AL-WASAṬIYYAH

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

2025-11-28T09:05:13+00:00

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.

A Conceptual Analysis of the Relationship Between Wasaṭiyyah and Maqāṣid al-Sharī’ah

2025-11-28T09:28:44+00:00

This study explores the intricate relationship between wasaṭiyyah (moderation) and maqāṣid al-sharī’ah (the objectives of Islamic law) within Islamic epistemology. It begins by examining the meaning of wasaṭiyyah as interpreted from the Qur’anic concept of wasaṭ by prominent Islamic scholars, highlighting its essence as not merely a middle ground but a state of excellence characterised by fairness and justice. This study analyses the implementation of wasaṭiyyah in various aspects of life, including worship, social interactions, economics, politics, and education. It further delves into how wasaṭiyyah serves as a fundamental guiding principle for achieving maqāṣid al-sharī’ah, specifically the preservation of religion, life, intellect, lineage, and wealth. This study argues that adherence to wasaṭiyyah is crucial for the well-being of the Muslim `ummah and for navigating the complexities of the modern world while upholding the core tenets of Islam. The study concludes with emphasis that wasaṭiyyah, as the inherent path of moderation within Islam, necessitates a balanced approach in all aspects of life, guided by sharī’ah and aimed at spiritual purification and closeness to Allāh ﷻ.

Zakāh as a Tool for Tackling Socio-Economic Issues: A Case Study of Educational Empowerment through the Lived Realities of 30 Zakāh Beneficiaries in Cape Town

2025-11-28T09:42:59+00:00

This study investigates how zakāh, as an obligatory charitable levy in Islam, can be used to address socio-economic inequality through educational empowerment in Cape Town, South Africa. Drawing on a qualitative case study of 30 IPSA beneficiaries (15 students and 15 alumni), and framed by maqāṣid al-sharīʿah, it examines how zakāh-funded education contributes to the preservation of intellect, life, and dignity. The findings indicate that zakāh support extends beyond financial assistance by nurturing intellectual confidence, moral purpose, and social responsibility, yet structural barriers, including limited access to food, transport, digital resources, and psychosocial care, constrain its impact. The study argues that zakāh should be reimagined as a model for holistic student development and recommends that faith-based institutions integrate mentorship, material support, and psychosocial services into zakāh administration to enhance its role in promoting justice and socio-economic transformation.

Exploring Unnatural Death Incidents among Muslims in the West-Metropole of Cape Town: A Maqāṣid Al-Sharīʿah-Based Retrospective Study

2025-11-28T09:54:08+00:00

This study explores patterns of unnatural fatalities among Muslims in the West Metropole of Cape Town, South Africa, in 2019. Analysis of 4,205 autopsy reports, focusing on 313 Muslim deaths of which 241 were classified as unnatural, provides insight into an under-researched field. Using a qualitative maqāṣid al-sharīʿah (objectives of Islamic law) framework, the study examines gender distribution, age profiles, manners of death, and selected self-inflicted deaths. Key findings highlight distinctive demographic and circumstantial trends, with no significant difference between males and females in mechanisms of self-harm. The analysis integrates basic descriptive statistics with contextual interpretation of medico-legal case records and community realities. The prevalence of unnatural deaths underscores the need for further research to identify long-term patterns and underlying causes. The study also stresses the importance of documenting religious affiliation in medico-legal records and recommends adopting a maqāṣid al-sharīʿah perspective when formulating future community-based and policy responses to unnatural deaths within the Muslim population.

Medical Ethics in the Western Cape of South Africa, An Islamic Clerical Perspective

2025-11-28T12:07:52+00:00

This study examines how Islamic clerics in the Western Cape conceptualise and address contemporary medical-ethical questions. It situates their reasoning against the limits of the four-principle framework of biomedical ethics when applied to Islamic moral thought grounded in fiqh (Islamic jurisprudence) and Sufi ethical cultivation. Using qualitative content and discourse analysis, the study applies a critical framework that combines Al-Zuhayli’s neo-traditional usūlī paradigm with Auda’s maqāṣid-based reformist approach to analyse primary data from local clerics and archived fatāwā from regional judicial bodies. The findings indicate no single dominant methodological tendency: while many clerics consult medical experts and engage contemporary realities, their final rulings frequently revert to traditional patterns that prioritise preservation of life. Proactive notions of well-being and medical-ethical reform remain underdeveloped. The diversity and inconsistency across verdicts highlight the absence of a coherent medical-ethical framework in the Western Cape and the need for structured collaboration between jurists, clinicians, and scholars of Islamic legal theory.

Language Biographies as a Multimodal Pedagogical Tool in Additional Language Teaching and Learning

2025-11-28T12:46:29+00:00

This article argues that multimodal language biographies are an effective tool for learning additional languages, especially where Arabic is the first language and English the target language. By examining how Arabic-speaking students position themselves in multilingual environments, the study shows how language biographies illuminate learners’ attitudes toward acquiring English. Based on data from 12 adult Arabic-speaking learners of English in South Africa, the findings reveal how students construct their linguistic identities and negotiate the relationship between Arabic and English. The results support the claim that multimodal language biographies function as valuable pedagogical and assessment tools for both teachers and students. As a phenomenological approach, they help participants interpret their linguistic life worlds and articulate their positioning within diverse multimodal contexts. The study highlights the importance of valuing students’ full linguistic repertoires-Arabic, English, and dialectal varieties- as instructional resources. It recommends using language biographies for student self-assessment and for teacher assessment practices that extend beyond verbal interaction in bilingual learning spaces.