The Need for UCC: An Analysis of the Problems within the Personal Inheritance Laws

2021 ◽  
Author(s):  
YASH AGARWAL
Keyword(s):  
Inheritance Laws

More Than Menander's Acolyte: Terence on Translation

Ramus ◽  
2004 ◽  
Vol 33 (1-2) ◽  
pp. 120-129 ◽  
Author(s):  
Siobhan McElduff
Keyword(s):  
Roman Law ◽  
Probable Reason ◽  
The Difference ◽  
New Comedy ◽  
Inheritance Laws

Michael Cronin once described translation as ‘what saves us from having to read the original’. To cite this statement at the start of any discussion of Terence is a little ironic given that critics have not infrequently used his comedies as an opaque glass through which, if only one squints hard enough, one can read the original Greek New Comedy. Noticeably, these lost originals usually live their imagined existences free from the dramatic flaws of Terence's adaptations. For example, Grant writes on the seeming abruptness of Micio's challenge to Demea at Adelphoe 829-31, that in the Greek original ‘the challenge would not have been as abrupt as it is in the Terentian adaptation. The probable reason for the abruptness is that Terence did not realize the difference between Attic and Roman law [on inheritance] in this respect.’ It is certainly possible that he is right, and that Terence omitted something in Menander which caused problems for the flow of his play. It is, however, also entirely possible that the original was similarly abrupt or that there was some other reason for the scene's choppiness than Terence's lamentable ignorance of the inheritance laws of Athens or his poor skills in translation.

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

Inheritance Laws

2021 ◽  
pp. 2620-2627
Author(s):  
Salvin Paul ◽  
Maheema Rai
Keyword(s):  
Inheritance Laws

The Decline of the Agrarian Economy in Palestine under Roman Rule

2006 ◽  
Vol 49 (3) ◽  
pp. 285-328 ◽  
Author(s):  
Moshe Gil
Keyword(s):  
The Other ◽  
Considerable Part ◽  
Internal Factors ◽  
Agrarian Economy ◽  
The One ◽  
Inheritance Laws

AbstractFive main problems constitute the background for the decline of Palestine's agrarian economy under the Romans. A considerable part of the land was held by the Roman state, a situation that became more extensive than can be documented under previous regimes. Taxation, as described in talmudic sources, pressed heavily on the cultivators. Usury, a matter contrary to sacrosanct ancient prescriptions, was burdening the agrarian population by stratagems and cover-ups. Expropriation became frequent and there were instances of flight of both owners and sharecroppers. Finally, marriage and inheritance laws and customs brought about a far-reaching parceling of estates. It is shown that the decline was caused not only by Roman oppression, but also by internal factors, which together caused urbanization on the one hand, and emigration on the other. Cinq problèmes principaux constituent l'arrière-plan pour le déclin de l'économie agraire de la Palestine sous les Romains. Une partie considérable de la terre a été tenue par l'état romain, une situation qui est devenue plus étendue que peut être documentée sous des régimes précédents. L'imposition, comme décrite dans des sources talmudiques, oppressait fortement sur les cultivateurs. L'usure, qui contredit les prescriptions antiques sacro-saintes, accablait la population agraire par des stratagèmes et dissimulations. L'expropriation est devenue fréquente et il y avait des exemples de fuite des propriétaires et des métayers. Finalement, le mariage et les lois et coutumes de l'héritage ont produit un morcellement excessif des domaines. Y est montré que le déclin a été produit non seulement par l'oppression romaine, mais également par des facteurs internes, qui ensemble ont causé l'urbanisation d'une part, et l'émigration de l'autre.

scholarly journals PELAKSANAAN HUKUM WARIS DI MASYARAKAT KARO MUSLIM SUMATERA UTARA

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Azhari Akmal Tarigan
Keyword(s):  
Legal System ◽  
Customary Law ◽  
Muslim Community ◽  
Inheritance Law ◽  
Muslim Society ◽  
North Sumatra ◽  
The Way ◽  
Inheritance Laws

Implementation of Inheritance Law of the Muslim Karo in North Sumatra. So far, Indonesia has not managed the codification and unification of a national inheritance law. Among the factors is the difficulty of codifying inheritance laws by reason of the diversity of the legal system that governs family matters of the Indonesian people, including inheritance laws. This study examines the way of implementing the inheritance law in Karo Muslim society, North Sumatra. This study focuses on the models of estate distribution to girls and widows. The article concludes that the Muslim Karo people still use customary law to resolve matters relating to inheritance disputes. Customary law that is used is experiencing dynamics or shifts. This happens without giving rise to tension let alone any disturbances within Karo Muslim community itself.DOI: 10.15408/ajis.v14i2.1279

scholarly journals Questioning the Customary Inheritance Law After Law No. 3 of 2006 about Religious Jurisdiction

2021 ◽  
Vol 3 (1) ◽  
pp. 111-122
Author(s):  
Yuli Prasetyo Adhi ◽  
Triyono Triyono ◽  
Muhyidin Muhyidin
Keyword(s):  
Dispute Resolution ◽  
Customary Law ◽  
District Court ◽  
Legal Action ◽  
Inheritance Law ◽  
Central Java ◽  
The Future ◽  
Narrow Space ◽  
Legal Product ◽  
Inheritance Laws

Customary inheritance dispute might occur when the heirs cannot reach agreement between divisions of property or during inheritance law point which will be used. Indonesia acknowledges 3 existing inheritance laws which are western civil inheritance law, Moslem’s inheritance law, and customary inheritance law. Legal action of inheritance law is usually resolved by deliberation but if there is no agreement reached between these processes, therefore court mechanism can be used to make law suit and dispute resolution. UU No 3 of 2006 about religious jurisdiction is a legal product that is issued to provide improvement (Amendment) against UU No 7 of 1989 about religious jurisdiction. UU No 3 of 2006 is giving significant impact against the existence of custom inheritance law in Indonesia. Before this constitution is created, religious jurisdiction can accept customary inheritance disputes for Moslem people according to the criteria which have been stated in UU No 7 of 1989. Since UU No 3 of 2006 is created, therefore customary inheritance law, even though the heirs are Moslem, must follow the district court mechanism. This will provide increasingly narrow space for the existence of customary law in the future. This program is held in Pati, Central Java, where custom inheritance law still exists and is being used in Pati community. Dissemination and harmonization regarding customary law is important to maintain sustainability and existence of customary law in Indonesia.

Elizabeth Wilson, the Bible, and the Legal Rights of Women in the Nineteenth Century

2011 ◽  
Vol 5 (2) ◽  
pp. 219-232
Author(s):  
Joy A. Schroeder
Keyword(s):  
Nineteenth Century ◽  
Legal Rights ◽  
Male And Female ◽  
The Bible ◽  
Church And Society ◽  
Marital Property ◽  
1 Samuel ◽  
Woman's Rights ◽  
Equal Right ◽  
Inheritance Laws

In 1849, Elizabeth Wilson (fl. 1849-1850) published an impassioned defense of women’s rights entitled A Scriptural View of Woman’s Rights and Duties. Her work critiques patriarchy in church and society, arguing in favor of women’s social and legal rights within marriage. Challenging prominent male biblical commentators, Wilson asserted that male and female were created as equal co-sovereigns over creation. She claimed that biblical patriarchs and matriarchs exercised equal authority within the marriage relationship. Wilson’s most striking example is Abigail, who distributed household property, an extravagant gift of dressed sheep and other food, to David, against her husband Nabal’s wishes (1 Samuel 25). Wilson uses this story to prove that wives have equal right to administer marital property. Thus she offers an incisive critique of American property and inheritance laws biased against wives and widows.

Family and Fortune: Louisa May Alcott, Inheritance, and the Legacy of Aunts

2020 ◽  
Vol 93 (1) ◽  
pp. 48-73
Author(s):  
Susan S. Williams
Keyword(s):  
Nineteenth Century ◽  
Louisa May Alcott ◽  
Social Good ◽  
Little Women ◽  
Inheritance Laws

This article examines Louisa May Alcott's The Inheritance and Little Women in the context of mid-nineteenth century inheritance laws and Alcott's biography. Focusing in particular on Alcott's depiction of widowed aunts, it argues that these works expand definitions of family while also advocating using wealth for social good within and across generations.

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