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  • Title: Customary law row looming.
    Author: Khumalo B.
    Journal: South Afr Polit Econ Mon; 1993 Nov; 7(2):28. PubMed ID: 12345311.
    Abstract:
    Married women under customary law in South Africa are perpetual minors; customary law marriages are not of equal status to civil law marriages; women are denied inheritance access to land and property and excluded from decision making in their homes and communities; and Muslim women do not have equal rights under Muslim personal law. As political and civil reforms loom on the horizon in South Africa, however, calls are being made for customary law to be included under the scrutiny of the Bill of Rights. Women under customary law would therefore be protected under an uniform Bill of Rights. Members of the Congress of Traditional Leaders are staunchly opposed to such a move. They argue instead that women under customary law should not be protected in the Bill of Rights. Customary law will therefore be insulated from legislative reform. This paper briefly presents segments of the ongoing debate between law academics, women's pressure groups, and religious and cultural bodies on the issue.
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