Hui Marriage Customary Law Study

Muslim marriage customary law, as a branch of customary laws, plays an important role whether in the past, present or future. In recent years, with the development of the national legal system and the building of harmonious society, a strong voice advocating the protection of cultural heritage of ethnic minorities rising, scholars begin to study in-depth cultural minorities, and one of them is Muslim customary law. For the Hui, a nationality that whole people believe in Islam, its customary law which is positive in national culture is not known by most people, even worse, some people misunderstand some issues. Nowadays, the politics, economic, culture having experienced rapid development, for development of Muslim regions and the whole country, it is of great significance to know and treat the Muslim customary law exactly, maintain and promote the development of cultural diversity, and learn from the excellent national culture,which promote the significantly.Taking the Xiji County as an example, this paper, starting with the Muslim marriage customary law, see the specific content of customary law and customary law's operation force in the local Muslim Marriage through interviewing and investigation on one hand; on the other hand, from the viewpoint of conflict and integration between customary law and state statutes, explore further the realistic meaning and effect to the maintenance of marriage customary law for local stability of Hui, national unity, social harmony and maintaining cultural diversity aimed at achieving "courteous" model of development between Hui Customary Law and National Law, as well as the realization of regional and national harmony.This article is divided into five chapters, including preface, which is focused on the purpose of topics, the main ideas and the researching methods, and the conclusion to papers'innovation and weaknesses.The first chapter is an overview of Unwritten Law, the first section present the main content of customary law, from the perspective of the historical development, in order to pave the way to the below. In section two, it shows the influence of Muslim marriage customs Law on local society.The second chapter is on the adjustment of both Muslim customary law marriage and "marriage", it makes comparison between Muslim marriages customary law and our current marriage law, common law marriage, aiming at highlighting the consistence and conflict between both, also present and put forward countermeasures thinking to the latter.The third chapter is a prospect of the future Muslim marriage, customary law. This chapter based on the current construction of harmonious society and cultural diversity of development ideas brings the Muslim marriage culture into the source of social and cultural development that reveals the great vitality of customary law and important role, and consequently reached the conclusion.Hegel once said, "That existed is rational." With the fast developing of society, economy, science and technology, although Muslim marriage and customary law have gone through the vicissitudes of history, Muslim communities still need it to guide people's thinking and behavior. And customary law is still playing an active role in regional stability unity and the national development. Thus, How to deal with the positive factors in minority cultures appears to be more important to the prosperity of the Chinese nation.