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Tag: What is sex discrimination in personal status laws

what is personal status law

what is personal status law插图

WhatisPersonalStatusLaw? “Personal status is defined as characteristics and descriptions which determine an individual’s personal and legal status and identity as well as the assignments of the person in society.”

What is the difference between general and Personal Status Law?

Thus, the Personal Status Law is the general law in its principles and provisions, while the other personal status laws are special laws. C – The Committee found that the general rules in the Civil Code on conflicts of laws, in terms of spatial jurisprudence, (Articles 19 to 24) are rules that do not contradict with the Sharia-based principles.

What are the personal status laws in Sudan?

Personal status laws in Sudan govern legal procedures that pertain to familial relations, including marriage, divorce, child custody and inheritance. These laws are based on the Shari’a, the divine law of Islam, and unlike other aspects of Sudanese law, the realm of personal status was influenced only marginally by European legal…

When does a lawsuit concern a matter of personal status?

5) Should the lawsuit concern a matter of Personal Status and the plaintiff is a citizen, or an alien having in the State a domicile, residence or place of business, in case the defendant has no known domicile or residence in a foreign country or if the national law is, in the State, the governing law.

What is sex discrimination in personal status laws?

Sex discrimination in personal status laws negatively impacts women’s ability to conduct various aspects of their daily lives. The discrimination goes beyond family law and marital relations to prohibit rights to confer citizenship, travel, participation in public life, etc. What is discrimination in personal status? Why is this an issue?

What branch of Islam is Sudan’s family law based on?

Sudanese family law is based on the Sunni branch of Islam, particularly the teachings of the medieval Muslim scholar Abu Hanifa. The Hanifi School predominated in Sudan until the twentieth century, when legal reformers incorporated the ideas of the other major Sunni schools in order to modernize and codify Sudanese family law.

What is family law in Sudan?

Family law in Sudan is under the jurisdiction of religious judges or qadis. The qadis issued judgements on a case-by-case basis according to the principles of the Qur’an, the holy book of Islam. The following are the five main subjects of contemporary Sudanese family law: marriage, divorce, maintenance, custody and inheritance.

What are the legal procedures in Sudan?

Personal status laws in Sudan govern legal procedures that pertain to familial relations, including marriage, divorce, child custody and inheritance.

Why is this an issue?

Sex discrimination in personal status laws negatively impacts the ability of women to conduct various aspects of their daily lives.

What is the impact on women and girls?

Sex discriminatory personal status laws violate women’s civil and political rights.

What needs to change?

Equality Now continues to call for full equality in nationality rights globally building on progress since our advocacy reports, including The State We’re In – Ending Sexism in Nationality Laws.

Beijing Platform for Action recommendations

Strategic Objective 1.2.: Ensure equality and non-discrimination under the law and in practice Actions to be taken by Governments:

How long can you file an alimony claim?

A claim for alimony, for a past period exceeding three years from the date of introducing action in court, shall not be heard unless it is imposed by agreement.

What is the law on civil procedure?

The Law on Civil Procedures, issued by Federal Law No. (11) of 1992; Federal Law No. (21) of 1997 on Fixing the Dowry in the Contract of Marriage and its Expenses; and. Acting upon the proposal of the Minister of Justice and Islamic Affairs and Wakfs, the approval of the Council of Ministers and ratification of the Federal Supreme Council;

What is the meaning of the Muslim law?

1. In understanding, interpreting or construing the legislative provisions of this Law, the principles and rules of the Muslim doctrine shall be consulted. 2. The provisions of this Law shall apply to all matters dealt with herein, in words and context.

What does "the present law" mean?

1. The present Law shall apply to all facts occurring subsequent to the coming into force of its provisions.

What does the court of cassation have to decide on?

The court to which the case is transmitted has to abide by the decision of the Court of Cassation in the matter settled by it, unless it is the second appeal, then, should the Court of Cassation quash the appealed judgment, it has to decide on the merits of the case. Article (14) 1.

When is alimony due?

Alimony to the wife is due as of the date of refrainment from payment when due as a debt on the husband, independently of a court judgment or agreement. It is not forfeited except by payment or discharge.

Where is a judgment notified?

A judgment shall be notified to the condemned person either at his domicile, place of business or residence, otherwise through the means specified in Article (14) of this Law, upon order of the Court that has rendered the judgment or upon request from the party in whose favour the judgment was rendered. 2.

What happens if a wife borrows money from a stranger?

He may only claim repayment from the husband. If she borrows from a stranger, the debtor may choose to claim payment from the husband or wife. If there is no one she can borrow from, and she is unable to work, the State shall be obligated to support/provide for her.

What happens if a husband leaves his wife without alimony?

If a husband leaves his wife without alimony and disappears, is absent, or is missing, the judge shall order her alimony from the date the suite is filed after proving the marriage. The wife shall swear that the husband has not left her alimony and that she is not disobedient or divorced with a concluded prescribed waiting period (Iddat ???). The judge shall allow her to borrow in her husband’s name when necessary.

What happens if a dowry is designated?

If no dowry is designated, then the dowry of the like shall be due to her.

What is the wife entitled to in a contract?

The wife shall be entitled to the dowry designated in the contract. If it is not designated or negated, she shall be entitled to the dower or the dower of the like.

What are the causes of Shari’a?

The causes of Shari‘a-founded un-or non-marriageability (un- or non-marriageableness) are twofold: permanent and temporary. Permanent prohibitions are blood and marriage relations and nursing/breastfeeding. Temporary prohibitions are polygamy in excess of four wives, followers of religions other than those divinely revealed, three incidents of divorce, the right of others to marriage or prescribed waiting period, and the marriage of a non-marriageable wife who is taking care of the other. ??????? ?????? ?????????????? ???? ????. (8)

How long does alimony last?

The alimony due to the obedient wife shall be considered a debt incurred by the husband, for a maximum period of one year from the time he refrained from supporting her. (10)

What is the purpose of marriage?

Marriage is a contract between a man and a woman who is lawfully permissible to him, the purpose of which is to found a bond to procreate and live together.

How long does it take for a child to be born after marriage?

The child must be born at least 6 months after the marriage began and not more than nine months from the beginning of the pregnancy.

What is a supervisor in a court?

. Based on the provisions of this chapter the Supervisor is a person appointed by a court to supervise the performance of a trustee. There are two types of Supervisors:

How long is an EDAT period?

. The edat period of a woman who is not pregnant is four months and 10 days from the time of her husband’s death and the edat period of a pregnant woman whose husband has died shall be the longer of either four months and ten days or the end of pregnancy.

What is the mental ability of a person to deal with financial transactions in a way that avoids unfairness or?

. Maturity is the mental ability of a person to deal with financial transactions in a way that avoids unfairness or injustice to him/herself; those persons lacking this ability cannot possess Utilization Competency in dealing with assets.

How long does a wife have to have an EDAT?

However, after sexual penetration, if the wife menstruates [after sexual penetration], her edat is equal to two times menstruation [two months], but if she has not menstruated [after sexual penetration] and she in not menopausal, her edat will be 45 days. Edat of a pregnant woman shall be until she gives birth to the child; edat of a wife, whose husband dies, shall be four months and ten days.

What is the authority through which a human obtains his/her rights and obligations, starting from birth and ending with?

. Competency is the inherent authority through which a human obtains his/her rights and obligations, starting from birth and ending with actual or legal death. There are two types of competency :

When a person claims to be representing a man, and facilitates his marriage, but the man dies after?

When a person claims to be representing a man, and facilitates his marriage, but the man dies after the marriage contract takes place, in the case the heir [of the deceased man] denies that person’s claim [being the deceased man’s representative] , and there is no evidence, the representative is obligated to pay the wife’s [widow] Mahr according to the provisions of this law.