A Comparative Analysis of South African and Islamic Succession Laws: Assessing Gender Implications and the Relevance of the 2:1 Ratio in Contemporary Times

Abstract

This study offers a doctrinal comparison of South African inheritance law and Islamic succession law, focusing on gender implications, legal pluralism, and prospects for reform. It contrasts the gender-neutral framework of the Intestate Succession Act 81 of 1987, read with section 9 of the 1996 Constitution, with Qur’anic and Prophetic provisions that distribute inheritance on an equitable basis, under which certain male heirs receive twice the share of comparable female heirs (the 2:1 rule). Informed by gender theory and legal pluralism, and drawing on qualitative, statutory, and textual analysis, the study examines how these systems construct gender roles and the tensions that arise when they are required to operate within a single constitutional order. It concludes that although a persistent tension remains between formal equality and the equity logic of Islamic law, there are doctrinal and legislative avenues for partial harmonisation that speak to broader debates on gender justice in multicultural democracies.