HFL1501 : Assignment 1
Due Date : 22 March 2023
Student Number : 67174426
Question 1
1.1 - The two main legal traditions on which South Africa law is build, are the civil –
(Roman) law tradition and the English common-law tradition. The civil-law tradition became
relevant in south Africa when Jan van Riebeeck started the refreshment station at the Cape
in the 17th century, and the common-law tradition when the British occupied the Cape in
the 18th Century. The common law of South Africa is not invariable, unchangeable element
of the legal system. This common law is a living law. And civil law is the supreme law of the
land.
1.2 - In Western Europe, the reception of Roman Law included the reception of the
concepts, categories, principles and divisions as well as the substantive law of rules of
Roman law. Since rules change more easily than the scientific structure of a legal system.
The enduring nature of the scientific structure of Roman law is illustrated by the fact that
the distinction between private law and public law remains a feature of many legal systems
today, even in some countries that do not apply substantive Roman law. It is the scientific
structure of Roman Law which is an important factor in the harmonisation of the laws of
Western Europe.
Question 2
2.1 - The attitude of the courts was that Muslim marriages could not be recognised,
because they are potentially polygynous and therefore against public policy. The Appellate
Division found muslim marriages to be immoral and against accepted customs and usage.
This judgement went against the Sharia law, the Sharia law is a body of religious law that
forms part of the Islamic traditions.
Due Date : 22 March 2023
Student Number : 67174426
Question 1
1.1 - The two main legal traditions on which South Africa law is build, are the civil –
(Roman) law tradition and the English common-law tradition. The civil-law tradition became
relevant in south Africa when Jan van Riebeeck started the refreshment station at the Cape
in the 17th century, and the common-law tradition when the British occupied the Cape in
the 18th Century. The common law of South Africa is not invariable, unchangeable element
of the legal system. This common law is a living law. And civil law is the supreme law of the
land.
1.2 - In Western Europe, the reception of Roman Law included the reception of the
concepts, categories, principles and divisions as well as the substantive law of rules of
Roman law. Since rules change more easily than the scientific structure of a legal system.
The enduring nature of the scientific structure of Roman law is illustrated by the fact that
the distinction between private law and public law remains a feature of many legal systems
today, even in some countries that do not apply substantive Roman law. It is the scientific
structure of Roman Law which is an important factor in the harmonisation of the laws of
Western Europe.
Question 2
2.1 - The attitude of the courts was that Muslim marriages could not be recognised,
because they are potentially polygynous and therefore against public policy. The Appellate
Division found muslim marriages to be immoral and against accepted customs and usage.
This judgement went against the Sharia law, the Sharia law is a body of religious law that
forms part of the Islamic traditions.
