Gender and Mindscapes of Patriarchy in Poverty Reduction

Is poverty gendered? Feminist theorists suggest that the experience of poverty by any woman is shaped not only by her gender but by ideologies and other systems of social stratification such as race, ethnicity, and class – and that these dimensions are not simply an additional facet of a woman's identity but do affect her gendered experience as well. The narratives examined in this chapter consist of symbolic patriarchy, inheritance laws, gender socialization, domestic division of labor, and certain accounts pertaining to widows and the subordination of women. A scan of the African cultural landscape revealed a profile of rural poverty that is unproportionate, unequal, and sometimes unfairly affects women more than men. Patriarchal and discriminatory practices are stubbornly unyielding in some rural areas and has inflicted a blow against women the most.

An Inheritance Code for New Zealand

<p>In this thesis I review New Zealand's present inheritance laws which are characterised by: 20 disparate statutes stretching back 100 years; a lack of clear and consistent policies; a failure to adapt to fundamental changes in life expectancy, re-partnering and family groupings that have taken place over the last 40 years; inconsistent judicial decision-making; dual jurisdiction of the Family Court and High Court; mechanisms to avoid the consequences of the current legislation. Calls for urgent and fundamental reform have been met by piecemeal ad hoc changes. In contrast, reform in Australia has been systematic and carefully analysed. After considering the two common inheritance regimes around the world (the fixed rule scheme and the court-based discretionary system), I reach two fundamental conclusions: adoption of an inheritance code; recognition of the principle of testamentary freedom. In addition I recommend a number of changes to New Zealand's inheritance laws, and in particular: acceptance of the primacy of the position of a surviving spouse or partner; replacement of the current family protection and testamentary promises claims with support and contribution claims; restriction of estate claims to spouses, partners and minor children; recognition of the rights of "accepted children" (stepchildren and whangai); clarification of the ability to compromise and contract out of claims; empowering one court to administer all inheritance laws; anti-avoidance measures; equating the rights of spouses, civil union partners and long term de facto partners on separation. I conclude this thesis with a skeleton of the proposed inheritance code including drafts of some of the key provisions.</p>

An Inheritance Code for New Zealand

<p>In this thesis I review New Zealand's present inheritance laws which are characterised by: 20 disparate statutes stretching back 100 years; a lack of clear and consistent policies; a failure to adapt to fundamental changes in life expectancy, re-partnering and family groupings that have taken place over the last 40 years; inconsistent judicial decision-making; dual jurisdiction of the Family Court and High Court; mechanisms to avoid the consequences of the current legislation. Calls for urgent and fundamental reform have been met by piecemeal ad hoc changes. In contrast, reform in Australia has been systematic and carefully analysed. After considering the two common inheritance regimes around the world (the fixed rule scheme and the court-based discretionary system), I reach two fundamental conclusions: adoption of an inheritance code; recognition of the principle of testamentary freedom. In addition I recommend a number of changes to New Zealand's inheritance laws, and in particular: acceptance of the primacy of the position of a surviving spouse or partner; replacement of the current family protection and testamentary promises claims with support and contribution claims; restriction of estate claims to spouses, partners and minor children; recognition of the rights of "accepted children" (stepchildren and whangai); clarification of the ability to compromise and contract out of claims; empowering one court to administer all inheritance laws; anti-avoidance measures; equating the rights of spouses, civil union partners and long term de facto partners on separation. I conclude this thesis with a skeleton of the proposed inheritance code including drafts of some of the key provisions.</p>

Perbandingan Hukum Kewarisan Mawâni’ Irtsi dan Dzaw Al-Arham dalam Kompilasi Hukum Islam dan Undang-Undang Waris Mesir

This study aims to compare the inheritance law in Egypt with the existing inheritance law in the compilation of Islamic law in Indonesia. More specifically, this comparative study focuses on the issue of mawani’ irtsi (barrier of inheritance) and inheritance of dzaw arham (relatives of male or female). This is a qualitative research based on library research. The content analysis method is used to describe mawani’ irtsi and dhaw arham in the inheritance laws of Egypt and Indonesia. The results of this study indicate differences between the inheritance laws of Egypt and Indonesia; first: the compilation of Indonesian inheritance law always adjusts to the times, while the Egyptian inheritance law is still traditional by maintaining the views of classical scholars. This is evident when it explained one barrier to inheritance namely religious differences; second: Indonesian inheritance legal material explored classical books, studied modern legislation, and observed local traditions. This can be seen when it explained that men and women get the same share as long as the basis of their agreement. While Egyptian inheritance laws do not take into account modern legislation and do not adopt local traditions; third: the material description in the compilation of inheritance law in Indonesia is concise and sometimes general in nature while the description of the material inheritance law of Egypt is more detailed. This is seen when it explained one of the barrier of inheritance is intentionally killing an heir. In the inheritance law of Egypt, it is explained in detail about types of killings which are a barrier to inheritance, while in the compilation of Indonesian inheritance law is explained in general.

Questioning the Customary Inheritance Law After Law No. 3 of 2006 about Religious Jurisdiction

Customary inheritance dispute might occur when the heirs cannot reach agreement between divisions of property or during inheritance law point which will be used. Indonesia acknowledges 3 existing inheritance laws which are western civil inheritance law, Moslem’s inheritance law, and customary inheritance law. Legal action of inheritance law is usually resolved by deliberation but if there is no agreement reached between these processes, therefore court mechanism can be used to make law suit and dispute resolution. UU No 3 of 2006 about religious jurisdiction is a legal product that is issued to provide improvement (Amendment) against UU No 7 of 1989 about religious jurisdiction. UU No 3 of 2006 is giving significant impact against the existence of custom inheritance law in Indonesia. Before this constitution is created, religious jurisdiction can accept customary inheritance disputes for Moslem people according to the criteria which have been stated in UU No 7 of 1989. Since UU No 3 of 2006 is created, therefore customary inheritance law, even though the heirs are Moslem, must follow the district court mechanism. This will provide increasingly narrow space for the existence of customary law in the future. This program is held in Pati, Central Java, where custom inheritance law still exists and is being used in Pati community. Dissemination and harmonization regarding customary law is important to maintain sustainability and existence of customary law in Indonesia.

Dynamics of Reasonableness and Fairness in a Pluralistic Legal System: Perspectives from Adat, Islamic and Civil Inheritance Law

Reasonableness and fairness are keystones of law. They are implemented broadly and important doctrine for civil law. However, the open nature of reasonableness and fairness allow various interpretations, influenced by the legal system, legal tradition, jurisprudence or measured on a case per case basis. Indonesia recognizes more than one kind of a legal system, making it a legal pluralist State. This article aims to describe the dynamics of the reasonableness and fairness principle within a pluralistic legal system. Indonesian inheritance laws use three different legal systems: Adat, Islam, and civil law, each provides distinctive perspectives of reasonableness and fairness. These differences may lead to a clash of interpretation or it may leave a wide room of discretion for the judges. Court judgments are analyzed to examine the implementation of such dynamics in practice. Finally, the outcome of the paper concludes whether the differences shall be embraced or whether there is a need to agree upon what is ‘reasonable’ and ‘fair’.