Family Law in Asia and Africa

Family Law in Asia and Africa PDF

Author: J. N. D. Anderson

Publisher: Routledge

Published: 2021-12-19

Total Pages: 422

ISBN-13: 1000510921

DOWNLOAD EBOOK →

Originally published in 1968, we were witnessing a new – and welcome – emphasis on Comparative Law, both in the Universities and even the practising profession, together with a quickened interest in the law of family relations. This volume provided a wealth of information for anyone wishing to study these relations in a widely comparative context. The chapters cover not only the basic law of marriage and divorce in a number of developing countries both in Asia and Africa, but also discuss in considerable detail the ways in which matrimonial property is regulated under different systems. This was a highly topical subject at the time, when our own law of matrimonial property was under criticism and active reconsideration. The book also treats such subjects as the eclipse of the patriarchal family in contemporary Islamic law, religious law and the modern family in Israel, the juristic basis and context of Parsi family law, and contemporary family law in Southern Africa.

The Status of Women in Law

The Status of Women in Law PDF

Author: Ng Shui Meng

Publisher: Institute of Southeast Asian

Published: 1977

Total Pages: 80

ISBN-13:

DOWNLOAD EBOOK →

In this paper, an attempt is made to examine and compare the legal status of women in the Republic of China, Malaysia, the Philippines and Thailand, with special focus on laws which discriminate against women. In view of differences in the cultural background of these four countries - Confucianism in China, Islam in Malaysia, Catholicism and the Spanish influence in the in the Philippines and Buddhism in Thailand - it is likely that laws in these countries also differ. This paper also tries to relate the legal status of women in these countries to other apsect of their status, in particular, the social, economic and political aspects.

Choice of Law and Recognition in Asian Family Law

Choice of Law and Recognition in Asian Family Law PDF

Author: Anselmo Reyes

Publisher: Bloomsbury Publishing

Published: 2023-10-05

Total Pages: 479

ISBN-13: 1509956360

DOWNLOAD EBOOK →

This thematic volume in the series Studies in Private International Law – Asia outlines the general choice of law and recognition rules relating to family matters of 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka and India. The book examines pressing questions and proposes ways in which their systems may be reformed. A concluding chapter considers the extent to which Asian cross-border family law systems can and should be harmonised. The book provides a comprehensive analysis of cross-border family law challenges, including child surrogacy, child abduction, the recognition of same-sex unions, the recovery of maintenance, and the regulation of intercountry adoption. These are among the matters now testing Asian institutions of private international law and acting as forces for their modernisation. With contributions by leading Asian private international law experts, the book proposes necessary reforms for each of the jurisdictions analysed as well as for Asia as a whole.

Family, Gender, and Law in a Globalizing Middle East and South Asia

Family, Gender, and Law in a Globalizing Middle East and South Asia PDF

Author: Kenneth M. Cuno

Publisher: Syracuse University Press

Published: 2009-12-28

Total Pages: 329

ISBN-13: 0815651481

DOWNLOAD EBOOK →

The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia. In particular, the authors address the impact of colonialism on law, family, and gender relations; the role of religious politics in writing family law and the implications for gender relations; and the tension between international standards emerging from UN conferences and conventions and various nationalist projects. Employing the frame of globalization, the authors highlight how local and global forces interact and influence the experience and actions of people who engage with the law. By virtue of a "south-south" comparison of two quite similar and culturally linked regions, contributors avoid positing "the West" as a modern telos. Drawing upon the fields of anthropology, history, sociology, and law, this volume offers a wide-ranging exploration of the complicated history of jurisprudence with regard to family and gender.

Legal Traditions in Asia

Legal Traditions in Asia PDF

Author: Janos Jany

Publisher: Springer Nature

Published: 2020-04-08

Total Pages: 492

ISBN-13: 3030437280

DOWNLOAD EBOOK →

This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.

Islamic Family Law in a Changing World

Islamic Family Law in a Changing World PDF

Author: Abdullahi An-Na'im

Publisher: Zed Books

Published: 2002-08-01

Total Pages: 344

ISBN-13:

DOWNLOAD EBOOK →

This is a uniquely comprehensive and up-to-date volume spanning nine regions and 38 Islamic countries around the world. More than a billion Muslims have their lives in such matters as marriage, divorce, maintenance, paternity and the custody of children governed by certain aspects of the Shari'a, commonly known as Islamic Family Law. But as the team who have put together this resource book point out, this does not mean that identical principles apply everywhere. In fact, as the socio-cultural and historical contextualisations which precede each country's legal profile make clear, the practical application of Shari'a principles is often modified by theological differences of interpretation, particular customary practices in the country concerned, and state policy and law. This volume documents the scope and actual manner of application of Islamic Family Law worldwide. Part of its purpose is the assumption that while changing social conditions - including a commitment to certain universal human rights -- make legal reform necessary, any strategy must be based first of all on the best possible factual foundations. And secondly, since Islamic Family Law has become contested ground between conservative and fundamentalist forces on the one hand and modernist and liberal trends on the other in most Islamic countries, reform must be conceived only in realistic terms and advocated in ways that motivate and empower potential supporters working in their own communities. This work is a uniquely valuable resource for lawyers, social policymakers and scholars. It is also a contribution to the historical challenge which Islamic societies confront in reforming personal and family law.

Lanterna Rally - Theme by Grace Themes