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Uighur Marriage Customary Law Study

Posted on:2011-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y L XiaoFull Text:PDF
GTID:2206360308980585Subject:National Law
Abstract/Summary:PDF Full Text Request
The marriage and family relations which the customary law of Uygur marriage norms are the basis of social relations in the fundamental,and relate to the living and multiplying of Uygur people, and long-term stability in Xinjiang region. To some extent,the Uygur marriage and family customary law influences and determines other aspects of customary law, so it is an important part of Uygur customary law.Moreover, as a culture, Uygur marriage customary law should deserve respect, to preserve cultural diversity, to achieve'harmony but not sameness'between different peoples.However,with regard to Uygur marriage customary law scholars, mostly they are willing to do the research on the content of folklore and religion from the perspective elaborated, at present,from the aspective of national law and customary law, the theory of Uyghur marriage customary law has not yet reached a consensus.This paper, using the methods of history, bibliography, field surveys and cross-subject research, focuses on the study of the ethnics who live in the territory of the Xinjiang Uygur Autonomous Region, excluding whom live in Hunan Province, and Central Asian countries of the Uygur; Analyzing historical evolution of Uygur customary law and combining with field survey data, it focus on analysis of contemporary Uygur marriage customary law. Through a panoramic display of Uygur marriage customary law procedures and entities,the unique charm of Uygur marriage customary law and deep analysis of this unique geographical environment, a special sub-cultural circle and special ethnic subject, and particular the impact of Islam can be revealed in this paper. Of course, these factors also make the conflict between Uygur customary law marriage and the national law more obvious, such as the age of marriage, Nica ceremony, marriage object and so on.Consequently, by researching the conflicts and adjustments between national law and Uygur marriage customary law, there's a double significance on integrating mutually between Uygur marriage customary law and statutory law, and what's more, it's conducive for the modern transformation of Uygur marriage customary law and is important for the local legislation of the Xinjiang Uygur Autonomous Region. Uygur marriage customary law not only provides quantities materials for local legislation, but also promotes local legislation more close to the actual situation, the socio-economic development of the ethnic minority areas effectively. Local legislation builds bridges between the the statutory law and Uygur marriage customary law, and provides an essential buffer zone in order to implement the statutory law, and protects the development of Uygur customary marriage law within the authorization of the statutory law.
Keywords/Search Tags:Uygur, marriage customary law, NIKAH, TALAK
PDF Full Text Request
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