This study highlights the close connection between belief in the afterlife and the beginning of testamentary dispositions in ancient Egypt. In order to understand the law, and in particular inheritance law, the meaning of religion must be understood. Religion was ingrained in society. One of the most important tenets of religion was maat, which formed the basis of the law. The living and the dead were part of the same community. Belief in the afterlife implied immortality, an eternal continuation of life. There was a moral relationship between the dead and the living, and the deceased depended on maintenance after death. The family had an obligation to provide for the deceased, but this piety diminished and it was necessary to make arrangements for his subsistence before death. This led to the drawing up of the testamentary deed. The purpose of inheritance law is to maintain and strengthen the socio-economic structure of society and thus fulfils a social function. The focus is on the nuclear family.
In ancient Egypt, two systems of inheritance law developed: habitual legal succession and succession (by testamentary disposition). Various types of documents were used in ancient Egypt to serve the purpose of a testamentary disposition, such as the pious foundation and the imyt-pr. Important concepts and elements of inheritance law of the Old, Middle and New Kingdoms are identified and discussed. These include fideicommissum, trusts, usufruct, habitatio, bequests, the importance of indicating ownership, etc. The testamentary instruments of disposition of ancient Egypt must be one of the earliest examples of inheritance law. The Egyptian testamentary disposition, with its concepts and elements of inheritance law, was established centuries before the introduction of Roman and Roman law. The similarity with our current wills by our Roman inheritance law is remarkable. KEYWORDS Ancient Egypt, inheritance, succession, succession, intestate succession, testamentary disposition, life after death, maat, judgment of the dead, pious foundation, eldest son, will, tstament, imyt-pr, division, adoption, fideicommissum, habitatio, trusts, usufruct, legacy, beneficiaries (heirs and legatees), origin of inherited property (movable and immovable). The rule of primogeniture is a common rule of succession, which basically favors an individual based on the sex or circumstances of birth, that is, the hierarchy of birth. The primogenic rule is a widespread rule whose practice is not limited to African society, despite the universal notion that the rule is an African rule of discipleship. Due to the pluralism of most African countries, the rule of primogeniture as the usual rule generally contradicts the formal rules and norms of international human rights law.
By delving deeper into ancient inheritance law, international human rights texts, and texts on the applicability of the rule in different jurisdictions, this lengthy essay aims to establish the origin of primogeniture, the reasons for the rule, its variations (if any), and its current application in different jurisdictions. With regard to the complex interplay of primogenetics and international human rights law, this lengthy essay conducts doctrinal research on legal theories such as equality, cultural relativism and unjust discrimination, as well as on international human rights instruments such as the 1948 Universal Declaration of Human Rights. Based on the results of educational research, this article concludes that there are different forms of primogeniture, and the meaning of the term is not limited to favoring the male child over the female child; The rule is not limited to African societies and; The primogenic rule is contrary to international human rights instruments. With regard to the conflict between primogenetic rule and international human rights law, the present paper recommends that customary inheritance law be codified and harmonized so that it is consistent with international human rights standards. Muslims have lived in South Africa for over 300 years. There are currently more than 750,000 Muslims living in South Africa. These Muslims form a religious minority in a non-Muslim country. There is (so far) no legislation of the South African Parliament that gives effect to the provisions of Islamic law. This article analyses South African inheritance and probate law and how it is applied to the estates of deceased Muslims who lived in South Africa before their death.
The possibility of using existing South African legal provisions to apply Islamic inheritance law in the South African context is being explored. It concludes with an overall analysis and recommendation. Law No. 43 of 1992 provides for 1 October 1992 (Official Gazette 14312 of 24 September 1992).