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The Study Of Muslim Customs In Terms Of Marriage Family And Inheritance Law In The Period Of Qing Dynasty

Posted on:2017-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:C L ZhangFull Text:PDF
GTID:2346330488972716Subject:Legal history
Abstract/Summary:PDF Full Text Request
If compared the whole society to a big pool, marriage and family are the center of each pool water waves, in Islam, the Muslim marriage and family life are guided by the Islam, not beyond the rules of the teachings. The status of marriage and family law is slightly inferior to the strict religious obligation, can say the whole islamic civil law is the core part of the marriage and family law. Qianlong period of qing dynasty to han Chinese rule has been steady, the pattern of the flag of the people contacts have been formed, the empire has basic fixed, many ethnic minorities have incorporated under the rule of the qing dynasty, back to the xinjiang region under the influence of Islam, the entire social, economic, political, and cultural infiltration by the teachings, and marriage and family system has become the epitome of Islam, formed a set of special rules used system. This paper tries to use some scattered literature material, first of all, the first part of the article through the discussion of the definition of back to the xinjiang region and the localization process back to xinjiang customary law and coexistence situation of the early common law and national law, and back to the origin and development of xinjiang common law in China. Article second part through the generalized analysis customary law should be legal norms and the features of it as facultative and mastering Outlines back the spontaneity of customary law, internal control, persistence, stability, regional five characteristics, combined with the description of the qing dynasty to xinjiang regional ethnic characteristics, and expounds the background of marriage and family law at the beginning of the qingdynasty, which lead to the qianlong period of the national legislation, thus both in the field of marriage and family. Article third part specific to the back of the content and characteristics of xinjiang common law marriage and family, from back to xinjiang region Muslim marriage concluding the main body, procedures, forms, the introduction of national law regulations, and reveal the rule of law, deeply understand the national law in the qing dynasty. Article third fourth quarter, the third part system comprehensive explanation to xinjiang in the common law "to be the wedding divorce law, such as" comparative national law abuses, the merits of minority nationalities' customary laws. The article third part(bottom) in the fusion of the succession law level analysis of national customary law and national law and conflict, echo and support even from the third part(on) argument.From particularity to general, from the abstract to the concrete to the abstract. The article fourth part make the finishing point of the question to the legal culture level, to analyze the legal culture behind the cause, and then discusses the cultural background that the thesis, from the characteristics of legal explanation minority customary law and national law conflicts and fusion rule.From the perspective of overall to islamic sharia law, this article make a research on back to xinjiang in qing dynasty society, in order to analysis from the perspective of marriage in the qing dynasty back to the xinjiang region of civil law; Secondly, from the Angle of legal culture controversial concept definition, the conflict of legal culture differences and conflicts between the analysis and comparison, this paper discusses the two kinds of culture integration and docking, which reveals the different legal culture of inclusiveness and complementary.
Keywords/Search Tags:XinJiang common law localization, Customs with marriage and family, Common law and national law, Legal culture conflict and integration
PDF Full Text Request
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