Study On China’s Uyghurs Marriage Customary Law

Uyghur Customary Law is gradually formed during the long process of everydaylife of the nation. It is a norm of lifestyle as well as the ideological and conventionalmode of specification which is abided by the nation. The cultural, geographical,economical, political and regional base of Uyghur Marriage Customary Lawdetermined its significance in their life in the past and present. Thanks to the nationaltaboo, traditional morality and religious doctrine (especially Islam) Uyghur MarriageCustomary Law is rich in its content and relatively stable.In terms of Uyghur Marriage Customary Law, Uyghur generally do not choosesomeone who doesn’t believe in Islam as marriage partner; It is legal to merry arelative beyond second generation (one’s cousin, for instance). It is forbidden to merrycertain range of marital relative or a relative who are fed by the same mother. Intraditional Marriage Customary Law, women are not forbidden to merry a man who ismarried. That is to say,“polygamy” is allowed. However, men are forbidden to marrya woman who is married. That is,“polyandry” is forbidden. At present, all the Uyghurare opposed to “polyandry”, most Uyghur do not support “polygamy”, but still somepeople go along with it. Previously they advocated early marriage, marital age isyounger, nowadays marital ages is basically consistent with the legal provisions of thecountry.In terms of Uyghur Marriage Process Law，Marriage Law regulates things as,betrothal gifts from the bridegroom to the bride’s family, family property agreement,property relationship in terms of paying and returning etc; Before libration, whenUyghur marry the effectiveness of marriage is confirmed in the form of “nika”, afterlibration, coexistence of both “nika” and “registration” is gradually formed. Since afew numbers of people still confirm the effectiveness of marriage in the traditional way,nowadays the phenomenon of de facto marriage still exist in Uyghur society.In terms of Divorcing and Remarrying Customary Law of Uyghur, before theliberation divorce is men’s privilege, generally women have no right to divorce. Men’sunilateral verbal divorce behavior seriously violated the women’s rights; nowadays,although the effect of unilateral divorce still exists, given the situation of national legalprotection of women’s rights, modern Uyghur abandoned the habit of men’s single willdivorce by and whole; according to traditional Remarriage Customary Law, if a woman want to remarry she must go through certain length of “await marriage” period,nowadays following the development of medical science,“await marriage” period islosing its existing foundation.National Law Marriage Law tolerates the marital age in Uyghur MarriageCustomary Law but forbids the customs in relation to divorce. Present UyghurMarriage Customary Law adopts national Marriage Law in terms of freedom inselecting marriage partner, confirming the effectiveness of marriage. However, thereare some inconsistency between national Marriage Law and Uyghur MarriageCustomary Law. Constitution, Marriage Law, Law of National Autonomy endowedpeople’s congresses of national autonomous areas with the right to formulate flexibleregulations according to the actual conditions of local nationalities in regard tomarriage and family. This will accommodate National Law and Uyghur MarriageCustomary Law and provide legal basis for the judicial application of the UyghurCustomary Law of Marriage. Given the circumstance of building a harmonious society,through diversified dispute settlement mechanism, improve the legal benefit and attachgreat importance to the social benefits of the new requirements as well. AccommodateMarriage Law and Uyghur Marriage Customary Law and provides practical value andspace for the judicial application of Uyghur Marriage Customary Law.In Uyghur regional area, on one hand, we have to develop local supplementaryprovisions in accordance with the Constitution and Marriage Law, on the other handwe need to systemize and announce《Uyghur Marriage Customary Law Compilation》,and introduce it to the judicial field to the great extend. In this way, guide UyghurMarriage Customary Law, seek and agreement between Marriage Law and UyghurMarriage Customary Law, Realize the adjustment of the two kinds of norms. Thiswork not is only beneficial for the legal construction of Xinjiang Uyghur AutonomousRegion, can also get the purpose of legal effect and social effect at the same time interms of the referee of marriage disputes.