The Daniels Case
2004
Daniels v Campbell NO and Others
The right of Muslim widows to be regarded as wives
After her husband in a Muslim marriage died, the Cape Town City Council sought to evict Mrs Daniels from the family home on the basis that she had not been the lawful wife of Mr Daniels. Their contention was that the courts had long held that Muslim unions were not recognised as marriages because they were potentially polygamous. Writing for the majority of the Court, Justice Sachs held that her rights could be vindicated
