse the operational economics of Islamic banking transactions in South Africa and to understand how the economics of these transactions lead to the IFRS accounting. The study also aims to highlight the similarities and differences of accounting for these transactions using IFRS, across the different South African banks. The transactions analysed are deposit products of qard and mudaraba and financing products of murabaha, ijarah and diminishing musharaka. The study was conducted through interviews with representatives from each of the four South African banks which offer Islamic banking products. Interviews were semi-structured and allowed for interviewees to voice their perspectives increasing the validity of the interviews. The study found that the specific Shariah requirements of Islamic banking transactions are considered and included in the structure of the contracts by all four banks offering Islamic banking products. However, the economic reality of these transactions closely resembles conventional banking transactions. The study also found that all four banks account for Islamic banking transactions using IFRS but the accounting does not match the Shariah requirements of each transaction, creating a cognitive dissonance between the accounting and the contractual form of the transactions. This study is the first of its kind in South Africa. The study adds to the IASB Consultative Group discussion on accounting for Islamic banking transactions under IFRS. Key words: Conceptual Framework, diminishing musharaka, IFRS, ijarah, Islamic banking, mudaraba, murabaha, qard
MT2017
Books on the topic "Insurance law (Islamic law) – South Africa"
Omar, Mahomed Shoaib. The Islamic law of succession and its application in South Africa. Durban: Butterworths, 1988.
Find full textNicholson, C. R. A manual on social pensions in South Africa. Durban: Legal Resources Centre (Durban), 1987.
Find full textLegal pluralism in South Africa: Aspects of African customary, Muslim and Hindu family law. Hatfield, Pretoria: Van Schaik, 2009.
Find full textNienaber, Peet. Life insurance in South Africa: A compendium : a perspective from the office of the Ombudsman for Long-term Insurance. Durban: LexisNexis, 2009.
Find full textKlopper, H. B. Casebook on third party compensation. Durban: Lexisnexis Butterworths, 2004.
Find full textKlopper, H. B. The law of third-party compensation: In terms of the Road Accident Fund Act 56 of 1996. Durban: LexisNexis, 2012.
Find full textCanada. Parliament. House of Commons. Bill: An act to provide for the expenses of the Canadian volunteers serving Her Majesty in South Africa. Ottawa: S.E. Dawson, 2003.
Find full textCanada. Parliament. House of Commons. Bill: An act respecting the members of the North-West Mounted Police Force on active service in South Africa. Ottawa: S.E. Dawson, 2003.
Find full textSanders, A. J. G. M., ed. The Internal conflict of laws in South Africa. Durban: Butterworths, 1990.
Find full textReid, Kenneth G. C., Marius J. de Waal, and Reinhard Zimmermann, eds. Comparative Succession Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850397.001.0001.
Full textBook chapters on the topic "Insurance law (Islamic law) – South Africa"
Knobel, Johann C. "South Africa." In Tort and Insurance Law, 484–516. Vienna: Springer Vienna, 2002. http://dx.doi.org/10.1007/978-3-7091-6120-3_21.
Full textNeethling, Johann. "Punitive Damages in South Africa." In Tort and Insurance Law, 123–36. Vienna: Springer Vienna, 2009. http://dx.doi.org/10.1007/978-3-211-92211-8_8.
Full textNeethling, Johann. "South Africa Liability for Acts of Terrorism Under South African Law." In Tort and Insurance Law, 72–87. Vienna: Springer Vienna, 2004. http://dx.doi.org/10.1007/978-3-7091-0629-7_7.
Full textKuschke, Birgit, and Daleen Millard. "Transparency in Insurance Law and Regulation: In South Africa." In Transparency in Insurance Regulation and Supervisory Law, 491–517. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-63621-0_22.
Full textKuschke, Birgit, and Daleen Millard. "Transparency in the Insurance Contract Law of South Africa." In AIDA Europe Research Series on Insurance Law and Regulation, 655–82. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-31198-8_27.
Full textHuneberg, Samantha. "What Can the Insurance Distribution Directive “Offer” the South African Microinsurance Model?" In AIDA Europe Research Series on Insurance Law and Regulation, 219–51. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-52738-9_10.
Full textVan Niekerk, J. P. "Insurance Law." In Southern CrossCivil Law and Common Law in South Africa, 435–80. Oxford University Press, 1996. http://dx.doi.org/10.1093/acprof:oso/9780198260875.003.0015.
Full text"South Africa – Constitutional Challenges for Islamic Law." In Women Under Islam. I.B.Tauris, 2011. http://dx.doi.org/10.5040/9780755609918.ch-004.
Full textMpedi, Letlhokwa George, and Mathias Nyenti. "Social insurance in South Africa: are there lessons to be learnt from the German experience?" In Transnational impacts on law: perspectives from South Africa and Germany, 449–80. Nomos Verlagsgesellschaft mbH & Co. KG, 2017. http://dx.doi.org/10.5771/9783845287775-449.
Full textGassner, Ulrich M. "Comment on: "Social insurance in South Africa: are there lessons to be learnt from the German experience?"." In Transnational impacts on law: perspectives from South Africa and Germany, 481–90. Nomos Verlagsgesellschaft mbH & Co. KG, 2017. http://dx.doi.org/10.5771/9783845287775-481.
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