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.

A Revolution in The Law of Succession of Malawi

1966 ◽  
Vol 10 (1) ◽  
pp. 21-32
Author(s):  
Simon Roberts
Keyword(s):  
Legal Reform ◽  
Customary Law ◽  
Legal Development ◽  
The Law ◽  
Law Of Succession

The enactment in Malawi of the Wills and Inheritance (Kamuzu's Mbumba Protection) Ordinance, 1964, represents the most significant attempt at legal reform there in recent years. Its importance lies in the fact that it seeks to impose uniformity in an area of the law which had previously been dominated by diverse systems of customary rules. This piece of legislation is in no sense a codification or a restatement of the customary law; it strikes at the very roots of the existing customary systems. Although it is not the first attempt at reform in this area, it is novel in its ambitious aims and unequivocal implications of policy. Because of this, the degree of success which it enjoys will be closely followed by all those interested in the legal development of modern African states.

scholarly journals Prevention of Criminal Action of Corruption through the Initiation of the Dayak Ngaju Traditional Laws

2021 ◽  
Vol 3 (1) ◽  
pp. 115-123
Author(s):  
Kiki Kristanto ◽  
Thea Farina ◽  
Putri Fransiska Purnama Pratiwi ◽  
Libra Adelianty Asuransia
Keyword(s):  
Indigenous Peoples ◽  
Natural Law ◽  
Customary Law ◽  
State Law ◽  
Government Officials ◽  
Central Kalimantan ◽  
The Law ◽  
The Government

Given the complexity of the problem of corruption, it must be treated seriously through a balance of rigorous and precise steps. This step is not only taken by the government and law enforcers, but also by involving the participation of indigenous peoples. In the indigenous Dayak Ngaju community, they are familiar with the principle of not having a bahadat. This principle means that the behavior of life that upholds honesty, equality, togetherness and tolerance and obeying the law (state law, customary law and natural law). According to the author, the existence of the principle of Belom Bahadat can be used as a preventive instrument for the prevention of corruption by government officials in Central Kalimantan Province. This means that there is a contribution of customary law norms to the government's efforts to prevent the occurrence of criminal acts of corruption through the initiation of the belom bahadat principle of Dayak Ngaju customary law.

The Swazi Law of Succession: A Restatement

1965 ◽  
Vol 9 (2) ◽  
pp. 90-113 ◽  
Author(s):  
N. N. Rubin
Keyword(s):  
Customary Law ◽  
The Law ◽  
Law Of Succession

The question, “What is customary law?”, poses a number of different problems. It can (and no doubt it will) give rise to answers which stem from differing interpretations of the sort of discussion that it is attempting to stimulate. It is fair to suppose that some of these will deal with the jurisprudential aspects of customary law, and its relation to other branches of the law. Others may cover the purely procedural and administrative factors that govern the application of customary law in various countries. And yet others may choose to emphasize the changing nature of customary law and the doubts which surround the precise details of its future in many contemporary countries.

The Wills and Administration of Testate Estates Act 1989 and The Intestate Succession Act 1989 of Zambia

1989 ◽  
Vol 33 (1) ◽  
pp. 128-132
Author(s):  
Simon Coldham
Keyword(s):  
The Other ◽  
Customary Law ◽  
The Law ◽  
Conducting Research ◽  
Draft Bill ◽  
The One ◽  
Law Of Succession

After conducting research into the customary law of succession and considering the various arguments for and against reforming succession law, in 1982 the Law Development Commission published a report which favoured reform and which contained a draft bill dealing with testate and intestate succession, and with family provision. Now two laws have been enacted, the one governing wills and the administration of testate estates, the other governing intestacy and the administration of intestate estates. Although there are obvious similarities between the draft bill and the new laws, there are also significant differences. It is not only that the draft bill did not deal with the administration of estates, but that several of its key provisions relating to wills and intestacy have been modified or abandoned.

Compulsory Portion in France

2020 ◽  
pp. 78-107
Author(s):  
Cécile Pérès
Keyword(s):  
Civil Code ◽  
Customary Law ◽  
Roman Law ◽  
French Law ◽  
Historical Tradition ◽  
The Law ◽  
Law Of Succession

This chapter deals with the réserve héréditaire in the French law of succession. In the presence of descendants or, failing that, a surviving spouse, French law limits the deceased’s freedom to dispose of his or her property by will or gifts. A person’s estate is notionally divided into two parts: the quotité disponible, which he or she may freely dispose of, and the réserve héréditaire, which the law transfers to certain designated heirs. The réserve héréditaire of the French Civil code is the fruit of a long historical tradition stemming from both Roman law and customary law. It has constantly adapted to the evolution of society. That evolution continues today. The Act of 23 June 2006 had made the réserve héréditaire evolve in a more liberal direction. However, the foundations of the réserve héréditaire – particularly with regard to descendants – remain solid and unchallenged.

scholarly journals Kontribusi forum anak daerah Kepahiang provinsi Bengkulu (FADEK) dalam perlindungan hak anak

2020 ◽  
pp. 207-224
Author(s):  
Eka Aulia Rizki ◽  
Idi Warsah ◽  
Guntur Putra Jaya
Keyword(s):  
Parental Care ◽  
Children's Rights ◽  
Qualitative Approach ◽  
Customary Law ◽  
Children’S Rights ◽  
Data Presentation ◽  
The Law ◽  
The Government ◽  
Selection Of

This study aimed to determine the contribution of Kepahiang Regional Children's Forum (FADEK) program in an effort to protect children's rights in that region. This study used a qualitative approach. The data were collected through observation, interviews and documentation. After the data were collected, they were further analyzed using Miles, Haberman, and Saldana’s model comprising the selection of data, presentation of data and drawing conclusions. This study found the conclusion that the establishment of this forum departed from Kepahiang youth’s concerns on the lack of parental care for children's rights, so this forum had the main mission to minimize the cases children experienced from both their surrounding people and other people. The contributions of this forum were: For the government, this forum made Kepahiang a city worthy of children by the Minister of Child and Women's Protection (PPA) in 2019. For the forum members, this forum trained them to become pioneers in struggling for their rights and peers’. For children, this forum provided assistance to children who were coping with the acts violating both customary law and the law on other criminal acts.

scholarly journals TIGA GERAKAN MORAL SEBAGAI HUKUM ADAT MASYARAKAT SUMBA TENGAH

2017 ◽  
Vol 1 (2) ◽  
pp. 213
Author(s):  
Umbu Rauta ◽  
Indirani Wauran ◽  
Arie Siswanto ◽  
Dyah Hapsari Prananingrum
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Cultural Values ◽  
Customary Law ◽  
Community Members ◽  
Security Issues ◽  
The People ◽  
The Law ◽  
The Government

Artikel ini mendeskripsikan bahwa Tiga Gerakan Moral (Gerakan Kembali ke Kebun, Gerakan Hidup Hemat dan Gerakan Desa Aman) yang dicanangkan oleh Pemerintah<br />Daerah bersama komponen-komponen masyarakat adat di Kabupaten Sumba Tengah merupakan hukum adat. Tiga Gerakan Moral sebagai hukum adat didasarkan pada pemenuhan unsur-unsur hukum adat yaitu adanya kaidah, masyarakat, sanksi, dan penegak sanksi. Selain itu, artikel ini juga memberikan argumentasi bahwa Tiga<br />Gerakan Moral sejatinya bertujuan mencapai atau mewujudkan kesejahteraan bagi masyarakat Sumba Tengah. Hal ini disebabkan karena melalui Tiga Gerakan Moral,<br />Pemerintah bersama masyarakat bermaksud menyelesaikan persoalan mendasar yang ada yaitu kecenderungan mengabaikan penggarapan lahan kebun, kecenderungan<br />menafsirkan nilai budaya secara kurang tepat sehingga bermuara pada gaya hidup hedonistik, serta gangguan keamanan yang masih cukup tinggi.<br /><br /><em>This article argues that the Three Moral Movements (Back to Field Movement, the Safe Village Movement and the Frugal Lifestyle Movement) launched by the local government and prominent figures of traditional community in Central Sumba Regency meets the qualification of customary law. The categorization of the Three Moral Movements as customary law is based on the fact that the movements consist of customary norms, have been implemented among the traditional community members, and equipped with sanctions as well as the law enforcement elements. Additionally, this article also argues that the Three Moral Movements aims to achieve prosperity for the people of Central Sumba. This is because through the Three Moral Movements, the Government along with the community intends to resolve the existing fundamental problems, which are the tendency of ignoring the cultivation of idle fields, the tendency to mistakenly interpret cultural values that leads to a hedonistic lifestyle, as well as significant security issues.</em>

scholarly journals DIVORCE REFORM AND FAMILY MEDIATION IN ENGLAND: AN OVERVIEW OF THE RELEVANT PROVISIONS OF THE FAMILY LAW ACT, 1996

2012 ◽  
Vol 17 (2) ◽  
Author(s):  
Nora Abdul Hak ◽  
Norliah Ibrahim
Keyword(s):  
Family Law ◽  
Law Reform ◽  
Family Mediation ◽  
Marriage And Divorce ◽  
New Family ◽  
The Family ◽  
Alternative Means ◽  
The Law ◽  
The Government

The article focuses on the divorce reform in England. In 1996, the Family Law Act was passed by the Parliament in England, which is cited as the Family Law Act, 1996. Unfortunately, after it was passed, there were problems concerning its enforcement and the Government decided to postpone the enforcement of some parts of the Act. Generally, the suspension involves the law concerning the ground of divorce and mediation. Although the overall position of the Act remains uncertain, it is significant to examine it because of its strength in upholding the institution of the family. Under the Act, mediation is introduced as it has many advantages such as resolving disputes amicably and it can reduce backlog of cases in the court. It is hoped that the discussion in this article will benefit Malaysia and hopefully we may learn something from the divorce reform that took place in England. In Malaysia, the current Law Reform (Marriage and Divorce) Act 1976 has been enacted since 1976. Perhaps, we may introduce new family legislation governing non-Muslims and include mediation as an alternative means of resolving family disputes.

scholarly journals Role of Traditional Leaders in Conservation of Fishery Resources in Mandah District Indragiri Hilir Regency Indonesia

2021 ◽  
Vol 934 (1) ◽  
pp. 012064
Author(s):  
E Deliana ◽  
S Febriani ◽  
F Ferawati
Keyword(s):  
Geographical Location ◽  
Customary Law ◽  
Legal Research ◽  
Traditional Leaders ◽  
Fishery Resources ◽  
Legal Provisions ◽  
Data Source ◽  
The Law ◽  
The Government

Abstract Fishery resources in Mandah Subdistrict, Indragiri Hilir Regency in Riau Province, has considerable potential and are important resources for the community. However, the utilization of these fishery resources is sometimes carried out in ways that violate the provisions, both positive legal provisions and provisions in customary law that live in the Mandah community. For this reason, it is necessary to examine the role of traditional leaders in conserving fishery resources in Mandah District. The research method used is sociological legal research, with the main data source being primary legal materials, namely binding legal materials, both written and unwritten. The result of the research is that traditional leaders have an important role in conserving fishery resources. They act as institutions that disseminate customary provisions, receive reports on violations of the law that occur and become mediator or judges for violations of the law, especially in the field of fishery resources. Traditional leaders in Mandah play an important role in preserving fishery resources due to the geographical location of Mandah Subdistrict which is quite far from the Regency Capital, causing the government apparatus and legal apparatus on duty in Mandah to be limited in number. In addition, through sanctions against perpetrators of violations, traditional leaders contribute to the protection of fishery resources in Mandah District.

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