September 12, 2023Understanding the Islamic Legal System for South African Legal Practitioners
2022-2023 Visiting Fellow Fatima Essop discusses the Islamic legal system in South Africa in her latest article published by the Advocate
Former Visiting Fellow Fatima Essop’s published a new article entitled “Understanding the Islamic Legal System for South African Legal Practitioners,” in the August issue of the Advocate, the official journal of the General Council of the Bar of South Africa.
In her article, Essop introduces Islamic jurisprudence, likening the Islamic legal system to an olive tree with its roots in the Qur’an and the Sunna of the Prophet. In particular, she highlights the plurality of legal opinions and schools of jurisprudence within the Islamic legal tradition and urges the South African Parliament to recognize the Islamic legal system’s flexibility when drafting new legislation on Muslim marriages and divorce.