Research On Islamic Civil Customary Law Of Dongxiang Nationality

In the vast rural areas of our country,there are many rural rules and regulations,such as marriage and funeral,inheritance of inheritance,interpersonal communication,cultural festivals,family dispute mediation and so on.Rural rules and regulations are different from the law.They do not have the guarantee of national compulsory force,but rely on people's spontaneous respect to pass on from generation to generation and radiate infinite vitality.The reason why the rural regulations and conventions can take root in the lives of local people is that they adapt to local conditions and make up for the shortcomings of the law.They have positive applicability in real life and can solve the practical problems of local people very well.This practical effect constitutes the long-standing rationality of the rural regulations and conventions.Dongxiang ethnic group is a minority living in Lanzhou,Gansu Province.In the social relations of Dongxiang ethnic group,there are a large number of normative orders with ethnic characteristics,which are simple,effective and unique,and can be called the customary law of Dongxiang ethnic group.However,there is some tension and adaptability between the national customary law and the national laws and regulations,which are not completely consistent.As a member of Dongxiang Nationality,the author made an investigation on this issue in Dongxiang Nationality Autonomous County,Linxia Hui Autonomous Prefecture,Gansu Province.In the course of the investigation,the author found that customary law plays an important role in the social governance of Dongxiang Nationality,which is difficult to achieve by state-enacted law.Customary law is an important means to maintain rural social order.Customary law needs national law as the backing to show the authority of customary law,while national law needs the supplement and adjustment of customary law to better regulate social order.In the judicial practice of ethnic minority areas,if we overemphasize the compulsory means of national law and neglect the social role of customary law,the social control mechanism may completely lose balance,and even it is difficult to successfully solve various family conflicts and social disputes in real life.In addition to the introduction,the rest of the article is divided into four chapters.The first chapter mainly discusses the concepts and characteristics of customary law and Islamic customary law as well as the customary law of Dongxiang people.The second chapter mainly discusses the historical evolution of the Dongxiang people and their customary laws,focusing on the development process of the Dongxiang people's civil customary law and the relationship between the Dongxiang civil customary law and Islam,as well as Islam's civil customary law of the Dongxiang nationality today.influences.The third chapter classifies and classifies and summarizes the contents of the Dongxiang civil customary law according to the classification criteria of the general departmental law and the objects of social relations adjusted by law.The fourth chapter discusses the tension and adjustment relationship between the Dongxiang national civil customary law and the national law.It mainly expounds the conflict between the Dongxiang nationality marriage custom law and the national law,and proposes the Dongxiang civil customary law and the national law.Conflict resolution mechanism.At present,the academia some proposals for the islamic civil and commercial common law in this area is the lack of a systematic study,this article through to linxia hui autonomous prefecture,gansu province of dongxiang dongxiang autonomous county field survey and research,common law applies to this group of habits and customs as a comb,explain and summarize,thus in linxia hui autonomous prefecture,gansu province of dongxiang dongxiang autonomous county of customary law have a holistic grasp and cognition,and some proposals to the national customary law as the breakthrough point,to the dialectical relationship between national law and national law.