A Milestone in the Integration of Personal Laws: The new Law of Marriage and Divorce in Tanzania

1972 ◽  
Vol 16 (1) ◽  
pp. 19-39 ◽  
Author(s):  
James S. Read
Keyword(s):  
East African ◽  
Basic Scheme ◽  
Marriage And Divorce ◽  
The Law ◽  
Draft Bill

When the Commission on the Law of Marriage and Divorce in Kenya presented its Report in 1968, the basic scheme of its proposals, and the draft Bill it had prepared for the reform and integration of the laws, were widely welcomed and it has been a disappointment to many—not least, it may be supposed, to the members of the Commission—that four years have passed without those proposals having been translated into statutory form in Kenya. It is a little ironic, though no doubt an interesting example of East African inter-dependence, that the essential basis of those proposals, and indeed in many respects the detailed draft provisions which accompanied them, have now been given their first legislative effect not in Kenya but in Tanzania.

THE MARITIME ZONES OF EAST AFRICAN STATES IN THE LAW OF THE SEA: BENEFITS GAINED, OPPORTUNITIES MISSED

2008 ◽  
Vol 16 (2) ◽  
pp. 121-150 ◽  
Author(s):  
ALDO CHIRCOP ◽  
DAVID DZIDZORNU ◽  
JOSE GUERREIRO ◽  
CATARINA GRILO
Keyword(s):  
Law Of The Sea ◽  
East African ◽  
The Law

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
The Real ◽  
The Past ◽  
Marriage And Divorce ◽  
Conversion To Islam ◽  
Family Issues ◽  
The Law ◽  
Muslim Family

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

Law of Persons

2019 ◽  
pp. 73-127
Author(s):  
V.C. Govindaraj
Keyword(s):  
Muslim Women ◽  
Muslim Woman ◽  
Marriage And Divorce ◽  
The Law ◽  
Matrimonial Law

This chapter deals with the law relating to marriage and divorce, as interpreted and applied by courts in India. Marriage involves many topics/processes such as celebration, divorce, nullity, etc., and each one is accorded a different treatment by the concerned law. The following topics/processes under each matrimonial law are discussed: pre-solemnization requisites; solemnization; divorce; marriages solemnized under the Foreign Marriages Act, 1969; the conversion of spouses of the Hindu, Christian, and Parsi marriages to Islam, and right to polygamy after such conversion; conversion of Muslim women from Islam after dissolution of marriage under Muslim Law; and rights of a Muslim woman to seek divorce and maintenance.

The Law of Personal Status: Wives, Paupers, and Slaves

2019 ◽  
pp. 173-212
Author(s):  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Civil Rights ◽  
Common Law ◽  
White Men ◽  
The United States ◽  
Political Rights ◽  
Poor Laws ◽  
Marriage And Divorce ◽  
The Common ◽  
The Law

This chapter discusses the law on marriage and divorce, family property, adoption, poor laws and social welfare, and slavery and African Americans in the United States. In the colonial period, the United States had no courts to handle matters of marriage and divorce. Marriage was a contract—an agreement between a man and a woman. Under the rules of the common law, the country belonged to the whites; and more specifically, it belonged to white men. Women had civil rights but no political rights. There were no formal provisions for adoption. A Massachusetts law, passed in 1851, was one of the earliest, and most significant, general adoption law. The so-called poor laws were the basic welfare laws.

A Treatise on the Law of Marriage and Divorce

1924 ◽  
Vol 33 (4) ◽  
pp. 454
Author(s):  
Karl Nickerson Llewellyn ◽  
Frank H. Keezer
Keyword(s):  
Marriage And Divorce ◽  
The Law

Modernising the regulation of health and social care professionals: the Law Commissions’ final report and draft Bill

2014 ◽  
Vol 16 (6) ◽  
pp. 411-420
Author(s):  
Tim Spencer-Lane
Keyword(s):  
Design Methodology ◽  
Social Care ◽  
Legal Framework ◽  
Final Report ◽  
Content Type ◽  
Health And Social Care ◽  
The Law ◽  
Draft Bill ◽  
The Uk

Purpose – The purpose of this paper is to summarise the Law Commissions’ final report and draft Bill on the regulation of health and social care professionals. Design/methodology/approach – To summarise the key recommendations that are relevant to adult safeguarding. Findings – The final report concludes that new legislation is needed to govern the UK regulators of health and social care professionals. Originality/value – The paper sets out the recommended new legal framework.

Nationalist Priorities and Restrictions in Immigration: The Case of Israel

2008 ◽  
Vol 2 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Chaim Gans
Keyword(s):  
Jewish People ◽  
The State ◽  
Right Wing ◽  
Fully Integrated ◽  
Israeli Government ◽  
Occupied Territories ◽  
The Law ◽  
Draft Bill ◽  
The Right ◽  
Law Of Return

It may be that the appropriate demographic objective of Israel as a country in which the Jewish people realize their right to self-determination is the existence of a Jewish public in Israel in numbers sufficient to allow its members to live in the framework of their culture. It may also be that the appropriate demographic objective of Israel should be the existence of a Jewish majority within it. While I discussed this issue elsewhere; here I discuss the legitimate means for the realization of these goals. Israel’s principal means for realizing these objectives thus far has been its Law of Return and its Citizenship Law. These laws afford every Jew anywhere in the world the right to immigrate to Israel and become a citizen of the State of Israel. Many liberals and left-wingers consider these laws to be tainted with racism, because they regard any nationally-based preference with regard to immigration to be a form of racism. In the first part of my paper I argue against this position. I offer three justifications for nationality-based preferences in immigration. However, the fact that nationality-based priorities in immigration are not necessarily racist and that there are legitimate human interests justifying such priorities, does not entail that the specific priorities manifested by Israel’s Law of Return and its other immigration and citizenship policies are just. These policies in effect mean that all Jews and only Jews (or anyone related or married to a Jew) have the right to immigrate to Israel and to become fully integrated in Israeli life. In the second part of the paper, I argue that these two aspects of Israel’s immigration policies, namely, its almost categorical inclusion of all Jews and its almost categorical exclusion of all non-Jews, are somewhat problematic. In addition to the Law of Return, a number of additional ways to ultimately increase the number of Jews in relation to the number of Arabs have been proposed and even adopted in Israel in recent years. During the incumbency of the fifteenth Knesset, right-wing Member of Knesset Michael Kleiner tabled a draft bill intended “to encourage people that do not identify with the Jewish character of the state [i.e., Palestinian citizens of Israel C.G.] to leave.” The Israeli Government later tabled a bill—that was eventually passed—to amend the Israeli Citizenship Law in a manner that would deny Arabs who are Israeli citizens and have married Palestinian residents of the Occupied Territories the right to live in Israel with their spouses and children. In the third part of the paper, I clarify why in contrast to granting Jews priority in immigration, both the aforementioned laws, namely, Kleiner’s law and the law pertaining to family unification are racist and are therefore morally unacceptable.

The Law of Succession in Zambia: Recent Proposals for Reform

1983 ◽  
Vol 27 (2) ◽  
pp. 162-168 ◽  
Author(s):  
Simon Coldham
Keyword(s):  
Customary Law ◽  
First Report ◽  
Marriage And Divorce ◽  
The Law ◽  
The Government ◽  
Law Of Succession ◽  
Near Future

The 1982 Report on the Law of Succession (the Report) was the first report to be published by the Law Development Commission (the Commission) sinceit was established in 1974. This almost certainly indicates the importance which the government of Zambia attaches to the reform of the law of succession, and perhaps marks a change of attitude on its part towards customary law, which could also have implications for the law of marriage and divorce. Statements by government ministers indicate that legislation along the lines proposed by the Commission is likely in the near future. It seems appropriate, therefore, to appraise these proposals and to compare them with reforms carried out elsewhere in Commonwealth Africa.

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