A constitutional analysis of an Islamic will within the South African context

Muslims have been living in South Africa for over 300 years. These persons are required in terms of their religion to follow Islamic law. There has (to date) been no legislation enacted by the South African parliament that gives effect to Islamic law. South African Muslims are able to make use of existing South African law provisions in order to apply certain Islamic laws within the South African context. This paper investigates the constitutionality of an Islamic will left behind by a testator that has the effect of a son inheriting double the share of a daughter. The right to freedom of testation and the right to equality are first looked at by way of introduction. The constitutionality of the Islamic will is then be looked at. The paper concludes with an analysis of the findings and makes concluding remarks.