The Property Rights Of Xinjiang Muslim Customary Law

Xinjiang is a province of China inhabited by minorities. There are as many asthirteen native minorities and most families are Muslim. Between the Muslims inXinjiang and the people in east and central part of China, who are under the influenceof Han culture, there are obvious differences in laws and regulations due to thedifferences in natural environment, economy, customs and religion. When these twodifferent cultures and customs are embodied by both customary laws and state laws,several problem swill be arose, such as overlapping, conflicts and inadequatelegislation. In particular ethnic minority areas, this type of customary laws play animportant role in maintaining local order and settling disputes over to some extent,especially in property rights.Citizens’ right to life is fundamental of all rights; any other rights are relied on theright to life. Life depends on the survival, if survival can’t be achieved, life is end;survival is relied on the property, and if property can’t be fulfilled, there is no way tosurvive. Property rights are important to the fundamental rights. In the concept ofproperty rights and institutional property rights, there will be different due to thedifference of geographical environment, habits, and religious beliefs. Hence, theMuslim customary law is different from the other regions and ethnic groups.Discussed in detail in the Xinjiang region, Muslim customary law within thescope of issues related to property rights, the first use of semantic analysis, carefulanalysis of the meaning and scope of the concept of "customary law","Muslimcustomary law," property rights "investigated the etymology and context of theseconcepts to determine the exact definition of these concepts. Then the characteristicsof the Muslim customary law on the concept of property rights, sui generic systemsfor specific content by Historical Survey of empirical analysis were sorted out, thenthe use of value analysis, comparative analysis, from the point of view of the rightsand obligations starting to resolve their customary laws on property rights related tothe special provisions of the performance and causes, through the interpretation of thespecific types of system analysis, summarized the shortcomings of its traditional protection, trying to improvements by national law and national customary lawselectively apply two ways to solve the problem of insufficient protection mode.In this paper, customary law, Muslim customary law, the concept of propertyrights is over viewed and defined the scopes. As we know, the content of propertyrights is rich and research field is very broad, hence, it is important to make it clear.This paper is focused on the content of property rights and research field, not only theconcept. The property rights of the Muslim customary law are studied here bydefining the concept and scope. And property rights in the Muslim customary lawwere fully described, and further analyze ditz advantages and disadvantages withexamples. We found the customary law of property rights are lack of protection, andtry to find a solution to protection challenges of the Muslim customary law onproperty rights.