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Hassam v Jacobs
''Hassam v Jacobs NO and Others'',〔2009 (5) SA 572 (CC).〕 an important case in South African law, was heard in the Constitutional Court〔Langa CJ, Moseneke DCJ, Cameron J, Mokgoro J, Ngcobo J, Nkabinde J, O'Regan J, Sachs J, Skweyiya J, Van Der Westhuizen J and Yacoob J.〕 on 19 February 2009, with judgment handed down on 15 July. The applicant was a party to a polygamous Muslim marriage, whose husband had died intestate. The Constitutional Court held that precluding the applicant from inheriting unfairly discriminated on the grounds of religion, marital status and gender, and was therefore inconsistent with section 9 of the Constitution. Accordingly, it was held that the applicant could inherit. The ambit of this judgment extended the ruling in ''Daniels v Campbell'' to polygamous Muslim marriages.
== Facts ==
The question was whether or not the benefits provided by the Intestate Succession Act〔Act 81 of 1987.〕) and the Maintenance Act〔Act 27 of 1990.〕 accrue to surviving spouses of polygynous Muslim marriages. The objective of the legislation is to ensure that widows receive at least a child's share of their spouse's estates instead of being left precariously dependant on family benevolence.
The Cape High Court found the Intestate Succession Act,〔s 1(4)(f).〕 in discriminating on grounds of gender and religion and marital status, to be inconsistent with the Constitution. The word "spouse" in the Act should be interpreted henceforth to include partners in polygynous Muslim marriages, while "survivor" in the Maintenance Act should be read to include surviving partners of polygynous Muslim marriages.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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