New Publication: An Analysis of the Right of a Muslim Spouse to Claim Pension Interest Subsequent to Divorce: A South African Case Study

Abstract

Section 37D(1)(d)(i) of the Pension Fund Act 24 of 1956 enables a divorced spouse to claim pension interest from the pension fund organisation of his or her former wife or husband if certain requirements are met. This paper analyses the application of s 37D(1)(d)(i) to South African Muslims who married in terms of Islamic law only as well as those South African Muslims who married in terms of Islamic law as well as civil law. It highlights some of the problem areas found within the current application of the provision. The paper concludes with an overall analysis of the findings and makes a recommendation as to a way forward.

Arezoo Sang Bastian

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