Results 11 to 20 of about 4,937 (154)
Potchefstroom Electronic Law Journal, 2022 After 15 November 2000, a customary marriage must satisfy the provisions of section 3(1) of the Recognition of Customary Marriages Act 120 of 1998. Section 3(1)(b) incorporates the living customary law requirements into the Act. The publication explores
Pieter Bakker
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Case Law as an Authoritative Source of Customary Law: Piecemeal Recording of (Living) Customary Law?
Potchefstroom Electronic Law Journal, 2019 This contribution deals with the question of whether a judgment from a mainstream court dealing with customary law can be regarded as authority and thus as a recording of a customary rule or rules.
Christa Rautenbach
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De Jure, 2023 Much scrutiny has recently been directed towards African customary law mostly because of its traditionally patriarchal nature, which conflicts with the inalienable constitutional principle of equality. The landmark decision of Mabena v Letsoalo 1998 2 SA
Shammah Boterere, Charles Maimela
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Adultery Redefined: Changing Decisions of Equity in Customary Law as “Living Law” in Botswana [PDF]
PoLAR: Political and Legal Anthropology Review, 2020 AbstractAdultery judgments in customary courts in Botswana reflect changing everyday practices and normative understandings both with regard to marriage and broader ideas of gender equality. These changed perceptions parallel a worldwide shift in the legal understanding of adultery from being a crime to a civil offense and then, more recently, a non ...
Pnina Werbner, Richard Werbner
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A living customary law of commercial contracting in South Africa: some law-related hypotheses [PDF]
South African Journal on Human Rights, 2017 Inspired by calls to ‘decolonise’ South African law and legal education, this paper will posit some hypotheses as to the nature of a living customary law of commercial contracting from the perspect...
Andrew Hutchison
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The Limitations of Living Law in Indonesian Criminal Law Reform: An Effort to Realize Justice
Jurnal IUS, 2023 One of the important points of criminal law reform in the Criminal Code is the regulatory provision regarding living law. The Criminal Code authentically determines that living law is customary criminal law, which is declared valid and further regulated ...
Yenny Febrianty +3 more
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Ulayat Land of Customary Law Communities Post Efforts to Administer Ulayat Land in Indonesia
Jurnal Cakrawala Hukum, 2023 Failure to achieve the objectives of the law results in legal conflicts, in this case if there is a difference in treatment of customary law communities, it has the potential to result in the loss of customary law community customary rights over their ...
Retno Sariwati +2 more
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Rechtsidee: Law Journal, 2022 Legal provisions that live in society are one of the controversial provisions in the ratification of the Draft Criminal Code (RKUHP). That is because the law in the community is related to legal values written and unwritten in society. This study aims to
Musmuliady, Jubair, Aminuddin Kasim
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LEGISLATION AS A CRITICAL TOOL IN ADDRESSING SOCIAL CHANGE IN SOUTH AFRICA: LESSONS FROM MAYELANE V NGWENYAMA [PDF]
Potchefstroom Electronic Law Journal, 2015 Several changes have occurred in South Africa within the customary law system to ensure gender justice, including the enactment of the Recognition of Customary Marriages Act 120 of 1998.
Rita N Ozoemena
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Environmental Management Based on Islamic Sharia and Customary Law in Aceh
Fiat Justisia, 2022 This paper examines how Islamic and customary laws govern environmental management in Aceh using a qualitative normative juridical approach.
zahratul idami +3 more
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