Challenges in application of Islamic personal law of Myanmar: Solemnization of marriage

2021 ◽  
Author(s):  
Dr. Marlar Than
Keyword(s):  
Personal Law

Public Finance and Personal Law in Late Colonial India

2018 ◽  
Author(s):  
Eleanor Newbigin
Keyword(s):  
Public Finance ◽  
Twentieth Century ◽  
Legal System ◽  
Income Tax ◽  
Economic Value ◽  
Indian Society ◽  
Personal Income Tax ◽  
Colonial India ◽  
Indian State ◽  
Personal Law

This chapter considers the ways in which the fiscal demands of representative government, and specifically the development of a direct, personal income tax, impacted legal subjecthood during India’s transition to Independence. It shows how early twentieth-century understandings of economic value and public finance were embedded into Indian society and legal system through discussions about personal law. This had particular consequences for Hindu personal law, which, under pressure from a centrally administered income tax regime, was re-imagined as a singular, homogeneous all-Indian legal system in ways that rendered the Hindu joint family synonymous with the representative and fiscal structures of the Indian state.

scholarly journals Muslim Personal Laws and the Accommodation of Minorities: The Need to Better Balance Individual Rights and Group Autonomy in Singapore

2019 ◽  
Vol 20 (7) ◽  
pp. 1079-1095
Author(s):  
Noor Aisha Abdul Rahman
Keyword(s):  
Legal System ◽  
Well Being ◽  
The State ◽  
Political Issues ◽  
Minority Community ◽  
Muslim Minority ◽  
The Right ◽  
Personal Law ◽  
Muslim Minorities ◽  
Direct Incorporation

AbstractThe accommodation of religious personal law systems is an issue that has arisen in many countries with significant Muslim minorities. The types of accommodations can range from direct incorporation into the state legal system to mere recognition of religious tribunals as private organs. Different forms of accommodation raise different types of legal, social, and political issues. Focusing on the case of Singapore, I examine one form of accommodation which entails the direct incorporation of this law regulating marriage, divorce, and inheritance for Muslims into the state system. Administered by the Administration of the Muslim Law Act, 1966, the Muslim law binds Muslims unless they abjure Islam. The resulting pluralistic legal system is deemed necessary to realize the aspirations of and give respect to the Muslim minority community, the majority of whom are constitutionally acknowledged as indigenous to the country. This Article examines the ramifications of this arrangement on the rights and well-being of members of this community in the context of change. It argues that, while giving autonomy to the community to determine its personal law and advancing group accommodation, the arrangement denies individuals the right to their choice of law, a problem exacerbated by traditionalism and the lack of democratic process in this domain. Consequently, the Muslim law pales in comparison to the civil law for non-Muslims. The rise of religious resurgence since the 1970s has but compounded the problem. How the system can accommodate the Muslim personal law without compromising the rights of individual Muslims is also discussed.

Ethnic Distinctions, Legal Connotations: Chinese Patterns of Boundary Making and Crossing

SAGE Open ◽  
2021 ◽  
Vol 11 (3) ◽  
pp. 215824402110439
Author(s):  
Byung-Ho Lee
Keyword(s):  
18Th Century ◽  
Customary Law ◽  
Chinese Society ◽  
Self Identity ◽  
Group Boundaries ◽  
Individual Agency ◽  
Legal Standards ◽  
Boundary Making ◽  
Personal Law

This study analyzes, from a comparative and historical perspective, the clash between state statutory law and native customary law and the consequential effects of that rivalry on ethno-legal categories. It adopts a long-term perspective on Chinese society, with a particular focus on its history over the last three centuries. Although the imperial Chinese state had a centralized legal code, many non-Han subjects followed different legal standards and systems. Such conditions became the basis of legal pluralism and the structural constraint for full-fledged legal uniformity. It is argued that state-imposed ethnic categories in China have been institutionalized to determine those who should be protected, or even privileged, by their own native law. This is especially true during the alien dynasties of conquest, which purposely emphasized the principle of personal law to preserve legal prerogatives of ruling ethnicity. Similarly, indigenes on the frontier carried a variety of legal exemptions on grounds of the principle of territorial law. Such conditions could leave room for individual agency and provide incentives for both acculturated Han settlers and sinicized indigenes to claim native status. Several examples, including an 18th-century homicide case in China’s southwestern frontier, substantiate how individuals manipulated their ethnicity for their self-advantage and how these behaviors complicated the personality and territoriality principles of imperial law. In this sense, ethnic law served as an institutionalized distillation of ethnic group boundaries, which were realigned by shifts in self-identity. The legacy of China’s imperial practices of particularistic jural relations continues today.

scholarly journals Competing Allies: Legal Pluralism, and Gendered Agency in Mumbai’s Sharia Courts

2021 ◽  
pp. 1-21
Author(s):  
Sagnik Dutta
Keyword(s):  
Islamic Law ◽  
Participant Observation ◽  
Legal Pluralism ◽  
Women's Agency ◽  
Male And Female ◽  
Women’S Agency ◽  
State Actors ◽  
And Gender ◽  
Personal Law ◽  
Gendered Agency

Building upon participant observation in a women’s sharia court in Mumbai, run by activists of an Islamic feminist movement in India, and its networks with similar alternative dispute resolution forums run by male qazis (non-state actors trained in Islamic law and Muslim personal law), this article explores the modalities of interaction between non-state actors who adjudicate Muslim personal law in India. It also delineates how gendered agency is shaped in these interactions. This article identifies three aspects of this interaction between male and female non-state actors: (1) everyday cooperation between male and female qazi despite their doctrinal differences; (2) the gradual assertion of female qazi in and through everyday cooperation with male qazi; and (3) institutional competition interlaced with everyday cooperation. I explore a range of interactions including contestation and collaborative contestation between non-state actors, a domain that has not been explored in existing scholarship on legal pluralism. I also draw attention to how we might think about women’s agency in a legal pluralist context beyond a straightforward challenge to male authority and as it is forged at the intersection of individuals, interactions, and institutions. Through a critical exploration of women’s agency, I show how women both inhabit and transform gender norms at an individual and institutional level in their interactions with non-state actors and institutions, expanding scholarship on legal pluralism and gender beyond reified “women’s interests.”

scholarly journals THE CHALLENGES IN ENFORCING POST DIVORCE ORDERS OF NATIVE COURTS IN EAST MALAYSIA

2021 ◽  
Vol 29 ((S1)) ◽  
pp. 17-35
Author(s):  
Hanna Ambaras Khan ◽  
Nora Abdul Hak ◽  
Najibah Mohd Zin ◽  
Roslina Che Soh
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Community Leader ◽  
Group Discussions ◽  
Federal Constitution ◽  
Conversion To Islam ◽  
East Malaysia ◽  
The Government ◽  
Personal Law ◽  
The Village

The native court in Malaysia comprises of Mahkamah Anak Negeri Sabah and Mahkamah Bumiputera Sarawak. The existence of this court is recognised by the Malaysian Government and they are mentioned in the Federal Constitution of Malaysia. Although these courts are given power and authority in dealing with the personal law of natives in each state, there are challenges in enforcing post-divorce orders made by these courts. This article is significant since there is a dearth of study on this topic. The main objective of this article is to examine the enforcement of post-divorce orders of native courts within East Malaysia. It will also explore the problems and challenges of divorcees in enforcing divorce orders and provide recommendations to improve the existing system. This article adopts library-based and qualitative research method which consists of group discussions and interviews with the village headman (ketua kampung), headman (penghulu), community leader, native courts’ judges, native court of appeal’s judge, registrar of native court and several divorcees. The result of this research identified four challenges vis-a-vis: the capability to find the husband upon the issuance of the divorce order; second, husband’s default payment of maintenance; lack of manpower in enforcing the order and lastly, husband’s conversion to Islam. Thereafter, this article suggests that the government could provide assistance by empowering court bailiffs or enforcement bodies, increasing funding and to designate a special department for enforcement of divorce orders

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