Najma Moosa
Biographic Data
| ID | 1184477 |
|---|---|
| NAME | Najma Moosa |
| GIVEN NAMES | Najma |
| FAMILY NAME | Moosa |
| SIGNATURE | MOOSA N |
| AFFILIATIONS | University of the Western Cape |
| ORCID | 0000-0002-3174-1923 |
| VERIFIED | No |
| TOTAL WORKS | 7 |
| TOTAL CITATIONS | 1 |
| AUTHOR COUNT | 7 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1998 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 1 |
The Criminalization of Polyamory Perspective Islamic Penal Law and Indonesian New Penal Code
Regardless of the social stigma faced, polyamory has become a widely discussed issue and has received much attention in various fields. This study aims to examine the legal aspects regarding the criminalization of polyamory from the perspective of Islamic criminal law and the new penal code in Indonesia. This study is a type of normative juridical research with a conceptual and statutory approach. The research results show that any sexual relatio…
The New Framework Planned for the Legal Recognition and Regulation of Muslim Marriages in a Secular South Africa: From Litigation to Law Reform
Muslims, who originate from the East Indies and the Indian sub-continent, have a history in South Africa dating back more than three centuries. Attempts by South African Muslims to have their Muslim marriages (nikāḥs) recognized have a history spanning more than three decades, starting during white minority or apartheid rule and concluding during democracy. Although the Constitution of the Republic of South Africa, 1996, makes provision for Musli…
How Loud Is Too Loud? Competing Rights to Religious Freedom and Property and the Muslim Call to Prayer (Adhan or Azan) in South Africa
This article approaches the position of the call to prayer (adhan or azan) in South Africa from the perspective of both legislation and case law. Although only an unamplified adhan has religious status in Islam, Muslim religious authorities (ulama) have since the twentieth century also approved of, and permitted, an amplified adhan. The adhan has been rendered in both forms from South African mosques (masjids) for some 223 years. However, the una…
Debunking Prevailing Scholarly Views Pertaining to the Apostasy of Alleged Descendants of Shaykh Yusuf of Makassar
This article focuses on the controversial issue of apostasy pertaining to the alleged family of Shaykh Yusuf of Makassar, the Indonesian pioneer of Islam in colonial South Africa, after his demise at the Cape in the late 17th century during a period of Dutch occupation of both countries. It is reported in local and international historical and scholarly sources that the second generation grandchildren of this political exile and learned Islamic s…
Part Two: Debunking Prevailing Scholarly Views Pertaining to the Apostasy of Alleged Descendants of Shaykh Yusuf of Makassar
This paper is the second part of the two articles that discuss the controversy over the conversion of religion in the family of Shaykh Yusuf of Makassar after being exiled in South Africa during the Dutch colonial period at the end of the seventeenth century. This second part provides a critical and holistic analysis of the historical sources and historians’ initial arguments regarding the two families, Shaykh Yusuf and his in-laws. This paper al…
International Survey of Family Law 2018
In the case of Zorica Jovanovic v. Serbia, initiated before the European Court of Human Rights (ECtHR) in April 2008, the applicant complained of the continuing failure of the Serbian authorities to provide her with any information about the real fate of her son who had allergedly died while in the care of a state-run hospital or indeed with any other redress. Not only did the ECtHR \ndecide that the applicant's right to family life guaranteed by…
Human Rights in Islam
Introduction: Conflicts between human rights and religion do exist. Is this true of Islam? The answer is not as simple as 'yes' or 'no'. Although an examination of human rights in an Islamic context will reveal its theocentric rather than secular and judicial basis, this paper asserts that, notwithstanding (later) Islamic law interpretations to the contrary, (original) Islam is compatible with the modern notion of human rights. The fact that some…
How Loud Is Too Loud? Competing Rights to Religious Freedom and Property and the Muslim Call to Prayer (Adhan or Azan) in South Africa
This article approaches the position of the call to prayer (adhan or azan) in South Africa from the perspective of both legislation and case law. Although only an unamplified adhan has religious status in Islam, Muslim religious authorities (ulama) have since the twentieth century also approved of, and permitted, an amplified adhan. The adhan has been rendered in both forms from South African mosques (masjids) for some 223 years. However, the una…
Human Rights in Islam
Introduction: Conflicts between human rights and religion do exist. Is this true of Islam? The answer is not as simple as 'yes' or 'no'. Although an examination of human rights in an Islamic context will reveal its theocentric rather than secular and judicial basis, this paper asserts that, notwithstanding (later) Islamic law interpretations to the contrary, (original) Islam is compatible with the modern notion of human rights. The fact that some…
International Survey of Family Law 2018
In the case of Zorica Jovanovic v. Serbia, initiated before the European Court of Human Rights (ECtHR) in April 2008, the applicant complained of the continuing failure of the Serbian authorities to provide her with any information about the real fate of her son who had allergedly died while in the care of a state-run hospital or indeed with any other redress. Not only did the ECtHR \ndecide that the applicant's right to family life guaranteed by…
Debunking Prevailing Scholarly Views Pertaining to the Apostasy of Alleged Descendants of Shaykh Yusuf of Makassar
This article focuses on the controversial issue of apostasy pertaining to the alleged family of Shaykh Yusuf of Makassar, the Indonesian pioneer of Islam in colonial South Africa, after his demise at the Cape in the late 17th century during a period of Dutch occupation of both countries. It is reported in local and international historical and scholarly sources that the second generation grandchildren of this political exile and learned Islamic s…
Part Two: Debunking Prevailing Scholarly Views Pertaining to the Apostasy of Alleged Descendants of Shaykh Yusuf of Makassar
This paper is the second part of the two articles that discuss the controversy over the conversion of religion in the family of Shaykh Yusuf of Makassar after being exiled in South Africa during the Dutch colonial period at the end of the seventeenth century. This second part provides a critical and holistic analysis of the historical sources and historians’ initial arguments regarding the two families, Shaykh Yusuf and his in-laws. This paper al…
How Loud Is Too Loud? Competing Rights to Religious Freedom and Property and the Muslim Call to Prayer (Adhan or Azan) in South Africa
This article approaches the position of the call to prayer (adhan or azan) in South Africa from the perspective of both legislation and case law. Although only an unamplified adhan has religious status in Islam, Muslim religious authorities (ulama) have since the twentieth century also approved of, and permitted, an amplified adhan. The adhan has been rendered in both forms from South African mosques (masjids) for some 223 years. However, the una…
The New Framework Planned for the Legal Recognition and Regulation of Muslim Marriages in a Secular South Africa: From Litigation to Law Reform
Muslims, who originate from the East Indies and the Indian sub-continent, have a history in South Africa dating back more than three centuries. Attempts by South African Muslims to have their Muslim marriages (nikāḥs) recognized have a history spanning more than three decades, starting during white minority or apartheid rule and concluding during democracy. Although the Constitution of the Republic of South Africa, 1996, makes provision for Musli…
The Criminalization of Polyamory Perspective Islamic Penal Law and Indonesian New Penal Code
Regardless of the social stigma faced, polyamory has become a widely discussed issue and has received much attention in various fields. This study aims to examine the legal aspects regarding the criminalization of polyamory from the perspective of Islamic criminal law and the new penal code in Indonesia. This study is a type of normative juridical research with a conceptual and statutory approach. The research results show that any sexual relatio…
Political science (7 works) · Law (6 works) · Islam (5 works) · Philosophy (5 works) · Legal Issues in South Africa (3 works) · Marriage and Family Dynamics (3 works) · Religious studies (3 works) · Sociology (3 works) · Theology (3 works) · Apostasy (2 works)