scholarly journals Till Death Do Us Part: The Ailment Affecting the Widow’s Life Interest in Kenyan Intestate Succession

2019 ◽  
Vol 4 (1) ◽  
pp. 1-18
Author(s):  
Khalil Badbess
Keyword(s):  
Literature Review ◽  
Customary Law ◽  
Case Review ◽  
Equal Rights ◽  
The Law ◽  
The One ◽  
Law Of Succession ◽  
Legislative Review

Succession law in Kenya has developed from pre-independence where an array of regimes determined inheritance depending on whom they applied to, to an age where a single legislation was made to resolve this multiplicity; the Law of Succession Act. Since then, a new Constitution has been promulgated and the old one repealed. There are certain areas of the Act that resemble the latter more than the former. One such area is that of intestacy. More specifically, the position taken on the one-sided determination of the life interest of a widow upon remarriage. This study tackles this issue and finds that Sections 35(1) and 36(1) are indeed contrary to the entitlement of rights in Article 45(3) guaranteeing equal rights to parties within a marriage. It further advances the argument that this inconsistency has its possible origins in African Customary law and owes its longevity to a foregone constitutional era. The recommendation offered is an amendment to the Act aimed at equalising the parties to a marriage by ensuring parity in the duration of the life interest. In addressing itself on these issues, a synthesis of literature review, case review, legislative review and a key analysis of constitutional preparatory documents is used.

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.

Integration of one-dimensional equations of motions

2020 ◽  
pp. 79-90
Author(s):  
Gleb L. Kotkin ◽  
Valeriy G. Serbo
Keyword(s):  
Potential Energy ◽  
Field Change ◽  
One Dimensional ◽  
System A ◽  
Small Correction ◽  
The Law ◽  
The One ◽  
The Given ◽  
Equations Of Motions

If the potential energy is independent of time, the energy of the system remains constant during the motion of a closed system. A system with one degree of freedom allows for the determination of the law of motion in quadrature. In this chapter, the authors consider motion of the particles in the one-dimensional fields. They discuss also how the law and the period of a particle moving in the potential field change due to adding to the given field a small correction.

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.

RICARDO AND RICARDIANS ON THE ORDER OF CULTIVATION

2018 ◽  
Vol 40 (3) ◽  
pp. 389-399
Author(s):  
Christian Bidard
Keyword(s):  
Natural Order ◽  
Static Approach ◽  
The Law ◽  
The One ◽  
Law Of Succession ◽  
David Ricardo

The Ricardian dynamics are based on the study of the order of cultivation when demand increases. Piero Sraffa criticized David Ricardo for having assumed that the incoming method is defined by a natural order, and stressed that the law of succession of methods is based on a profitability criterion. Then, in the case of intensive cultivation, the question is whether the incoming method is indeed more productive than the one it replaces. Sraffa’s argument relies on the positivity of rent. However, there is a flaw in his reasoning, and a failure of the Ricardian dynamics is possible. Post-Sraffian scholars have misunderstood that construction and have substituted a static approach for it. The critiques they address to Sraffa are better understood by returning to Ricardo and Sraffa’s own methodology. Fifty years ago, mathematicians rediscovered Ricardo’s approach independently and worked out a powerful algorithm inspired by it.

Descent and Inheritance in Zoroastrian and Shiʿite Law: A Preliminary Study

Der Islam ◽  
2017 ◽  
Vol 94 (2) ◽  
Author(s):  
Maria Macuch
Keyword(s):  
Islamic Law ◽  
Formative Period ◽  
Customary Law ◽  
Distinctive Features ◽  
Family Ties ◽  
Sasanian Empire ◽  
Preliminary Study ◽  
The One ◽  
Law Of Succession ◽  
Traditional Norms

Abstract:The Twelver Shiʿite law of inheritance constitutes one of the most distinctive features of the legal system in comparison with Sunni law. Although there are major and even irreconcilable divergences between the Sunnite law of succession according to all four legal schools on the one hand and Twelver Shiʿite law on the other, no convincing explanations for this striking development within Islamic law itself, leading to two fundamentally distinct systems, have hitherto been put forward. The aim of this preliminary study is to call attention to several remarkable correspondences between the complex Iranian (Zoroastrian) law of succession, conceived to support the specific needs of aristocratic descent groups in the Sasanian period, and Twelver Shiʿite regulations, reflecting a very similar underlying concept of family ties and descent groups as a whole. The question is, whether these congruencies are purely coincidental or based on age-old social and traditional norms, which continued to be practised in the regions of the former Sasanian empire after the Islamic conquest. As Sasanian norms remained operative in customary law (now documented by Pahlavi legal documents from 8th century Tabarestān) during the formative period of Islamic law and the Sunnite regulations, being based to a large extent on pre-Islamic tribal law in Arabia, contrast sharply with the Shiʿite concept, it would be consistent to assume that certain precepts in the pre-Islamic Iranian system had an important impact on the development of the Twelver Shiʿite law of inheritance.

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.

scholarly journals Implikasi Putusan Hakim Dalam Penetapan Sanksi Di Bawah Minimum Terhadap Tindak Pidana Narkotika

2019 ◽  
Vol 3 (1) ◽  
pp. 129-146
Author(s):  
Endy Ronaldi ◽  
Dahlan Ali ◽  
Mujibussalim Mujibussalim
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Research Method ◽  
Court Decisions ◽  
The Supreme Court ◽  
The Law ◽  
The One ◽  
Principle Of Legality

Tindak pidana narkotika merupakan kejahatan luar biasa sehingga menjadi prioritas pemerintah untuk diperangi. Penanggulangan tindak pidana narkotika diatur dalam Undang-Undang No. 35 Tahun 2009 tentang Narkotika. Salah satu pengaturan dalam undang-undang tersebut adalah pemberian sanksi di bawah minimum melalui putusan hakim. Sebagaimana kasus yang terjadi dalam Putusan Nomor 64/PID/2012/PN Sigli, Putusan No. 1/pid.sus/2016/PN Cag. (narkotika) dan Putusan No. 14/pid.sus/2016/PN Cag. Adapun permasalahan yang dikaji yaitu faktor penyebab hakim memutuskan sanksi di bawah minimum kepada pelaku narkotika dan implikasinya. Metode penelitian yang digunakan adalah metode yuridis normatif dengan mengkaji aspek normatif atas permasalahan yang dikaji. Pendekatan yang dilakukan adalah pendekatan kasuistik dengan menelaah putusan pengadilan. Putusan pengadilan dengan penetapan sanksi di bawah minimum disatu sisi bertentangan dengan asas legalitas dalam hukum pidana. Sehingga hal ini diakomodir dalam Surat Edaran Mahkamah Agung No. 3 tahun 2015. Narcotics crimes are extraordinary crimes so that become government priorities to be minimized. Tackling narcotics crime is regulated in Law No. 35 of 2009 concerning Narcotics. One of the regulations in the law is to impose sanctions below the minimum through a judge's decision. As the case with is the Decision Number 64/PID/2012/PN Sigli. The problems studied are the factors that cause the judge to decide the minimum sanctions for narcotics and their implications. The research method used is a normative juridical method by examining the normative aspects of the problem under study. The approach taken is a casuistic approach by examining court decisions. Court decisions with the determination of sanctions below the minimum on the one hand are contrary to the principle of legality in criminal law. So that accommodated in the Supreme Court Circular No. 3 of 2015.

scholarly journals Penetapan Wilayah Adat dan Masyarakat Hukum Adat Desa Penyengat Kecamatan Sungai Apit Kabupaten Siak

2020 ◽  
Vol 19 (2) ◽  
pp. 12-28
Author(s):  
Wahyu Damon Prakoso
Keyword(s):  
Data Collection ◽  
Literature Review ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Secondary Data ◽  
Customary Law ◽  
Primary Data ◽  
Data Source ◽  
Customary Land

The problem that occurs is how the indigenous people of swamps interpret the lack of management territory, the loss of livelihood resources and organize themselves to seize opportunities for management rights. The problem of customary land and indigenous peoples above, the researchers felt the need to study more deeply on the Determination of Indigenous Areas and Customary Law Communities in Penyengat Village, Sungai Apit Subdistrict, Siak Regency, Based on the Minister of Home Affairs Regulation No. 52 of 2014 concerning Guidelines for the Recognition and Protection of Indigenous Peoples. This type of research is sociological, so the data source used is primary data from interviews, secondary data from libraries and tertiary data from dictionaries, media, and encyclopedias. Data collection techniques are done by observation, interviews, and literature review.

Integration of one-dimensional equations of motion

2020 ◽  
pp. 3-5
Author(s):  
Gleb L. Kotkin ◽  
Valeriy G. Serbo
Keyword(s):  
Potential Energy ◽  
Equations Of Motion ◽  
Field Change ◽  
One Dimensional ◽  
System A ◽  
Small Correction ◽  
The Law ◽  
The One ◽  
The Given

If the potential energy is independent of time, the energy of the system remains constant during the motion of a closed system. A system with one degree of freedom allows for the determination of the law of motion in quadrature. In this chapter, the authors consider motion of the particles in the one-dimensional fields. They discuss also how the law and the period of a particle moving in the potential field change due to adding to the given field a small correction.

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.

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