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Daniels v Campbell : ウィキペディア英語版
Daniels v Campbell

''Daniels v Campbell NO and Others'',〔2004 (5) SA 331 (CC).〕 an important case in South African law, was heard in the Constitutional Court〔Chaskalson CJ, Langa DCJ, Ackermann J, Mokgoro J, Ngcobo J, O'Regan J, Sachs J, Yacoob J, Madala J and Moseneke J.〕 on 6 November 2003, with judgment handed down on 11 March 2004. The applicant was a woman married in terms of Muslim rites, whose husband had died intestate. The court noted that Muslim marriages were not recognised in South African law. It concluded that this violated section 9 of the Constitution. Accordingly, it was held that the applicant could inherit. The ambit of this judgment was restricted to ''de facto'' monogamous Muslim marriages; it was extended to polygamous Muslim marriages in ''Hassam v Jacobs''.
== Facts ==
An application was made for confirmation of an order of the Cape High Court which declared invalid and unconstitutional certain provisions of the Maintenance Act〔Act 27 of 1990.〕 and the Intestate Succession Act〔Act 81 of 1987.〕 for their failure to recognise as "spouses" persons married according to Muslim rites, and therefore to allow partners in Muslim marriages to benefit from their protections, which include the provision of relief to widows to ensure that they receive at least a child's share of their husbands' estates. The Muslim wife in this case was going to lose a house she owned which was registered in her deceased husband’s name. In terms of the Maintenance of Surviving Spouses Act, certain benefits are conferred on “spouses,” a term which did not include spouses in a ''de facto'' monogamous Muslim marriage.
It is important to note that the question before the court was not whether Muslim marriage is lawful under the Marriage Act.〔Act 25 of 1961.〕 Muslim marriages have not yet been expressly recognised in South African law, although there is a Draft Muslim Marriages Bill.

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