Interfaith Law Case Study

Interfaith relationships range from centuries ago, and are also rapidly fast becoming recognized and familiar with in our modern society. Laws such as the Constitution of the Republic of South Africa, statutes and legislation have made it possible for such relations to be concluded and legalized. It also serves as a protective shield for these parties involved against any form of discrimination, unfairness and inequality.

A relation where by the spouses are of two different faith is called an interfaith marriage or relationship. In this instead Fatimah is a young black teenager, Muslim and John a young man, who’s white and Christian, and both of them are in love with each other and have agreed to get date. As both of them are not majors yet, The Children’s Act provides that at common law position that the person who holds parental responsibilities and rights in respect of a minor and acts as a guardian of the child must give

Most importantly the court will make use of judicial precedent including the cases of B v B and Allcock v Allcock where the cases are more similar to Fatimah’s application of consent to the court . Where also minors are applying to the court to be granted the consent to get married as their parents are refusing to consent to the marriage due to certain reasons. The court may only consent to Fatimah’s application if it proves or satisfied beyond reasonable doubts that the parents refusal are not adequate reasons enough to deny or dismiss the application. Fatimah must also prove adequate balance of probabilities that the granting of the court is to her best interests and that of the other party involved, and that her parents refusal is not to her best interest and the act of her parents are not of good faith but of bad faith