Uniform Law in a Divided Society: A Closer Look at the Iraqi Personal Status Code

2021 ◽  
pp. 29-50
Author(s):  
Haider Ala Hamoudi
Keyword(s):  
Divided Society ◽  
Personal Status ◽  
Uniform Law ◽  
Status Code

Women, Islam, and the Moroccan State: The Struggle over the Personal Status Law

2005 ◽  
Vol 59 (3) ◽  
pp. 393-410 ◽  
Author(s):  
Bruce Maddy-Weitzman
Keyword(s):  
Family Law ◽  
Women's Groups ◽  
New Family ◽  
Women’S Groups ◽  
Political Forces ◽  
Personal Status ◽  
The Status ◽  
The Subject ◽  
Status Code ◽  
Status Of Women

Since 1991, the status of women in Morocco has been the subject of widespread debate. Efforts by women's groups and liberal political forces to change the Shari'a-based Personal Status Code (moudawwana), were vigorously opposed by conservative and Islamist forces. For both sides, the issue was central to their overall orientations towards “tradition” and “modernity”. King Muhammad VI ultimately tipped the balance in favor of change. The resulting new Family Law may well mark a milestone in Moroccan society's evolution.

Stumbling Blocks to the Secularization of Personal Status Laws in the Lebanese Republic (1926-2013)

2015 ◽  
Vol 29 (1) ◽  
pp. 31-55 ◽  
Author(s):  
Mark Farha
Keyword(s):  
Civil Society ◽  
Political System ◽  
Top Down ◽  
Personal Status ◽  
Kinship Ties ◽  
Status Code ◽  
Inheritance Laws

Despite recurrent efforts to introduce a civil personal status code since 1926, personal status laws in Lebanon remain regulated by the confessional codices of the country’s eighteen denominations. This article examines how efforts at secularization were repeatedly thwarted due to veto rights accorded to sectarian heads in the Lebanese Constitution. The codification of sectarian marriage and inheritance laws is related to Lebanon’s confessional political system and to the attendant perpetuation of kinship ties and fluctuating confessional attitudes. The latter are measured and compared diachronically with a series of surveys. Paradoxically, the chronic weakness of the Lebanese state would render top-down reform measures an exceedingly difficult task even as it opened the space for increasingly effective civil society activism aimed at dismantling the juridical hegemony of the sects.

The Reform of the Moudawana: The Role of Women's Civil Society Organizations in Changing the Personal Status Code in Morocco

Hawwa ◽  
2005 ◽  
Vol 3 (3) ◽  
pp. 309-333 ◽  
Author(s):  
Oriana Wuerth
Keyword(s):  
Civil Society ◽  
Political Participation ◽  
Constant Pressure ◽  
Civil Society Organizations ◽  
Law And Society ◽  
Women’S Rights ◽  
Personal Status ◽  
The Relationship ◽  
Status Code

AbstractThe relationship between society and law is dynamic and complex, as laws are both the reflection of the society that creates them and the sculptor of the society over which they rule. These two forces exert constant pressure on one another, and if law and society do not adequately mirror each other, tension is likely to result. Law is not a static entity, but rather must adapt itself to society as changes occur within that society; similarly, as law changes, society too will evolve. This process can be seen in Morocco, where the Moudawana, or Personal Status Code, viewed by many as an inherently discriminatory text, has been undergoing a process of reform. The reforms in January of 2004 were both an attempt to increase women's rights and participation in society and a result of women's increased economic and political participation.

scholarly journals Personal Status Code in Morocco

1970 ◽  
pp. 10-11
Author(s):  
Lebanese American University
Keyword(s):  
Fatima Mernissi ◽  
Personal Status ◽  
Moroccan Women ◽  
Viable Model ◽  
Status Code

Fatima Mernissi, a contemporary Moroccan feminist spoke to various Moroccan women from various backgrounds on the issue of marriage and couples. She reports that these women insist on a conjugal couple based on economic and affective equality as the sole viable model and that they are completely dedicated to creating it.

scholarly journals Women and Law

1970 ◽  
pp. 2
Author(s):  
Randa Abul-Husn
Keyword(s):  
Arab World ◽  
Western Countries ◽  
Personal Status ◽  
The Law ◽  
Civil Codes ◽  
Women And The Law ◽  
Status Code

When discussing women and the law in the Arab World, it is imperative to remember that in most of these countries, unlike western countries, a Personal Status Code rather than civil codes legislates the rights and duties of women.

scholarly journals The 1998 Proposed Civil Marriage Law in Lebanon

1970 ◽  
pp. 27-35
Author(s):  
Nadia M. El-Cheikh
Keyword(s):  
The State ◽  
Religious Communities ◽  
Marriage Law ◽  
Jewish Communities ◽  
Civil Marriage ◽  
Article 9 ◽  
Personal Status ◽  
The Republic ◽  
Muslim Communities ◽  
Status Code

The personal status of the Lebanese is governed by the respective laws of the country's eighteen recognized  religious communities. Article 9 of the Lebanese constitution says that the State shall "safeguard for the citizens of whatever religion or sect, due respect to their personal status code and their spiritual interests.'" In addition to the Christian and Jewish communities, the Lebanese constitution recognizes three main Muslim communities, the Sunni, the Shiite and the Druze. Each of these communities possesses its own jurisdiction and sole competence in all matters of personal status. Personal status rules are primarily shari 'a based in that shari'a courts have jurisdiction with regard to the Sunni Hanafi and Shiite Ja'farl sects while the Druze have a Codified Personal Status Law promulgated in 1948 and amended in 1959. The various confessional laws, both Muslim and Christian, contain fundamental differences. Complications arising from having a variety of laws regulating the same issue is particularly acute in the context of marriage between persons belonging to different sects. In order to provide some remedy to this situation, the president of the republic presented the cabinet with a detailed draft of a facultative civil personal status code in February 1998.

Unidroit, Eppur Si Muove: The Age of Uniform Law

2017 ◽  
Vol 21 (3) ◽  
pp. 458-461
Author(s):  
Eric Clive
Keyword(s):  
Uniform Law

Statistical Justification of Pearson's Criterion for Testing a Complex Hypothesis on the Uniform Distribution

2018 ◽  
pp. 45-53
Author(s):  
T. V. Oblakova
Keyword(s):  
Uniform Distribution ◽  
Degrees Of Freedom ◽  
Likelihood Function ◽  
Random Number Generator ◽  
Maximum Likelihood Estimates ◽  
Chi Square ◽  
Main Hypothesis ◽  
Pearson Criterion ◽  
Complex Hypothesis ◽  
Uniform Law

The paper is studying the justification of the Pearson criterion for checking the hypothesis on the uniform distribution of the general totality. If the distribution parameters are unknown, then estimates of the theoretical frequencies are used [1, 2, 3]. In this case the quantile of the chi-square distribution with the number of degrees of freedom, reduced by the number of parameters evaluated, is used to determine the upper threshold of the main hypothesis acceptance [7]. However, in the case of a uniform law, the application of Pearson's criterion does not extend to complex hypotheses, since the likelihood function does not allow differentiation with respect to parameters, which is used in the proof of the theorem mentioned [7, 10, 11].A statistical experiment is proposed in order to study the distribution of Pearson statistics for samples from a uniform law. The essence of the experiment is that at first a statistically significant number of one-type samples from a given uniform distribution is modeled, then for each sample Pearson statistics are calculated, and then the law of distribution of the totality of these statistics is studied. Modeling and processing of samples were performed in the Mathcad 15 package using the built-in random number generator and array processing facilities.In all the experiments carried out, the hypothesis that the Pearson statistics conform to the chi-square law was unambiguously accepted (confidence level 0.95). It is also statistically proved that the number of degrees of freedom in the case of a complex hypothesis need not be corrected. That is, the maximum likelihood estimates of the uniform law parameters implicitly used in calculating Pearson statistics do not affect the number of degrees of freedom, which is thus determined by the number of grouping intervals only.

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