The Study In Chinese Muslim Customary Lav

Chinese society is a multicultural society including the the social regulations and order.How to deal with the relationship between the state law and the customary law is a problem we have to face in the process of building the rule of law.As to how to deal with the relationship between them,the state law should face its limitations,and spare enough space for natural law like customary law.The state should formulate less mandatory rules and more spontaneous self-discipine regulations.In the premise of not violating the social public interests,the members of all social groups should first abide by its self-discipline regulations.And the law working togather with the spontaneous social regulations should open to the persuit of diversity of value,make social regulations diversified,to avoid the state values and life culture too simple and uniform.Muslim marrige and customary law as one of the elements of social structure,norms and constrains in the princiles of national law under the presence of other social stucture elements of the same nesessity and effectiveness,therefore,it is also functional social control.However,the function of the customary law of the Muslim marriage according to the form of expression and specific functions and the state law is different.Compared with the national law,it is mainly the content and form of the normative function is complete,weaker than the overall function of state law,and deformation characteristics.Also,focus on its normative functions and public functions with the national law is fundamentally different.This paper is divided into four chapters.the first chapter is the customary law and Chinese Muslim customary law of marriage was overview. First of all the customary law and muslim customary law is discussed,and based on depth exounds customary law and Muslim customary law of marriage concept;secondly,lists the Chinese muslim customary law of marriage of the carrier,and they briefly introduced;finally,through to the Chinese Muslim customary law of marriage carrier narrative analysis between the difference.The second chapter is about the Chinese Muslim customary law of marriage of the main origins of the exposition.From "the Qur’an,hadith,"in Arabia,the original habit of Chinese traditional legal culture to introduce the Chinese Muslim customary law of marriage of the major sources.The third chapter summarized the basic content of the system of Chinese Muslim marriages.First,introduced the Chinese Muslim marriage rules,and joint introduces the Chinese Muslim marriage procedure;secondly,introduces the Islamic divorce system,analysis of China’s Muslims in the divorce system on some propositions.The fourth chapter discusses the Chinese Muslim customary law of marriage and the state law and the relationship between them.First of all,from the historical and contemporary perspective describes the state law and the customary perspective describes the state law and the customary law of the relationship between the Muslim;secondly,between the two is the consistency and conflict;again,put forward to handle the relationship between general rules.Finally,in the proposed state law and the customary law to better intergration,so that the common for the nation’s civilization of rule of law construction sercices"conclusion"in the end.