Marriage and the Family in Caucasia: A Contribution to the Study of North Caucasian Ethnology and Customary Law

Oriens ◽  
1955 ◽  
Vol 8 (1) ◽  
pp. 157
Author(s):  
Ernest Landauer ◽  
Louis J. Luzbetak
Keyword(s):  
Customary Law ◽  
The Family

Reclaiming their socio-economic space in African culture : Shona Women Cross-Border Traders of Zimbabwe

2021 ◽  
Vol 2 (1) ◽  
pp. 65-82
Author(s):  
Enna Sukutai Gudhlanga
Keyword(s):  
Well Being ◽  
Global South ◽  
Customary Law ◽  
African Woman ◽  
African Culture ◽  
Economic Activities ◽  
Cross Border ◽  
Success Stories ◽  
The Family ◽  
The Cross

The advent of colonialism relegated the traditional African woman to the fringes of the family and society through codified customary law. The Shona women of Zimbabwe were some of the worst affected as they were re-defined as housewives who had to rely on their husbands for the up-keep of the family. However, in as much as globalisation has been accused of having brought some crisis on the African continent and side-lined a significant number of indigenous players, for the African woman in the global south it has brought some form of re-awakening. Globalisation seems to have re-opened the avenues for Shona women and enabled them to re-negotiate their entry back into the economic activities of the family and the public sphere. Despite the general lack of interest in the activities of women and in the strategies used by the poor for survival, it is a known fact that Shona women have become a force to reckon with in terms of cross-border trading in Zimbabwe. This research was prompted by the general hub of activity at the country's borders before the onslaught of the COVID-19 pandemic and the predominance of women traders who traverse the borders but whose activities have either not attracted enough attention to get their work recognised, or simply because they are taken for granted. Despite such strides, women in the cross-border trading business have instead garnered a certain stigma around them to the extent that the magnitude of their work is largely unrecognised. Yet elsewhere, the significance of women in informal trade is well documented. This study argues that women have not been left out in the global arena of trade. Desai (2009) acknowledges that the global economic openings in the informal sector have afforded women the opportunity to become active players in the markets of the global South. It is the aim of this research to investigate how globalisation has influenced the nature of the activities of Shona women in the cross-border trading business in Zimbabwe and their impact on the social well-being of the family and the nation’s economy at large. The research is largely qualitative in nature. Purposively selected Shona female cross-border traders at the Gulf Complex and Copacabana Market in Harare were interviewed before the COVID pandemic. The study revealed that the transnational activities of these Zimbabwean women are more wide-spread than has been anticipated. The study also revealed that women are unrecognised pillars in the economy of Zimbabwe as reflected in their success stories that have benefited Zimbabwe as a country. The study was informed by Africana Womanist theory which is embedded in African culture with special leaning on Ubuntu/ Unhu philosophy which recognises the complementary roles and partnerships of both men and women in resolving society's challenges.

scholarly journals MODERNIZATION OF LEGAL REGULATION OF OSSETIAN’S MARRIAGE AND FAMILY RELATIONS

2020 ◽  
Author(s):  
Т.Т. ДАУЕВА
Keyword(s):  
Gender Stereotypes ◽  
Family Relations ◽  
Legal Regulation ◽  
Customary Law ◽  
Annual Reports ◽  
Marriage And Family ◽  
The Family ◽  
Traditional Marriage ◽  
The Russian Empire ◽  
Traditional Norms

В статье представлен сопоставительный анализ инноваций в семейной сфере осетин, их синтеза с традиционными компонентами семейного быта. Особое внимание уделяется особенностям взаимодействия таких институтов регулирования, как обычное право осетин, церковные установления и законодательство Российской империи. Теоретическую основу работы составили концепции ученых, исследовавших проблемы традиционных брачно-семейных отношений, особенностей трансформации семьи в период пореформенной модернизации. Источниковой базой для статьи послужили ранее не опубликованные архивные материалы: судебные дела по разводам, выплатам калыма, двоеженства; переписка Владикавказской епархии с начальником округа; ежегодные отчеты начальников округов Осетии начальнику Терской области. Новизна предопределена предметным обращением к новациям и их конкретным результатам: противоречиям между традиционным укладом семьи и некоторыми трансформациями, например, изменениями гендерных стереотипов и пр. Объектом исследования является традиционная осетинская семья XIX в. с характерными для той поры обычаями и традициями. Своей целью мы поставили выявление особенностей внедрения новаций, присущих российскому администрированию, в брачно-семейную сферу осетин. Следует уточнить, что научному анализу подвергаются отдельно взятые аспекты традиционных норм и установок патриархальной семьи. Высказывается мнение, что именно в семье воплотились наиболее значимые трансформации гендерных стереотипов, что имело свое отражение и в некоторых аспектах этнического сознания осетин. The article presents a comparative analysis of innovations in Ossetians family sphere and their synthesis with traditional components of family life. Special attention is paid to the peculiarities of interaction between such regulatory institutions as Ossetian customary law, church orders, and the legislation of the Russian Empire. The theoretical basis of the work is based on the concepts of those scientist who researched the problems of traditional marriage and family relations, the peculiarities of family transformation in the period of post-reform modernization. The source base for the article was previously unpublished archival materials: court cases on divorce, bride prices; the Vladikavkaz diocese correspondence with the district chief; annual reports of the district chiefs of Ossetia to the chief of the Terek region. The novelty is predetermined by a substantive appeal to innovations and their concrete results: contradictions between the traditional way of life of the family and certain transformations, for example, changes in gender stereotypes, etc. The object of the research is a traditional Ossetian family of the XIX century with customs and traditions typical for that period. Our goal is to identify the features of introducing innovations applied by Russian administration in the marriage and family sphere of the Ossetians. It should be clarified that only specific aspects of traditional norms and attitudes of the Patriarchal family are subject to scientific analysis. It is suggested that it was in the family where the most significant transformations of gender stereotypes took place, which was also reflected in some aspects of the ethnic consciousness of the Ossetians.

scholarly journals KAJIAN PERBANDINGAN DALAM PEMBAGIAN WARIS BERDASARKAN PADA HUKUM ISLAM DAN HUKUM ADAT

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Hereditary System ◽  
The Family ◽  
The Status ◽  
Approach Method ◽  
The Subject

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

Certain Aspects Of Chinese Customary Law In The Light Of Japanese Scholarship

1955 ◽  
Vol 17 (3) ◽  
pp. 535-547 ◽  
Author(s):  
Henry McAleavy
Keyword(s):  
Hong Kong ◽  
East Asia ◽  
Family Law ◽  
Customary Law ◽  
Practical Significance ◽  
South East Asia ◽  
Efficient System ◽  
Chinese Law ◽  
The People ◽  
The Family

IN October 1948, the Governor of Hong Kong appointed a committee to consider the position of Chinese law and custom in that colony. The report of this committee, which was published in February 1953,1 will have drawn attention to the fact that the old family law of China, quite apart from the limited recognition given to it by the courts, continues to exercise considerable influence on the lives of millions of Chinese, not only in Hong Kong, but in the other British territories of South-East Asia. In China itself, as regards matters of the family, the Civil Code of the former National Government had never, over most of the country and for the mass of the people, any very eifectual force, and the customary law continued to exist in almost undiminished vigour until the establishment of the People's Government in 1949.2 Since then the situation has changed completely. New laws regarding marriage and property are effectively enforced, and have everywhere replaced the old customs and, what is still more important, an extremely efficient system of mass-education in the principles of Communism will before long have expelled from people's minds those beliefs on which the old Chinese law was based. From now on, apart from Formosa, it is only in Hong Kong and among the communities of overseas Chinese throughout South-East Asia that Chinese customary family law will continue to exist, but even with such limitations it is still of sufficient importance to make its study of practical significance.

scholarly journals Customary Institutions in the Kei Indigenous Community Against Criminal Case Resolution

2020 ◽  
Vol 3 (1) ◽  
pp. 26-35
Author(s):  
Rudini Hasyim Rado
Keyword(s):  
Social Justice ◽  
Data Analysis ◽  
Customary Law ◽  
Primary Data ◽  
Criminal Cases ◽  
Legal Research ◽  
The Family ◽  
Family Level ◽  
Traditional Institutions

This research is focused on exploring the values of Kei customary law on the settlement of criminal cases that are resolved through customary institutions, by proposing 2 (two) problems, First, how is the existence of the law customary criminal Kei? Second, what is the role of customary institutions in the settlement of criminal cases? This research uses non-doctrinal legal research methods with interviews and observations as primary data. Meanwhile, data analysis is inductive and qualitative. It can be concluded that (1) the formal customary law of Kei is the values that live in the community that are agreed upon and are binding on the community, where the settlement of customary Kei crimes is taken in stages starting from the family level, customary institutions (Soa, Orang Kai and the last tier of Rat). (2) the role of traditional institutions in the settlement of criminal cases is starting to strengthen in society, this is indicated by the level of compliance with decisions and sanctions that are stipulated. People believe that customary cases are resolved by “insiders” (customary institutions) through deliberation (dok Tasdov) with a local wisdom approach to create social justice.

scholarly journals Tinjauan Yuridis Pelakasanaan Perkawinan Walian Tondo (Turunan Raja) Berdasarkan Hukum Adat Kulisusu Utara Kabupaten Buton Utara

2019 ◽  
Vol 1 (2) ◽  
pp. 129-137
Author(s):  
Laode Haniru
Keyword(s):  
Careful Consideration ◽  
Customary Law ◽  
Research Approach ◽  
Legal Norms ◽  
Proper Role ◽  
The Family ◽  
The Status ◽  
Happy Family ◽  
Two Sides ◽  
Husband And Wife

Marriage aims to form a happy family and everlasting. Marriage requires careful consideration in order to persevere in the long periods of time in a relationship as husband and wife. Indispensable attitude of tolerance and put yourself on the proper role. One example of such marriages, i.e. marriage down the bed. Marriage down bed (Walian tundra) frequently took place in the area of North Buton to the culture. Therefore, researchers are interested in writing a research on the status and validity of the marriage bed down according to customary law. (studies in North buton). In this study the author uses the method of normative legal research i.e. research approach the problems and legal norms in force. Legal norms that apply to that form of positive written legal norms such as the Constitution, laws, government regulations and so on. Research results show that implementation of the marriage walian tondro (down bunks) based on customary law Kulisusu Sub-district in Waode village of Buri North Kulisusu can occur if the following: a) the already existing agreement of husband and wife when the wife is still alive, that when I died (wife) then you (the husband) must be married with the sister of girs as a substitute for the mother of our children and this should be known to be mutually agreed by both parties in defense. In the sense that there must be a will from the wife. b) after it is accepted then the two sides will carry out walian tondro (mate's bed). C) Covenant of marriage anniversary match existing Covenant of marriage (islam). D) wedding reception. There are several reasons underlying the onset of mating walian tondro (down bed) so that the wife can provide replacements for descendants as the legitimate successor of the family.

scholarly journals The Implementation of Inheritance Dispute Arrangement Based on Local Wisdom in Gayasan A, Jenggawah, Jember Regency

2021 ◽  
pp. 77-92
Author(s):  
Erfina Fuadatul Khilmi ◽  
Arvina Hafidzah ◽  
Praptika Septi Femilia
Keyword(s):  
Data Collection ◽  
Family Relationships ◽  
Family Members ◽  
Customary Law ◽  
Sociology Of Law ◽  
Literature Study ◽  
Value System ◽  
Social Fact ◽  
Court Action ◽  
The Family

Differences in understanding the distribution pattern of inheritance rights potentially cause disputes which fade the family relationships and merge endless conflicts among the family members. The aim of the research is to comprehend the implementation of inheritance dispute arrangement based on local wisdom as an alternative method in achieving the community’s balance and harmony that they still consider the arrangement through a court action as a taboo of settlement. The research shows several findings; factors that influence the differences in the distribution of inheritance in Gayasan A, Jenggawah, Jember Regency are the absence of communication between the heirs (the giver) and heirs, which is known as debik kek lopaen; and the community’s view of the heirs also influence the distribution of inheritance rights, so that local wisdom is needed as a strategic tool in arranging the disputes by implementing internal discussions among the family members mediated by a customary head and a sanction of exclusion (not diajepi). Data collection was conducted through a combination of literature study and field study by triangulating the results of observations, interviews and questionnaires. The research design applied was the sociology of law with an approach of problem on the unwritten customary law implemented in the community of Gayasan A as a social fact developed from the value system of the community and supported by a theoretical approach

Comparative Law and African Customary Law

2006 ◽  
pp. 640-674 ◽  
Author(s):  
T. W. Bennett
Keyword(s):  
Oral Tradition ◽  
Customary Law ◽  
Sub Saharan Africa ◽  
The Social ◽  
The Family ◽  
International Diplomacy ◽  
Customary Laws ◽  
The Subject ◽  
Sub Saharan ◽  
Normative Order

Customary law grows out of the social practices which a given jural community has come to accept as obligatory. It is a pervasive normative order, providing the regulatory framework for spheres of human activity as diverse as the family, the neighbourhood, the business of merchant banking, or international diplomacy. This article looks at the customary laws of sub-Saharan Africa. It deals with the preservation of the law in an oral tradition and how it has been influenced by certain social, economic, and political structures. This focus requires, in turn, that particular attention be paid to factors influencing the production of texts on customary law. Because information on the subject is limited, outdated, and somewhat subjective, readers must be made aware of how changes in the theories of jurisprudence and anthropology have affected ideas and preconceptions.

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