دور قانون الأحوال الشخصية السوداني للمسلمين في حماية حقوق المرأة

women rights in regard to marriage and divorce, which had been endorsed by Sudanese personal statutes for 1991, also the actions to protect theses rights , with a comparing with Islamic law . The research found that the Sudanese personal law has a strong trend towards expanding the adoption of most forms of these rights , even those which disputable among scholars. In regarding to the protection of these rights, the mere letter of the law is considered as the basis upon which women can claim to get judiciary protection . In addition to that the law includes many actions to protect these rights . which have been detailed in the search.

PROTECTION OF WIFE'S RIGHT TO MAINTENANCE IN BANGLADESH: AN OVERVIEW

Muslim wife has a legal right of maintenance which devolves upon her husband. This rights exclusively created by the marriage and wife is entitled to maintenance during the subsistence of the marriage and after divorce for iddat period under the Islamic Shariah and Muslim personal law in Bangladesh. Usually, the Muslim women enforces the claim for her maintenance while obtaining divorce. Divorce brings distress in her life and it also creates jeopardized situation in the society. In doing so, the controversy arises regarding the post-divorce maintenance beyond iddat period of Muslim women under Islamic Shariah. Though the judiciary of many countries are trying to reform on the post-divorce maintenance but judicial activism of the country have not much advancement in this issue. Hence, the divorced Muslim women are not entitled post-divorce maintenance beyond iddat period in the country. In addition, often women are not get access to family justice rather they suffered adversely for difficulties of legal procedure, male oriented society and non implementation of Islamic values. Therefore, majority divorced woman face many challenges of social justice and not being protected in the present legal system. The study focuses how and to what extent Muslim wife's are being protected through maintenance under the Islamic Shariah as well as the Muslim personal law in Bangladesh.

Competing Allies: Legal Pluralism, and Gendered Agency in Mumbai’s Sharia Courts

Building upon participant observation in a women’s sharia court in Mumbai, run by activists of an Islamic feminist movement in India, and its networks with similar alternative dispute resolution forums run by male qazis (non-state actors trained in Islamic law and Muslim personal law), this article explores the modalities of interaction between non-state actors who adjudicate Muslim personal law in India. It also delineates how gendered agency is shaped in these interactions. This article identifies three aspects of this interaction between male and female non-state actors: (1) everyday cooperation between male and female qazi despite their doctrinal differences; (2) the gradual assertion of female qazi in and through everyday cooperation with male qazi; and (3) institutional competition interlaced with everyday cooperation. I explore a range of interactions including contestation and collaborative contestation between non-state actors, a domain that has not been explored in existing scholarship on legal pluralism. I also draw attention to how we might think about women’s agency in a legal pluralist context beyond a straightforward challenge to male authority and as it is forged at the intersection of individuals, interactions, and institutions. Through a critical exploration of women’s agency, I show how women both inhabit and transform gender norms at an individual and institutional level in their interactions with non-state actors and institutions, expanding scholarship on legal pluralism and gender beyond reified “women’s interests.”

Gondolatok és javaslatok a román Polgári törvénykönyv magyar fordításához

In this paper, we wish to make a few comments on the third edition of the hungarian translation of the Romanian Civil Code, without claiming to be exhaustive. Our translation suggestions concern certain provisions of personal (and family) law, law of property and law of obligations. We will expand on the concepts of legal personality, legal capacity and capacity to act in the personal law section, the concepts of property and assets in the law of property section, and the relationship between the concepts of legal fact and deed in the law of obligations section, and then make translation and correction suggestions for all the other articles in the books mentioned.

Misogyny: Are Personal Laws Androcentric?

The age-old prejudice of misogyny is still retained in insidious form even in legislations. There are numerous international conventions, as well as Constitutional provisions which claim to set man and woman on an equal plane. In India, one legislative sphere which prima facie appears to perpetuate the gender divide are the personal laws. In India, except for the State of Goa, personal matters are determined on the basis of religion. Different religions follow different laws, but what is common to them all, is the secondary position accorded to women. This paper discusses the international provisions dealing with equal human rights such as, Charter of the United Nations, 1945, The Universal Declaration of Human Rights,1948, International Covenant on Civil and Political Rights, 1966, International Covenant on Economic, Social and Cultural Rights, 1966 and The Convention on the Elimination of All Forms of Discrimination against Women. The paper elaborates on the Constitutional provisions providing for equality as well investigates whether the personal law provisions applicable to the Hindu, Muslim, and Christian women dealing with marriage, divorce, guardianship, and inheritance are discriminatory and misogynistic in nature. The paper studies the laws from date of enactment till the present day. The method of study is doctrinal. As a road map or suggestion, the analogous provisions of the Uniform Civil Code in Goa are highlighted. Judicial precedents are cited, suggestions are put forward.

MUSLIM PERSONAL LAW IN SOUTH AFRICA: “UNTIL TWO LEGAL SYSTEMS DO US PART OR MEET?”

South Africa is one of the most prominent examples of pluralism providing recognition to traditional customary and religious law. South Africa’s commitment to legal pluralism is an important development because it reflects not only constitutional dedication tomulticulturalism but also a political and functional need for incorporating traditional and religious legal systems. The legal recognition of Muslim Personal Law in South Africa provides an ideal case study on legal pluralism supported by a multicultural constitutional process. Over 15 years of democracy have passed and the draft Muslim Marriages Act has not yet been introduced into legislation. The issue of legal recognition of Muslim Personal Law in South Africa has highlighted the difficulties that arise when balancing the commitment to individual human rights and religious rights. This paper explores the question: What is the future of Muslim Personal Law in South Africa? Since the draft Muslim Marriages Act has not yet been enacted into legislation, it presents an opportunity to re-examine and rethink how to implement religious law effectively in a secular state. This is discussed in the paper by presentingvarious multicultural and pluralistic jurisdictional family law models, which look at the key relationship between civil and religious authorities.

Application of Muslim Personal Law in the Kenyan Courts: Problems and Prospects

This paper examines the application of Muslim personal law in the Kenyan courts. It addresses jurisprudential issues which engage conventional government judges, magistrates and kadhis (Islamic judges). The interaction between the conventional and religious courts has paved the way for a conflict of laws on matters related to Muslim personal law and has led to an interesting scenario of constructive conversation and criticism that in turn has set the stage for an emerging comparative jurisprudence within a pluralistic society. Factors which contribute toward conflicts include wholesale adoption of Common Law and Islamic law notions and exemption clauses in statutes. To overcome the challenges facing the kadhis’ courts and the application of Muslim personal law in Kenya, the paper proposes the adoption of a progressive comparative jurisprudential approach in responding to emerging legal issues facing Muslim litigants in the Kenyan courts.