我国少数民族婚姻习俗与现代法的冲突与调适
发布时间：2018-07-21 21:18
【摘要】：回族婚姻习惯法是穆斯林教义与中国传统婚姻习俗在长期相互影响,相互吸收、相互融合的过程中形成的。它包含了宗教、道德、政治、经济,文化各个方面,它长期的存在于回族社会中,具有较强的生命力与活力,是回族民众长期奉行的行为准则。在少数民族地区,对于少数民族群众而言,习惯法的说服力往往高于国家制定法,如何维护国家法的权威,同时也能兼顾习惯法的尊严,使得两者相融合是非常重要的问题。国家制定法是出于社会问题的角度由统治阶级制定的维护自身权益的法律,具有权威性与强制性的效力,它更多的是注重对社会问题的整体影响。在少数民族地区,习惯法与国家制定法如何形成良好的互动,是需要我们研究的。随着人类社会历史的不断演变,回族婚姻习惯法在保持本身自有特点的同时,也随着社会的不断进步,时代的前进发展而发生变化,它与国家制定的《婚姻法》存在共性,但也有冲突。处理好习惯法与制定法之间的关系,充分利用少数民族习惯法的价值,并注重对少数民族习惯法的改造,协调解决所存在的冲突,有利于家庭的稳定幸福,有利于《婚姻法》在我国少数民族地区的实施,促进民族团结,民族繁荣,民族发展及全社会稳定。
[Abstract]:The customary law of Muslim marriage is formed in the process of long-term mutual influence, mutual absorption and mutual integration between Muslim doctrine and Chinese traditional marriage customs. It contains religious, moral, political, economic and cultural aspects. It has a strong vitality and vitality in the Hui society for a long time, and is the code of conduct of the Hui people for a long time. In minority areas, the persuasive power of customary law is always higher than that of national law. How to maintain the authority of national law and the dignity of customary law is a very important issue. From the angle of social problems, the state law is the law which is made by the ruling class to safeguard its own rights and interests. It has authoritative and compulsory effect, and it pays more attention to the overall influence on the social problems. In minority areas, how to form a good interaction between customary law and state law needs us to study. With the continuous evolution of the history of human society, the customary law of marriage of Hui nationality not only maintains its own characteristics, but also changes with the progress of society and the development of the times. It has a common character with the Marriage Law formulated by the state. But there are also conflicts. To properly handle the relationship between customary law and statutory law, to make full use of the value of the customary law of ethnic minorities, and to pay attention to the reform of customary law of ethnic minorities, and to coordinate the settlement of existing conflicts, is conducive to the stability and happiness of the family. It is beneficial to the implementation of the Marriage Law in minority areas of China, and to the promotion of national unity, national prosperity, national development and social stability.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.9
本文编号：2136888
[Abstract]:The customary law of Muslim marriage is formed in the process of long-term mutual influence, mutual absorption and mutual integration between Muslim doctrine and Chinese traditional marriage customs. It contains religious, moral, political, economic and cultural aspects. It has a strong vitality and vitality in the Hui society for a long time, and is the code of conduct of the Hui people for a long time. In minority areas, the persuasive power of customary law is always higher than that of national law. How to maintain the authority of national law and the dignity of customary law is a very important issue. From the angle of social problems, the state law is the law which is made by the ruling class to safeguard its own rights and interests. It has authoritative and compulsory effect, and it pays more attention to the overall influence on the social problems. In minority areas, how to form a good interaction between customary law and state law needs us to study. With the continuous evolution of the history of human society, the customary law of marriage of Hui nationality not only maintains its own characteristics, but also changes with the progress of society and the development of the times. It has a common character with the Marriage Law formulated by the state. But there are also conflicts. To properly handle the relationship between customary law and statutory law, to make full use of the value of the customary law of ethnic minorities, and to pay attention to the reform of customary law of ethnic minorities, and to coordinate the settlement of existing conflicts, is conducive to the stability and happiness of the family. It is beneficial to the implementation of the Marriage Law in minority areas of China, and to the promotion of national unity, national prosperity, national development and social stability.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.9
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