| Religious Freedom |
Right to practice and propagate Islam; establishment of Islamic legal systems for personal matters. |
Constitution guarantees religious freedom; however, no state recognition of Islamic law (Shari’ah) for personal matters. |
Recognition of Shari’ah as a personal legal framework in family and inheritance matters is not provided. |
| Family Law |
Polygamy allowed under strict conditions; inheritance shares defined in Quran. |
Polygamy recognized but governed by civil laws; inheritance laws are secular, not Quranic. |
Islamic inheritance laws and full recognition of multiple marriages under Islamic law are not applied. |
| Economic Rights |
Prohibition of interest (riba); emphasis on ethical trade and Zakat (charitable giving). |
Interest-based financial systems dominate; Zakat not integrated into legal financial frameworks. |
Elimination of riba and institutionalization of Zakat in public economic systems. |
| Gender Equity |
Equal spiritual worth; specific roles and protections for men and women based on their capacities. |
Constitution provides gender equality; roles and protections are secular and uniform. |
Context-specific roles and protections outlined in Islamic law are not legally recognized. |
| Judicial System |
Strict evidentiary standards; emphasis on restorative justice and avoiding injustice. |
Secular judiciary based on Constitution and Roman-Dutch law; restorative justice applied selectively. |
Full application of Islamic evidentiary and judicial principles in legal cases. |
| Social Rights |
Right to privacy, dignity, and modesty; prohibition of public immorality. |
Privacy and dignity protected constitutionally; laws on public behavior are secular. |
Enforcement of modesty and prohibition of behaviors considered immoral in Islam are not legally codified. |
| Environmental Ethics |
Stewardship of Earth; prohibition of wastage and harm to the environment. |
Environmental protection laws exist but are secular. |
Islamic principles of environmental stewardship are not explicitly recognized in legislation. |
| Freedom of Speech |
Encouraged but with limits to prevent harm, slander, and blasphemy. |
Constitution protects free speech; blasphemy laws absent or not enforced. |
Regulation of speech to prevent blasphemy and slander based on Islamic principles is not included in South African law. |
