Polygynous Muslim Marriages in South Africa: their Potential Impact on the Incidence of HIV/AIDS

This article examines whether there is any relationship between the institution of polygynous marriages in Islam and the incidence or spread of the disease. It is suggested that, while polygyny may be a contributing factor, it is not the institution of marriage per se that relates to the disease (al...

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Main Author: N Moosa
Format: Article
Language:Afrikaans
Published: North-West University 2009-09-01
Series:Potchefstroom Electronic Law Journal
Subjects:
Online Access:http://www.puk.ac.za/opencms/export/PUK/html/fakulteite/regte/per/issuepages/2009Volume12no3/2009x3x_Moosa_art.pdf
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author N Moosa
author_facet N Moosa
author_sort N Moosa
collection DOAJ
description This article examines whether there is any relationship between the institution of polygynous marriages in Islam and the incidence or spread of the disease. It is suggested that, while polygyny may be a contributing factor, it is not the institution of marriage per se that relates to the disease (although the prospect of greater infection intra marriage must be present in polygynous marriages, if the husband is the infecting party), but the conduct of the parties to the marriage relationship, whatever its nature.The focus and thrust lies with the institution of polygyny in Islam, the South African response to polygyny, the (potential) impact of polygyny on the incidence of AIDS, and the contribution that both an informed approach to HIV and an enlightened approach to the application of Islamic values could or would have on the limitation of the disease's spread.*
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spelling doaj.art-340dcbd9e50d446b89e9398d2fb7474a2022-12-22T03:41:07ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812009-09-011236496Polygynous Muslim Marriages in South Africa: their Potential Impact on the Incidence of HIV/AIDSN MoosaThis article examines whether there is any relationship between the institution of polygynous marriages in Islam and the incidence or spread of the disease. It is suggested that, while polygyny may be a contributing factor, it is not the institution of marriage per se that relates to the disease (although the prospect of greater infection intra marriage must be present in polygynous marriages, if the husband is the infecting party), but the conduct of the parties to the marriage relationship, whatever its nature.The focus and thrust lies with the institution of polygyny in Islam, the South African response to polygyny, the (potential) impact of polygyny on the incidence of AIDS, and the contribution that both an informed approach to HIV and an enlightened approach to the application of Islamic values could or would have on the limitation of the disease's spread.*http://www.puk.ac.za/opencms/export/PUK/html/fakulteite/regte/per/issuepages/2009Volume12no3/2009x3x_Moosa_art.pdfMuslim lawpolygynous marriagesHIV AidsMuslim private lawlegal pluralism
spellingShingle N Moosa
Polygynous Muslim Marriages in South Africa: their Potential Impact on the Incidence of HIV/AIDS
Potchefstroom Electronic Law Journal
Muslim law
polygynous marriages
HIV Aids
Muslim private law
legal pluralism
title Polygynous Muslim Marriages in South Africa: their Potential Impact on the Incidence of HIV/AIDS
title_full Polygynous Muslim Marriages in South Africa: their Potential Impact on the Incidence of HIV/AIDS
title_fullStr Polygynous Muslim Marriages in South Africa: their Potential Impact on the Incidence of HIV/AIDS
title_full_unstemmed Polygynous Muslim Marriages in South Africa: their Potential Impact on the Incidence of HIV/AIDS
title_short Polygynous Muslim Marriages in South Africa: their Potential Impact on the Incidence of HIV/AIDS
title_sort polygynous muslim marriages in south africa their potential impact on the incidence of hiv aids
topic Muslim law
polygynous marriages
HIV Aids
Muslim private law
legal pluralism
url http://www.puk.ac.za/opencms/export/PUK/html/fakulteite/regte/per/issuepages/2009Volume12no3/2009x3x_Moosa_art.pdf
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