Centre for Legal Integration in Africa
Muslim Personal Law Unit (MPLU)

Muslim Personal Law Unit (MPLU)

Muslim Personal Law (MPL) is in the process of being established as a permanent specialised unit in the Centre for Legal Integration in Africa (CLIA) under a project titled “Muslim Personal Law Unit (MPLU)”. The unit members are: Senior Professor, Najma Moosa, BA, LLB, LLM, LLD (UWC), tel: 021 959 3320 and email nmoosa@uwc.ac.za; Associate Professor, Muneer Abduroaf, LLB (Sharia Law), LLB, LLM, LLD (UWC); Senior Lecturer, Dr Asharaf Booley, LLB, LLM, LLD (UWC) and Lecturer, Mr Mohamed Hoosain Sungay who also serves as the unit’s administrator, LLB, LLM, LLD (Candidate).

The members of the Muslim Personal Law Unit (MPLU) share the same area of research expertise and interest, and are currently all conveniently housed in the Department of Private Law. One of the envisaged outcomes of the MPLU include increased PG supervision relating closely to Islamic legal pluralism. Courses currently offered in the Department of Private Law include an LLM in Islamic Law and Jurisprudence and a final year LLB elective on Muslim Personal Law (MPL).

CLIA welcomes opportunities to participate in/host/co-host collaborative online learning programmes Islamic law through joint seminar sessions with undergraduate (MPL) and postgraduate (LLM on Islamic Law and Jurisprudence) students from universities and similar educational institutions. In furtherance of CLIA’s focus on the interaction of legal orders, the MPLU aims at investigating the interface of State laws and Sharia laws in South Africa. There are about two million Muslims in South Africa who regulate their lives with Sharia laws. The MPLU will probe how these laws adapt to modern legal systems and international human rights principles within a globalised world. More importantly, it does so within a regional African context – especially those who share South Africa’s history of colonisation.

Members of the MPLU plan to hold face-to-face and/or virtual local, national, regional and international conferences, symposia, seminars and workshops on Islamic legal pluralism with peer reviewed journal articles and book chapters emanating from some of these proceedings. Currently, we participate in international collaborative projects and hold membership of editorial boards of several recognised law journals.

We welcome new research linkages, collaboration opportunities, and funding support.

For further information, please contact the unit’s administrator: Mr Sungay on mhsungay@uwc.ac.za / 021 959 3087.
 

Meet the team:



Qualifications: BA, LLB, LLM, LLD (UWC)
Position: Senior Professor 
Tel: 021 959 3320
Email: nmoosa@uwc.ac.za

Biography: 

SPECIALIST IN MUSLIM PERSONAL LAW (MPL) OR MUSLIM FAMILY LAW.

Najma Moosa, Senior Professor in the Faculty of Law at the University of the Western Cape (UWC), has a career in academia spanning more than 30 years. She became the first black Head of Department, Professor, Dean (the first woman Dean of a South African Law Faculty) and Senior Professor in the Faculty. She is an admitted Advocate.
She has four law degrees. Both her LLM and LLD degrees were the first awarded at UWC, and the theses were the first to deal, respectively, with the Islamic law of succession, and constitutionalism and Muslim Personal Law (MPL). She has engaged in doctoral (at Yale Law School) and post-doctoral (at the School for Oriental and African Studies) research.

She is a National Research Foundation (NRF) rated researcher. Her research milestones include drafting contributions to two South African Law Reform Commission Projects: on Muslim children (Project 110, 1998) and on Muslim marriages (Project 59, 1999-2003). She is the author of many academic articles, and of several first of their kind South African books: “Unveiling the Mind: A Herstory” (2004; 2nd edition 2011) on the legal position of Muslim women, a co-edited volume “Muslim Personal Law in South Africa” (2019) containing contributions on MPL, and “The Mystery of the Apostasy of Shaykh Yusuf of Makassar’s Alleged Grandchildren: The Children of The Rajah of Tambora” (2021) which is an investigative and literary work on a critical time in our history and tackling an important issue on the legacy of Shaykh Yusuf of Macassar.

She has given many high-profile lectures and presented at conferences, locally and all over the world. As a graduate-alumna of both the HERS-SA Academy and the American Council on Education (ACE) Fellows Program, she has received mentorships at, respectively, Wellesley College and Old Dominion University. She is the recipient of many teaching, research and community awards. She currently serves as a member of the Editorial Team of “Jurnal Syariah” [Shariah Journal] and recently became a member of the Editorial Board of a new journal “Islamic History and Literature”.

In August 2019 she was a nominee for the inaugural Women in Law South Africa (WOZA) award for her excellence in academia. In October 2020 she was nominated by the Dean as ‘Top Achiever’ in the Law Faculty for the second edition of Digimag, an initiative started by the Deputy Vice-Chancellor (Academic) focusing on excellence of women academics and women leaders at UWC. In December 2021 she was a recipient of the Panache Women of Wonder (WOW) award.

Professor Moosa was profiled in UWC's Women in Academia & Leadership Magazine (Issue 2), CLICK HERE to read about her COVID-19 lockdown experience.
 

Publications:

Click here for recent interviews and publications

2022 Publications:

Chapter:
  • Moosa, N & America, Z. 2022. ‘South Africa: Homosexual Muslims in South Africa: Some Legal Implications, Including Constitutional, Marriage and Succession’, in R.F. Wilson and J. Carbone (eds.), International Survey of Family Law 2022, Intersentia, Cambridge 2022, pp. 329-356. ISBN 978-1-83970-264-8  
2021 Publications:

Book: 
  • Najma Moosa, 2021. The mystery of the apostasy of Shaykh Yusuf of Makassar's alleged grandchildren: The children of the Rajah of Tambora. Shaykh Shahid Esau: KamPress, CT. May 2021. For sale at Clarke’s Bookshop, Timbuktu Books, Caxton Books or contact publisher directly: Shaheed Esau at +27 82 704 5378 (he is also available on WhatsApp). - For my simple, succinct synopsis of the book see YouTube video links of lecture: https://youtu.be/T-sDMsk0mzs. and https://youtu.be/GFua-NwPNKw 
  • In August 2022 she was presented with a certificate in recognition of her nomination in the category of Book Prize Award 2021 at the Research Recognition Awards hosted by the Deputy Vice-Chancellor: Research & Innovaton
Articles 2021 & 2022
2020 Publications:

Book:
Articles:
  • Najma Moosa, ‘Debunking Prevailing Scholarly Views Pertaining to the Apostasy of Alleged Descendants of Shaykh Yusuf of Makassar’ (Part 1) Al-Jāmi‘ah: Journal of Islamic Studies, Vol. 58, no. 1 (2020), pp.103-170. ISSN: 0126-012X (p); 2356-0912 (e); doi: 10.14421/ajis.2020.581.103-170 Published by: Al-Jami'ah Research Centre of Sunan Kalijaga State Islamic University Yogyakarta, Indonesia available at https://aljamiah.or.id/index.php/AJIS/article/view/58104

  • Najma Moosa. ‘Debunking Prevailing Scholarly Views Pertaining to the Apostasy of Alleged Descendants of Shaykh Yusuf of Makassar’ (Part 2) Al-Jāmi‘ah: Journal of Islamic Studies, Vol. 58, no. 2 (2020), pp.241-292. ISSN: 0126-012X (p); 2356-0912 (e), doi: 10.14421/ajis.2020.582.241-292 available at https://aljamiah.or.id/index.php/AJIS/article/view/58201/393

  • Najma Moosa, ‘Aspects of Dutch Colonial Family Law Related to the Indonesian Rajah of Tambora’s Exile at the Cape’ in M. Brinig (ed.), International Survey of Family Law (ISFL) 2020, Intersentia, Cambridge 2020, pp. 265-301. Published in September 2020. ISBN 978-1-78068-973-9
FOR EARLIER PUBLICATIONS (NB: THESE PROFILES ARE IN THE PROCESS OF BEING UPDATED) SEE:
 
google scholar      orcid         scopus      

researchgate    uwc repository

 



Position: Associate Professor
Tel: 021 959 3314 / 081 270 7585
Email: mabduroaf@uwc.ac.za

Qualifications:
LLD (Constitutional Theory) University of the Western Cape [2018]
LLM (International Law) University of the Western Cape and Humboldt University [2011]
LLB (South African Law) University of the Western Cape [2010]
LLB (Shariah Law) Islamic University of Madinah [2005]
Diploma (Arabic Linguistics) Islamic University of Madinah [2001]

Biography:

Prof Muneer Abduroaf is an Associate Professor at the University of the Western Cape, Department of Private Law. He is both an Admitted Attorney and a Sworn Translator of the High Court of South Africa. He is also a Marriage Officer for the South African Department of Home Affairs.

Prof Muneer Abduroaf is  a CRL Rights Commissioner appointed by the President of South Africa to promote and protect Cultural, Religious and Linguistic rights. The CRL Rights Commission is a Chapter 9 Institution in terms of the South African Constitution.

Prof Muneer Abduroaf’s academic qualifications include an LLD Law Degree in Constitutional Theory, an LLM Law Degree in International Law, an LLB Law Degree in South African Law, and an LLB  Law Degree in Shariah Law.

Prof Muneer Abduroaf currently lectures:
1. Law of Succession 211 (Lecturer and Module Convenor),
2. Family Law 121 (Lecturer and Module Convenor),
3. Muslim Personal Law 431 (Guest Lecturer for the Islamic Law of Succession), and
4. Islamic Law and Jurisprudence 811 (Guest Lecturer for the Islamic Law of Succession).
 

Publications:


JOURNAL ARTICLES [PEER REVIEWED]

Abduroaf M and Moosa N ‘A brief analysis of the judgement in Women’s Legal Centre Trust v President of the Republic of South Africa and Others (CCT 24/21) [2022] ZACC 23’ (2023) PER / PELJ (26)(1) 1 15 available at https://perjournal.co.za/article/view/14595

Abduroaf M ‘An analysis of difference of religion as a disqualification from inheriting in terms of the Islamic law of succession: A South African case study’ (2023) Obiter (44)(3) 575 583 available at https://obiter.mandela.ac.za/article/view/16963

Abduroaf M ‘An analysis of the application of section 2B of the Wills Act 7 of 1953 to married Muslim couples who subsequently divorce’ (2023) SLR (34)(1) 210 218 available at https://doi.org/10.47348/SLR/2023/i1a10

Abduroaf M ‘The possible impact of the Wilsnach v m [2021] 1 ALL SA 600 (GP) judgment on the right of an absent muslim parent to inherit in terms of an Islamic will’ (2023) JCLA 10(2) 204 2014 available at https://doi.org/10.47348/JCLA/v10/i2a7

Abduroaf M ‘Divorce and Dissolution of Muslim Marriages: A Historical Analysis of the Position of a Muslim Wife Seeking Divorce in the South African Legal Context’ (2023) Pakistan Journal of Women's Studies: Alam-e-Niswan (30)(1) 17 31 available at https://pakistanwomenstudies.com/index.php/pjws/article/view/147

Abduroaf M and Moosa N ‘An analysis of the right of a Muslim widow to claim maintenance in terms of section 1 of the Maintenance of Surviving Spouses Act 27 of 1990’ (2023) TSAR (2) 302 315 available at https://doi.org/10.47348/TSAR/2023/i2a7

Abduroaf M ‘An analysis s 5A of the Divorce Act 70 of 1979 and its application to marriages concluded in terms of Islamic law’ (2023) 56 De Jure Law Journal 1 12 available at https://www.dejure.up.ac.za/abduroaf-m-2023

Abduroaf M ‘A comparative analysis between the Customary and Islamic laws of intestate succession with regard to discrimination: a South African constitutional law case study’ (2022) 30(2) Jurnal Syariah 30 53 available at https://ejournal.um.edu.my/index.php/JS/article/view/35842

Abduroaf M ‘A Brief Analysis of the Status of a Transgender Beneficiary for Purposes of an Islamic Will Within the South African Context’ (2022) African Journal of Gender and Religion (28)(1) 49 61 available at https://journals.uj.ac.za/index.php/ajgr/article/view/2230  

Moosa N and Abduroaf M ‘The New Framework Planned for the Legal Recognition and Regulation of Muslim Marriages in a Secular South Africa: From Litigation to Law Reform’ (2022) Ahkam Jurnal Ilmu Syariah (22)(1) 1 34 available at https://journal.uinjkt.ac.id/index.php/ahkam/article/view/26076  

Abduroaf M ‘An Analysis of the Application of s 4A of the Wills Act 7 of 1953 with regard to Muslims Married within the South African context’ (2022) Obiter (43(2) 178 186 available at http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1682-58532022000200009
 
Abduroaf M ‘An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: a South African case study’ (2021) (8)2 Journal of Comparative Law in Africa 63 73 available at  https://www.jutajournals.co.za/an-analysis-of-the-right-of-muslim-adopted-children-to-inherit-from-their-deceased-parents-in-terms-of-the-law-of-succession-a-south-african-case-study/  

Abduroaf M ‘An Analysis of the Right of a Muslim Spouse to Claim Pension Interest Subsequent to Divorce: A South African Case Study’ (2021) 9 Electronic Journal of Islamic and Middle Eastern Law 1 8 available at  https://www.zora.uzh.ch/id/eprint/203377/   

Abduroaf M ‘An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit from His or Her Deceased Parent in terms of the Law of Succession: A South African Case Study’ (2021) 42(1) Obiter Law Journal 126 135 available at https://obiter.mandela.ac.za/article/view/11060  

Abduroaf M ‘Application of the Islamic Law of Succession in South Africa’ (2020) 41(2) Obiter Law Journal 396 409 available at https://journals.co.za/doi/10.10520/EJC-20b7700a30?TRACK=RSS  

Abduroaf M ‘An Analysis of the Islamic Law Based Developments in the South African Law of Succession’ (2020) 16(1) Manchester Journal of Transnational Islamic Law and Practice 143 161 available at https://www.electronicpublications.org/stuff/787  

Abduroaf M ‘Comparing the Application of the Islamic Law of Succession and Administration of Estates in Singapore with South Africa’ (2020) 41(1) Obiter Law Journal 122 135 available at https://journals.co.za/  

Abduroaf M ‘An Analysis of the Rationale Behind the Distribution of Shares in terms of the Islamic Law of Intestate Succession’ (2020) 53 De Jure Law Journal 115 122 available at http://www.scielo.org.za/.
 
Abduroaf M ‘The Impact of the South African Law of Succession and Administration of Estates on South African Muslims’ (2019) 7(2) Jurnal Syariah 321 366 available at https://ejournal.um.edu.my/index.php/JS/article/view/21596  

Abduroaf M ‘A Constitutional Analysis of an Islamic Will within the South African Context’ (2019) 52(2) De Jure Law Journal 257 266 available at http://www.dejure.up.ac.za/index.php/volumes/2019/articles-vol-52/abduroaf-m

Abduroaf M ‘An Analysis of Renunciation in terms of s 2(C)(1) of the Wills Act 7 of 1953 in light of the Moosa NO and Others v Harnaker and Others judgment’ (2019) 7 Electronic Journal of Islamic and Middle Eastern Law 15 21 available at  https://www.zora.uzh.ch/id/eprint/171093/   

Abduroaf M and Moosa N ‘Muslim Marriage and Divorce in Sri Lanka: Aspects of the Relevant Jurisprudence’ (2016) vol 4 Electronic Journal of Islamic and Middle Eastern Law 98 108 available at https://www.zora.uzh.ch/id/eprint/128809/

Moosa N and Abduroaf M ‘Faskh (Divorce) and Intestate Succession in Islamic and South African Law: Impact of the Watershed Judgment in Hassam v Jacobs and the Muslim Marriages Bill’ (2014) Acta Juridica 160 191 available at https://heinonline.org/HOL   
Republished in 2019
Moosa N and Abduroaf M ‘Faskh (Divorce) and Intestate Succession in Islamic and South African Law: Impact of the Watershed Judgment in Hassam v Jacobs and the Muslim Marriages Bill’ in De Waal M and Paleker M (2014) South African Law of Succession and Trusts – The Past Meeting the Present and Thoughts for the Future 160 191 Juta: Cape Town available at
Republished in 2019
Moosa N and Abduroaf M ‘Faskh (Divorce) and Intestate Succession in Islamic and South African Law: Impact of the Watershed Judgment in Hassam v Jacobs and the Muslim Marriages Bill’ in Moosa N and Dangor S Muslim Personal Law in South Africa – Evolution and Future Status Chapter 19, 329 359 Juta: Cape Town

Abduroaf M ‘Evolution of Muslim Personal Law in the South African Constitutional Dispensation’ (2013) 54 Nederduitse Gereformeerde Teologiese Tydskrif 6 11 available at https://ngtt.journals.ac.za/pub/article/view/284  


CHAPTERS IN BOOKS [PEER REVIEWED]

Moosa N and Abduroaf M ‘Implications of the Official Designation of Muslim Clergy as Authorised Civil Marriage Officers for Muslim Polygynous, Interfaith and Same-Sex Marriages in South Africa’ (2017) in Brinig M and Banda F (eds) The International Survey of Family Law Bristol: Lexis Nexis 323 359 available at https://heinonline.org/HOL/  
Republished in 2019
Moosa N and Abduroaf M ‘Implications of the Official Designation of Muslim Clergy as Authorised Civil Marriage Officers for Muslim Polygynous, Interfaith and Same-Sex Marriages in South Africa’ in Moosa N and Dangor S (2019) Muslim Personal Law in South Africa – Evolution and Future Status Chapter 12, 190 227 Juta: Cape Town

Abduroaf M and Moosa N ‘Islamic Law Mode of Estate Distribution in South Africa’ (2016) in Atkin B and Banda F (eds) International Survey of Family Law United Kingdom: Jordan Publishing 457 479 available at https://heinonline.org/HOL/   

OTHER PUBLICATIONS

Abduroaf M ‘An overview of the recent Constitutional Court judgement regarding Muslim marriages’ Muslim Views 4 August 2022 available at https://muslimviews.co.za 

Abduroaf M ‘Analysis of the Women’s Legal Centre Trust case’ (2020) De Rebus - SA Attorneys Journal, July 2020, 33 -34 available at http://www.derebus.org.za/analysis-of-the-womens-legal-centre-trust-case/

Abduroaf M ‘Limitations on the Freedom of Testation’ [Part 2 of 2] (2020) Without Prejudice, Volume 20 Number 5, June 2020, p. 47 – 48 available at https://www.withoutprejudice.co.za/free/article/6977/view

Abduroaf M ‘Limitations on the Freedom of Testation’ [Part 1 of 2] (2020) Without Prejudice, Volume 20 Number 4, May 2020, p. 25 - 26 available at https://www.withoutprejudice.co.za/free/article/6926/view

Abduroaf M ‘An Analysis of the Consequences of an Islamic Divorce in Light of the Faro v Bingham and Others Judgment’ (2019) Without Prejudice, Volume 19 Number 9, Oct 2019, p. 31 - 32 available at  https://www.withoutprejudice.co.za/free/article/6701/view  

Abduroaf M ‘The Effect of Sunni Schools of Law in Reinforcing Peace and Compassion: A South African Case Study with Regard to Attempt to Enact Muslim Personal’ (2019)  Mohammed VI Foundation of African Oulema available at https://www.fm6oa.org/en/the-effect-of-sunni-schools-of-law-in-reinforcing-peace-and-compassion-a-south-african-case-study-with-regard-to-attempt-to-enact-muslim-personal-by-muneer-abduroaf/

Abduroaf M ‘The Impact of South African Law on the Islamic Law of Succession’ LLD Thesis (2018) available at http://hdl.handle.net/11394/6211  

Abduroaf M ‘Truth Commissions: Did the South African Truth and Reconciliation Commission serve the purpose for which it was established?’ (2010) available at http://hdl.handle.net/11394/1650 

 

Networks:

 

Acta Juridica
Peer Reviewer (2022)
African Journal of Gender and Religion
Peer Reviewer (2018)
Association of Muslim Accountants and Lawyers (AMAL)
Member (25 February 2019 - Current)
CRL Rights Commission (CRL) Chapter 9 Institution
Commissioner, appointed by the President of South Africa (1 July 2019 - 30 June 2024)
Golden Key International Honour Society (GKIHS)
Member (2007 - Current)
Harvard Law School Journal (Cambridge) Islamic Legal Studies programme
Peer Reviewer (2018)
Harvard Journal of Islamic Law
Peer Reviewer (2019)
Highlands Waqaf Trust (HWT)
Incorporating a Mosque and Islamic School based in the Western Cape
Trustee (21 February 2013 - Current)
International Peace College South Africa
Senior Guest Lecturer BA (2015 Present)
Senior Guest Lecturer BA Hons (2016 and 2022)
External Examiner Honours and Master’s Thesis
International Network of Scholars Researching Unregistered Marriages (INSRUM)
Based at the School of Law, De Montfort University Leicester
Member (1 May 2018 - Current)
Islam and Christian-Muslim Relations (ICMR Journal)
Peer Reviewer (2022)
Journal for Juridical Sciences (JJS)
Peer Reviewer (2022)
Journal of Anti-Corruption Law (JACL)
Peer Reviewer (2020)
Law Democracy and Development Journal (UWC)
Peer Reviewer (2016)
Manchester Journal of Transnational Islamic Law & Practice
Associate Editor (2020)
Assistant Editor (2021 to Present)
Peer Reviewer (2021)
Muslim Judicial Council (SA)
General Member (1 April 2018 - Current)
Executive Council Member (2011 - 2018)
Muslim Judicial Council (SA) Mediation and Arbitration Department
Based in the Western Cape
Senior Advisor (1 April 2015 - Current)
Muslim Judicial Council (SA) Fatwa Department
Based in the Western Cape
Senior Advisor (1 April 2021 - Current)
Nelson Mandela Metropolitan University, Faculty of Applied Language Studies
Peer Reviewer (2015)
Obiter Law Journal
Peer Reviewer (2015 and 2021)
Potchefstroom Electronic Law Journal
Peer Reviewer (2018 and 2021)
South African Human Rights Journal
Peer Reviewer (2019)
Stellenbosch University Law Faculty
External Examiner LLM Thesis (2018)
University of Cape Town (UCT)
External Examiner for PhD Thesis (2021) Arbiter
External Examiner for the RDL4603S Elective Module (1 March 2019 - 28 February 2023)
External Examiner for the RDL4603S Elective Module (2018)
University of South Africa
External Examiner LLM Thesis (2021)
University of KwaZulu Natal Law Faculty
External Examiner LLM Thesis
University of the Western Cape Faculty of Law (UWC)
Senior Lecturer (1 January 2020 - Current)
Lecturer (1 January 2015 - 31 December 2019)
Associate Lecturer (1 January 2014 – 31 December 2014)
Graduate Lecturing Assistant (1 January 2013 – 31 December 2013)
Guest Lecturer (2012 for MPL)
Internal Examiner for LLM Thesis (2019, 2020 and 2021)
Internal Examiner LLB Research Papers (2020, 2021, 2022)
University of Witwatersrand Law Faculty
External Examiner for LLM Thesis (2018 and 2019)



Position: Senior Lecturer
Tel: 021 959 2381
Email: abooley@uwc.ac.za

Qualifications:
LLB, LLM, LLD

Biography: 

Dr Ashraf Booley is a senior lecture in the Private Law Department, Faculty of Law, University of the Western Cape. His research relates to the rights of women in Islam, constitutional rights, and comparative analyses of the various religious codifications of Muslim Personal Law, legal systems in Africa, especially in North Africa. He has presented guest lectures in International Humanitarian Law and Gender Law at Masters’ level. His doctoral theses “Women’s Rights and Freedoms in Islamic Jurisprudence pertaining to Marriage and Divorce: Lessons for South Africa from Morocco and Tunisia”. He has presented papers on the rights of women in Islam as well as doing comparative analysis and following the Arab spring and the constitutional work undertaken in Morocco and Tunisia and comparing them to the South African Constitutional Context. 
  • New Modules: Dr Ashraf Booley convenor and co-presenter of a Masters’ module (LLM) in Islamic law and Jurisprudence offered, by the Department of Private Law, 2021. 

  • Faculty Teaching and Learning Award, Faculty Established Lecturer, 2019. 

  • Award for Best Early-Career Researcher, 2022.

  •  

Publications:

Publications in Accredited Journals

2021 
  • Booley A “The effect of the Arab uprising in the Middle East and North Africa (Mena region): Morocco’s quest for constitutional reform and the 20 February Movement, Law, Democracy & Development, Volume 25 (2021), 223-241.

  • Booley A and Van Schalkwyk J “The Legal and Social Complexities Relating to Self-Determination: Internal and External Self-Determination and Obligation Erga Omnes” South African Yearbook of International Law”, 2021, 1-22.

  • Booley A “Legal and Social Complexities Relating to Practice of Arranged and Forced Marriages” has been accepted and will be published in the issue of the Journal Syariah, Vol. 29, no. 1 (2021), 21-42.

  • Booley A “South African National Defence Force (SANDF) Drops Charges Against Hijab-Wearing Officer: Case in Point South Africa” Journal Syariah, Vol 29, no. 2 (2021), 195-206.
2020
 
  • Booley A “The Tunisian Constitutional Transition and Debates: Islam, Women and Other Actors in the Wake of the Post-Jasmine Revolution” Journal Shariah Vol.28, no2, (2020), 293-332.
2019
 
  • Booley, A “Progressive Realisation of Muslim family law: The case of Tunisia” 2019 Potchefstroom Electronic Law Journal 22 pp. 1-28.

  • Booley, A “The State, Family Law and Women in the Middle Eastern and North African Region (Mena Region): A Comparative Survey of the Current Reforms in Morocco and Tunisia” 2019 Journal Syariah 27(3) pp. 505-54.

  •  
2017
 
  • Booley A “The Status of Women in Tunisian Family Law: Has the 2014 Constitutional changes assisted Tunisian Women” (2017) Potchefstroom Electronic Law Journal.
2016
 
  • Booley A “The Rights and Freedoms of Moroccan Women: Has the 2004 Reforms Benefitted Moroccan Women? (2016) 19 Potchefstroom Electronic Law Journal 1-19.
2014
 
  • Booley A “Divorce and the Law of Khul: Enhancing Protection of Women’s Rights? (2014) Volume 18 Law Democracy and Development 37-57.

  • Booley A, Women’s Rights and Freedoms in Islamic Jurisprudence Pertaining to Marriage and Divorce: Lessons for South Africa from Morocco and Tunisia? 2014, Doctoral Dissertation, Doctor of Law, LLD, 1-269.

  •  
2011
 
  • Van der Poll L and Booley A “In Our Common Interest: Liability and Redress for Damaged Caused to the Natural Environment During Armed Conflict” (2011) Volume 15 Law Democracy and Development 1-43.
Open View Journal Articles

- 2021
  • Booley, A “The Arab Spring – A Brief View of Morocco’s February 20 Movement and Effects” 2021, International Journal of Arts Humanities and Social Studies (IJAHSSS)
   - 2020
 
  • Booley, A “Post Arab Uprising – Where are the voices of women in Tunisia in 2020? 2020, International Journal of Arts Humanities and Social Studies (IJAHSSS) 
Law Magazine Articles - Shorter Articles

2021
  • Booley A, A Slippery Slope - Mandatory Pre-marital Medical Examination of Spouses to a Muslim Marriage, Without. Prejudice, 2021.
    2020
 
  • Booley, A “The Effect of Covid-19 in South Africa relating to Contractual Obligations – Case in Point South Africa”, Without. Prejudice 2020.

  • Booley, A and Potberg C “Can Covid -19 be classified as Force Majure”, Without. Prejudice, 2020.

  • Booley, A “Demystifying the Mahr found in Muslim Marriages”, Without. Prejudice, 2020.

  •  

Networks

  • Stellenbosch University (SU)
  • University of South Africa (UNISA)
  • University of the Free State (UFS)
  • North-West University (NWU)
  • Igdir University, Faculty of Theology, Turkey
  • Street Law Society – University of the Western Cape (UWC)
  • International Committee of the Red Cross (ICRC) - Geneve
  • ProBono.Org
  • Association of Muslim Accountants & Lawyers (AMAL)
  • Muslim Judicial Council Forum (MJC)



Position: Lecturer 
Tel: 021 959 3087
Email: mhsungay@uwc.ac.za

Qualifications:
LLB (South African Law) University of the Western Cape [2021]
LLM (International Human Rights Law) University of the Western Cape [2023]
LLD (International Human Rights Law) University of the Western Cape [2023 - Present]

Biography:

Mr Mohamed Hoosain Sungay is currently a Lecturer in the Department of Private Law at the University of the Western Cape (UWC). The focus modules he lectures include the Law of Persons and Family Law for second-year law students. He is also a guest lecturer for the Muslim Personal Law final LLB year elective module. 

Mohamed is currently pursuing his LLD studies at UWC, with his research area focused on the extent of religious entanglement prevalent within the South African judiciary and the effects thereof. He completed both his LL.B and LL.M degrees at UWC. Mohamed completed a one-year intensive course in 2021 at the International Peace College of South Africa (IPSA) in the field of Islamic Inheritance (Meerath). After his successful completion of this course, he obtained accreditation to administer and execute Islamic wills.

Mohamed currently serves on numerous non-profit organizations and editorial boards in his free time with the aim of giving back to the broader community, and be of a benefit to society.  
  • Deans Merit List award in 2018
  • An invitation to the Golden Key Honorary Society in 2019 
  • Student mentorship award in the Top Achievers Mentorship Program in 2020.  
 

Publications:

   

Networks:

 
  • Manchester Journal of Transnational Islamic Law & Practice (MJTILP)
    Assistant Editor (2022- Present)
  • African Student Law Journal (ASLJ)
    Editor (2023 – Present)
  • Islamic Legal Pluralism Project (ILPP)
    Unit member and Administrator (2024 – Present)
  • Dynamic Ayd NPC
    Director (2022 – Present)
  • Muslim Judicial Council Forum (MJC)
  • Association of Muslim Accountants & Lawyers (AMAL)



 
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