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Conflict And Solution Between Hui Marriage Customs And Marriage Law

Posted on:2020-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:T TianFull Text:PDF
GTID:2416330596981152Subject:Law
Abstract/Summary:PDF Full Text Request
Haiyuan county,which locates in the south central part of Ningxia Hui Autonomous region,is surrounded by mountains.With poor transportation and low culture and economical development level,Haiyuan county was identified as key counties for national poverty alleviation and development work in 2014.As one of the region of Hui minorities in Ningxia,Haiyuan county has more than 70% Hui Nationality.The special geographical position,the special source of ethnic group and the common Islamic belief make the unique characteristics of customs and habits of Haiyuan Hui Nationality.The marital customs is an important part of the customs and habits of Hui Nationality,including how to get married,how to make a valid marriage,how to get divorced and so on.The marital custom of Hui Nationality is influenced by both the traditional marital rules and the Islamic culture.Although the Marriage law of China has been put into effect for many years and recognized by most Chinese,the Hui Nationality think it is less important than the marital custom of Hui Nationality and are inclined to turn to the marital customs for help when it involves in the marital and family disputes.In view of the different rules of the marital custom and the Marriage Law of China,the conflicts are inevitable when either of them is apply to the life of the Hui Nationality.So this article aims at analysis the conflict between the marital customs and the Marriage Law and the solution to the conflict.The first part of this article is about the introduction of the Hui marriage customs.The Hui marriage custom is collected and analyzed with the establishment of the Marriage Law from two aspects: procedure and entity.Then this article talks about the characterizes of the Hui marriage customs,which is the combination of the traditional marital rules,the Islamic culture and the unwritten features.At last,the article describe the function of the Hui marriage customs,which has plays an important role of norm in Haiyuan county and supplement to the Marriage Law.The second part of this article is about the three conflicts between the Hui marriage customs and The Marriage Law,which are the conflict of the marriage freedom and the limited Hui marriage freedom,the different marriageable age,the different marriage procedure.The third part of this article is about the solution of the conflict of the Hui marriage customs and the Marriage Law,which is also the most important part of this article.In this part,each conflict will be given different solutions according to its character.
Keywords/Search Tags:Hui nationality, marital customs, Marriage Law
PDF Full Text Request
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