CHAPTER SEVEN. THE PERSONAL STATUS OF NONMUSLIMS

2021 ◽  
pp. 147-154
Keyword(s):  
Personal Status

The Riddle of Freedom

2018 ◽  
Author(s):  
David M. Lewis
Keyword(s):  
Power Relationships ◽  
Ancient Greek ◽  
Legal Concept ◽  
Personal Status ◽  
Asymmetrical Power

This chapter looks at the concept of freedom and its articulation in ancient Greek texts. It shows that in the Homeric period, the terminology of slavery and freedom was used only for personal status. In the centuries that followed, these terms were appropriated and applied metaphorically to a variety of asymmetrical power relationships. However, Greeks were able to maintain clear distinctions between slavery as a legal concept and slavery as a metaphor. The chapter concludes with critiques of the methods of M. I. Finley and R. Zelnick-Abramovitz, who do not make clear distinctions between law and metaphor when analysing this terminology, and whose methods have led to convoluted analyses of aspects of Greek slavery.

Be Careful what you Ask for

Hawwa ◽  
2016 ◽  
Vol 14 (1) ◽  
pp. 94-112
Author(s):  
Carolyn Fluehr-Lobban
Keyword(s):  
Islamic Law ◽  
Military Coup ◽  
Personal Status ◽  
The Law

The current Islamist government, ushered in by a military coup in 1989, declared that the Sudan must be governed by Islamic law orshari’ain accordance with what it called the Civilization Project. As expected, the personal status for Muslims laws,Ahwal Shakhsiyya, continued to be governed by shari’a as it has always been. However, the Sudanese society experienced unprecedented changes that are considered un-Islamic, and may be even punishable by law. In this paper two of those changes happened in the institution of marriage. This paper discusses two types of marriage, ‘Urfi and Misyar that are not part of the law, and traditionally unacceptable, and by law deemed by some to be illegal. Some scholars are seeking to normalize and may be legalize both types.

Separating the Church from State: The Kenyan High Court's Decision in Jesse Kamau and 25 Others v Attorney General (Judgment of 24 May 2010)

2011 ◽  
Vol 55 (2) ◽  
pp. 314-319
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Church And State ◽  
Attorney General ◽  
High Court ◽  
Personal Status ◽  
The Church ◽  
Secular State

AbstractSection 66 of the 1963 Kenyan Constitution established the Kadhi's courts with the jurisdiction to determine “questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion”. 26 Christians petitioned the High Court and argued that section 66 was unconstitutional because it, inter alia, violated the principle of separation of Church and state. The court found in their favour and held that Kenya is a secular state, that section 66 violated the doctrine of separation of state and Church, and that it was discriminatory and contrary to section 82 of the constitution which prohibits discrimination. This note gives the facts of the case, the issues before the court and the court's decision. It also analyses the court's decision.

Perlindungan Hukum Harta Bawaan Debitur Pasca Perceraian

2021 ◽  
Vol 1 (1) ◽  
pp. 68-77
Author(s):  
Puspa Fitriyah
Keyword(s):  
Legal Protection ◽  
Legal Liability ◽  
Legal Certainty ◽  
Citizenship Status ◽  
Credit Guarantees ◽  
Personal Status ◽  
The Will ◽  
The Law ◽  
Joint Property ◽  
Husband And Wife

The problem of debt is included in the field of personal status, where marriages are carried out between spouses, which as a result of the law of debt become a burden to be borne together from marriage agreements between citizens, especially related to the distribution of joint assets. How is the legal liability of debtors to creditors in the final period of marriage? and How is the legal protection for the debtor's innate property? Regarding the marriage agreement, it is regulated in Article 29 of Law Number 1 of 1974 concerning Marriage. This is because of the agreement made between the husband and wife both regarding joint property after marriage and the child's guardianship rights as well as the citizenship status of the child and each party. The method used in this research is normative juridical and empirical juridical research which is analyzed using legal certainty theory and legal liability theory. From the results of the research. Events that often occur in the field of debt, debt repayments that must be paid by the debtor are often not as agreed. In the legal certainty of customer credit guarantees on objects of land and building mortgages, there is a decrease in the appraisal value by the bank, but the binding of credit guarantees with mortgages is carried out if a customer or debtor obtains credit facilities from the bank. Divorce is an abolition of marriage accompanied by a judge's decision. or at the will of one of the parties, both husband and wife, through the submission of a claim by one of the parties to the marriage. Keywords: Legal Liability, Debt, Creditors, Wife.

History of Marriage Contracts in Egypt

Hawwa ◽  
2005 ◽  
Vol 3 (2) ◽  
pp. 159-196 ◽  
Author(s):  
Amira El-Azhary Sonbol
Keyword(s):  
Nineteenth Century ◽  
Women's Agency ◽  
Modern Period ◽  
Marriage Contracts ◽  
Personal Status ◽  
History Of ◽  
Women’S Agency ◽  
The Cost ◽  
Husband And Wife ◽  
History Of Marriage

AbstractWhile religious guidance may be central in choosing a spouse or expectations from marriage, until the nineteenth century, it was the contractual nature of marriage that defined the actual union entered into by husband and wife and according to which they lived together. Most importantly, marriage contracts could and often did include specific conditions agreed upon by the parties to the contract. The modern period will witness a shift toward privileging the religious side of marriage at the cost of the contractual and women's agency would experience a serious shift due to modern personal status laws.

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