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Extra-Marital Children (Walad Al Zina) and Their Inheritance Rights under Islamic Law: A Comparison of Islamic Law and South African Common Law

Author

Listed:
  • Nqobizwe Mvelo NGEMA

    (University of Zululand, South Africa)

  • Desan IYER

    (University of Zululand, South Africa)

Abstract

Islamic law apportions different responsibilities to males and females because Allah created men with greater physical strength if compared to female counterparts. As a result of this men are mandated to be the protectors and financial providers to women and are given more inheritance if compared to women because of such responsibility. This justification of discrimination is likely to be challenged very soon. Any child born from unmarried parents and adultery (zina) is stigmatised as walad al zina (extra-marital child) for his entire life and is forbidden from inheriting an estate of his biological father. This exclusion constitutes an unfair discrimination against extra-marital children and is an affront to their human dignity. A comparison conducted shows that the South African common law does not discriminate between males and females and extra-marital child is not forbidden from inheriting the estate of his deceased biological father.

Suggested Citation

  • Nqobizwe Mvelo NGEMA & Desan IYER, 2023. "Extra-Marital Children (Walad Al Zina) and Their Inheritance Rights under Islamic Law: A Comparison of Islamic Law and South African Common Law," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 12(1), pages 74-81, March.
    • Handle: RePEc:sja:journl:v:12:y:2023:i:1:p:74-81
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    More about this item

    Keywords

    extra-marital children under Islamic law; disqualification from inheritance; violation of equality rights.;
    All these keywords.

    JEL classification:

    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law

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