Traditional Marriage System Of Islam

Different imbalances and traditional cultural values and social development, will inevitably lead to legal pluralism phenomenon. Among the legal system of a country, state law and customary law coexist is a fact. The number of ethnic minorities are more Muslim and account for a large part of the scale. In China, the Hui people are Muslims, therefore, followed the Muslim customary law is derived from traditional Islamic law. Traditional Islamic law after the Chinese and Hui binding, it has been in the form of The Muslim customary law was handed down from generation to generation, influenced by different societies and different historical periods of political and economic forms, Muslim customary law and State bound France have some conflict. Our country is multi-ethnic, huge minority customary law system, the Hui is an important part, which is why Muslim customary law and state law will inevitably lead to conflict, deal with the relationship between the two is crucial. In the study of customary law of ethnic minorities, which is an enduring problem. Handle the relationship between the two is not only academic research has a great contribution, but also for the relationship between minority and governance provide a basis.This paper selects the institution of marriage as a starting point, the study of traditional Islamic law in the institution of marriage in the Marriage influence on our contemporary customary law, for example, the traditional elements of Islamic law in the establishment of marriage, form of marriage, marriage ban studies, comparative contemporary Muslim marriage of customary law marriages establishment of the elements specified, divorce conditions, the form of marriage, marriage ban provisions, divorce elements, to prove the marriage of Muslim customary law influenced by traditional Islamic law deeper, and how should we face the Muslim customary law and China's current "marriage" of the conflict.The main part of this total is divided into five parts, the first part of the study of traditional Islamic law in the institution of marriage, including the elements of a traditional Islamic marriage law provisions, the rights and obligations between husband and wife, married provisions prohibiting polygamy Changes in regulations and as well as some of its traditional system of Islamic law related to divorce. These studies of traditional Islamic law in the institution of marriage has a clear comb.The second part of the study of traditional Islamic marriage system reform, due to the influence of different historical periods, different regions, different cultural backgrounds and economic development, traditional Islamic institution of marriage in order to adapt to the times and make the appropriate changes. Through this section we can see that the traditional institution of marriage in Islamic law continue to reform and improve them, including the repeal marriage customs, abolition of adult women arranged marriage, the abolition of polygamy, and the reform of the divorce system.The third part of the status quo of contemporary Muslim customary law marriage survey, discusses the relevant provisions of the Marriage Customary Law and the Marriage of the origin of customary law, Islamic law and traditional marriage system echoes, we facilitate comparative studies. This part took a survey research methods, questionnaires, and the corresponding statistics. Muslim customary law marriage status quo have an objective understanding.The fourth part of the customary law of the Marriage and China's current "Marriage" comparative study to find out the marriage of Muslim customary law and China's current "marriage" between conflict and consensus. Consistency between them include: marriage, both men and women enjoy autonomy and the duty to support parents of regulations. And then we found the place of the Marriage Customary Law and China's current "Marriage" Conflict By contrast, a detailed exposition. Through the study of the Marriage customary law and China's current "marriage" in relation to the conflict to find a reasonable solution.The last part of the article focused on the Marriage Customary Law and China's current "marriage" in the conflict to discuss solution to the conflict. Some focused on the Prohibition of the above-mentioned proposed range of consanguineous marriage, marriage conflict program, the age of marriage and polygamy and other aspects of these one by one put forward effective solutions.Through discussion herein, we can see, the boundaries between state law and customary law is sometimes not entirely different. In this case, we first have to adhere to state law as a fundamental premise of full respect for minorities customary law, in favor of social development in ethnic minority customary law shall be maintained. For behind the provision of social development of minority customary law appropriate transformation, and finally achieve the perfect docking state law. Only in this way can the State Law and Minority Custom Law play a role in the process, to make up for each other, act synergistically to accelerate the process of socialist legal construction. The only way to make everything rational use of social resources, the construction of socialist rule of law and social stability has far-reaching significance.