Shariah Articles
- About Us
- Are Pension And Provident Fund Death Benefits Payable Into The Estate Of The Deceased Member?
- Assisting Financially Distressed Persons Affected by Recent Flooding From Zakah Funds
- Basic Guidelines On Identity of Zakaatable Assets
- Concluding Second Sale on Supplier’s Premises in the context of Murabaha: Trade Procedere
- Difference between Riba and Sale
- Do the grandchildren( predeceased son’s children ) automatically inherit in the presence of the surviving son or sons of their deceased grandfather?
- Estate Duty Fatwa
- Fatwa of Allamah Mufti Taqi Usmani حفظه الله on the Permissibility of Covid 19 Vaccinations
- Fiqh Of Renting Out Property
- Foundational Difference between Takaful and Conventional Insurance
- Guidance Note On Calculation Of Zakah On JMH Shares
- Guidance Note On Calculation Of Zakah On Jmh Shares: 2016
- Guidance Note On Circumstances When Fidyah Is Payable As Expiation Payment, In Respect Of Missed Ramadaan Fasts As A Result Of Illness
- Guidance Note On The Transferring Zakah To An Agent Of An Eligible Recipient
- Guidance Note On The Transferring Zakah To An Agent Of An Eligible Recipient
- In the News
- Landlord Intends Lessee To Use Premises For Prohibited Purpose
- Most Beneficial Prophetic Supplication
- MS Omar & Associates: Judgements
- On Lifetime Donations by Parents to Children: Summary of Shariah Law Perspectives
- On the Fundamental Differences Between Sukuk and Bonds
- Permissibility of Sale of Goodwill , Trademarks , Patents, Copyrights and Intellectual Property in Shariah Law.
- Practice Areas
- Question on Zakah Implications of Compulsory Pension and Provident Funds
- Sale of an Apartment, OFF Plan , Prior to Possession
- Shariah Compliance Of Agility Product Offered By Mercedes - Benz Finance Company
- Shariah Compliant Guidelines for Investing in the Stock Exchange in accordance with AAOIFI Shariah Standard 21
- Shariah Treatment Of Disposal Of Insurance Surplus In Respect Of A Takaful Arrangement Based On The Waqf Model
- Summary of Key Differences Between Conventional and Islamic Banking
- The Role of Muslims in the New South Africa
- The Zakaatability of Pension ,Provident and Retirement Annuity Funds, including the Question of Purification , in the Context of Voluntary and Compulsory Contributions of an Employee , Deducted at Source.
- The Zakaatablity of Pension, Provident and Retirement Annuity Funds
- The Zakaatablity of Pension, Provident and Retirement Annuity Funds
- The Zakaatablity Of Receivables Arising from the Sale or Supply of Services Rendered
- Treasure Prophetic Dua
- Zakaatability Of Provident And Pension fund: Summary
- Zakah Liability Of Clients in respect of Islamic Financial Instruments
- Zakah on an Incomplete Commercial Development, as at the Zakah Valuation Date
- Zakah Treatment of Shareholders Loans
- Zakah Treatment of Shares in Listed & Unlisted Companies
- Zakah Treatment of Shares in Listed and Unlisted Companies
MS Omar & Associates: Judgements
Amod v Multilateral Motor Vehicle Accidents Fund
About Us
MS Omar & Associates is a niche market law firm based in Durban which was established in July 1983 and specializes in all aspects of Corporate and Commercial law, Family Law, Trusts Law, Estate Planning, Litigation, Dispute Resolution, Labour Law, Conveyancing and Shariah law including Islamic Finance.
Mr MS Omar who has considerable experience and legal skills, has dealt with a wide variety of complex legal cases. He has the unique distinction of dealing with both chamber work and Litigation. He has appeared regularly in the High Courts. He successfully argued the landmark case Amod v Multilateral Motor Vehicle Accidents Fund (1999) in the Constitutional Court and The Supreme Court Of Appeal. This case which developed the Common Law by recognizing a duty of support flowing from an Islamic marriage has been used as a precedent and applied in a number of subsequent cases.
In his capacity as a Shariah expert, Mr MS Omar has drafted a number of Shariah compliant products and has expressed diverse Shariah opinions. He also sits on various Shariah boards including Al Baraka Bank South Africa, The Old Mutual Al Baraka Equity Fund, Maldives Islamic Bank. In addition, he has given advice to and drafted documents for various financial institutions and conventional banks on Islamic Financial instruments, products, and related matters.
Mr MS Omar was also the primary drafter of the Muslim Marriages Bill which was approved by the South African Law Reform Commission and submitted to the Ministry Of Justice in 2003.
Mr MS Omar is an author of several books in Islamic Law which can be downloaded under the relevant headings.
