Fatima Osman
Biographic Data
| ID | 4275407 |
|---|---|
| NAME | Fatima Osman |
| GIVEN NAMES | Fatima |
| FAMILY NAME | Osman |
| SIGNATURE | OSMAN F |
| AFFILIATIONS | University of Cape Town |
| ORCID | 0000-0002-1357-7840 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 1 |
| AUTHOR COUNT | 9 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2017 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 1 |
The new era of discarded wives in South African customary law and the way forward
With the rise of globalization and migration, the issue of recognizing various family laws has become increasingly significant. Parties may enter into marriages in accordance with their religious and customary law beliefs or state law, or using a combination thereof. This article examines the difficulties states may face in the recognition of customary or religious marriages by exploring the South African regulation of customary marriages. The So…
Introduction to the Special Issue
The Persistence of Property Grabbing in the South African Customary Law of Succession
This article critically examines the persistence of property grabbing under South Africa’s customary law of succession, despite landmark legal reforms such as the judgment in Bhe v Magistrate, Khayelitsha; Shibi v Sithole 2005 (1) SA 580 ( CC ) and the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009. Drawing on desktop research and empirical findings, the article explores key risk factors, including gender, …
Custom Versus Customary Law: Does South African Jurisprudence Draw the Distinction
This article presents a critical analysis of whether South African courts employ established theoretical concepts to delineate the boundaries between custom and customary law. To facilitate a comprehensive understanding, the article begins by providing an overview of the South African legal system, laying the groundwork for the subsequent discussion. The article then delves into prominent theories that address the differentiation between custom a…
The recognition of same-sex customary marriages under South African customary law
Same-sex couples in South Africa may conclude marriages and enjoy equal rights as their opposite-sex counterparts. A glaring lacuna in South African law is whether same-sex couples may marry in accordance with customary law with legal force and effect. This article uses desktop research to critically examine whether customary law accommodates same-sex customary marriages and if not, whether customary law should be developed to do so. Despite the …
Let us understand each other and work together in the child’s best interest’ – Exploring the narratives of newly arrived refugee parents in Sweden
Family Formations in Contemporary South Africa: Does South African Marriage Law Protect Lived Realities
In the 21st century, families are constituted differently to the typical Western Judeo-Christian nuclear family comprising of a mother, father, and children. While some individuals may marry, others may choose not to do so or, at the other end of the spectrum, marry several individuals. This article critically examines whether South African marriage law adequately protects contemporary family formations. The examination reveals that unfortunately…
The ascertainment of living customary law: An analysis of the South African Constitutional Court’s jurisprudence
After decades of non-recognition, customary law is today recognised as a valid system of law in South Africa treated as equal to the common law. The article examines how the question of the ascertainment of living customary law has been addressed by the South African Constitutional Court, the highest court in South Africa. It argues that the court has developed the existing guidelines of calling witnesses and consulting with written sources of th…
The constitutionality of section 7(1) of the Recognition of Customary Marriages Act: Ramuhovhi v President of the Republic of South Africa
In Ramuhovhi v President of the Republic of South Africa (2016 Ramuhovhi v President of the Republic of South Africa. 2016 (6) SA 210 (LT). [Google Scholar]), a South African High Court declared section 7(1) of the South African Recognition of Customary Marriages Act (1998 Recognition of Customary Marriages Act 120 of 1998. [Google Scholar]) (hereafter the RCMA) which regulates the proprietary consequences of polygamous marriages entered into pri…
The constitutionality of section 7(1) of the Recognition of Customary Marriages Act: Ramuhovhi v President of the Republic of South Africa
In Ramuhovhi v President of the Republic of South Africa (2016 Ramuhovhi v President of the Republic of South Africa. 2016 (6) SA 210 (LT). [Google Scholar]), a South African High Court declared section 7(1) of the South African Recognition of Customary Marriages Act (1998 Recognition of Customary Marriages Act 120 of 1998. [Google Scholar]) (hereafter the RCMA) which regulates the proprietary consequences of polygamous marriages entered into pri…
The ascertainment of living customary law: An analysis of the South African Constitutional Court’s jurisprudence
After decades of non-recognition, customary law is today recognised as a valid system of law in South Africa treated as equal to the common law. The article examines how the question of the ascertainment of living customary law has been addressed by the South African Constitutional Court, the highest court in South Africa. It argues that the court has developed the existing guidelines of calling witnesses and consulting with written sources of th…
Family Formations in Contemporary South Africa: Does South African Marriage Law Protect Lived Realities
In the 21st century, families are constituted differently to the typical Western Judeo-Christian nuclear family comprising of a mother, father, and children. While some individuals may marry, others may choose not to do so or, at the other end of the spectrum, marry several individuals. This article critically examines whether South African marriage law adequately protects contemporary family formations. The examination reveals that unfortunately…
Let us understand each other and work together in the child’s best interest’ – Exploring the narratives of newly arrived refugee parents in Sweden
The recognition of same-sex customary marriages under South African customary law
Same-sex couples in South Africa may conclude marriages and enjoy equal rights as their opposite-sex counterparts. A glaring lacuna in South African law is whether same-sex couples may marry in accordance with customary law with legal force and effect. This article uses desktop research to critically examine whether customary law accommodates same-sex customary marriages and if not, whether customary law should be developed to do so. Despite the …
Custom Versus Customary Law: Does South African Jurisprudence Draw the Distinction
This article presents a critical analysis of whether South African courts employ established theoretical concepts to delineate the boundaries between custom and customary law. To facilitate a comprehensive understanding, the article begins by providing an overview of the South African legal system, laying the groundwork for the subsequent discussion. The article then delves into prominent theories that address the differentiation between custom a…
Introduction to the Special Issue
The Persistence of Property Grabbing in the South African Customary Law of Succession
This article critically examines the persistence of property grabbing under South Africa’s customary law of succession, despite landmark legal reforms such as the judgment in Bhe v Magistrate, Khayelitsha; Shibi v Sithole 2005 (1) SA 580 ( CC ) and the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009. Drawing on desktop research and empirical findings, the article explores key risk factors, including gender, …
The new era of discarded wives in South African customary law and the way forward
With the rise of globalization and migration, the issue of recognizing various family laws has become increasingly significant. Parties may enter into marriages in accordance with their religious and customary law beliefs or state law, or using a combination thereof. This article examines the difficulties states may face in the recognition of customary or religious marriages by exploring the South African regulation of customary marriages. The So…
Legal Issues in South Africa (7 works) · Political science (6 works) · Common law (4 works) · Customary international law (4 works) · Law (4 works) · Sociology (4 works) · Comparative and International Law Studies (3 works) · International law (3 works) · Law (3 works) · Public international law (3 works)