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Marriage In The Palestinian Territories
People of the Palestinian territories—the West Bank (including East Jerusalem) and the Gaza Strip—are bound by differing laws that handle marital unions on the basis of the couple's national status and religious affiliation. After the 1948 Arab–Israeli War, the Palestinian residents of the Jordanian-annexed West Bank and the Egyptian-occupied Gaza Strip became subject to Jordanian marriage law and Egyptian marriage law, respectively. After the 1967 Arab–Israeli War, which saw Israel capture the Palestinian territories from Jordan and Egypt, those original laws largely remained in place. Since the beginning of Israel's occupation of the West Bank in 1967, all of the territory's Jewish settlements have been subject to Israeli marriage law. Additionally, all residents of Israeli-annexed East Jerusalem (including Arabs) are also subject to Israeli marriage law.
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Palestinian Territories
The Palestinian territories are the two regions of the former British Mandate for Palestine that have been militarily occupied by Israel since the Six-Day War of 1967, namely: the West Bank (including East Jerusalem) and the Gaza Strip. The International Court of Justice (ICJ) has referred to the West Bank, including East Jerusalem, as "the Occupied Palestinian Territory", and this term was used as the legal definition by the ICJ in its advisory opinion of July 2004. The term occupied Palestinian territory was used by the United Nations and other international organizations between October 1999 and December 2012 to refer to areas controlled by the Palestinian National Authority, but from 2012, when Palestine was admitted as one of its non-member observer states, the United Nations started using exclusively the name State of Palestine. The European Union (EU) also adopts the term occupied Palestinian territory, with a parallel term Palestinian Authority territories also occasion ...
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Arabs
The Arabs (singular: Arab; singular ar, عَرَبِيٌّ, DIN 31635: , , plural ar, عَرَب, DIN 31635, DIN 31635: , Arabic pronunciation: ), also known as the Arab people, are an ethnic group mainly inhabiting the Arab world in Western Asia, North Africa, the Horn of Africa, and the western List of islands in the Indian Ocean, Indian Ocean islands (including the Comoros). An Arab diaspora is also present around the world in significant numbers, most notably in the Americas, Western Europe, Arabs in Turkey, Turkey, Arab Indonesians, Indonesia, and Iranian Arabs, Iran. In modern usage, the term "Arab" tends to refer to those who both Arab identity, carry that ethnic identity and speak Arabic as their native language. This contrasts with the narrower traditional definition, which refers to the descendants of the tribes of Arabia. The religion of Islam was developed in Arabia, and Classical Arabic serves as the language of Islamic literature. 93 percent of Arabs are Muslims ...
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Polygyny
Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women. Incidence Polygyny is more widespread in Africa than in any other continent. Some scholars see the slave trade's impact on the male-to-female sex ratio as a key factor in the emergence and fortification of polygynous practices in regions of Africa. Polygyny is most common in a region known as the "polygamy belt" in West Africa and Central Africa, with the countries estimated to have the highest polygamy prevalence in the world being Burkina Faso, Mali, Gambia, Niger and Nigeria. In the region of sub-Saharan Africa, polygyny is common and deeply rooted in the culture, with 11% of the population of sub-Saharan Africa living in such marriages (25% of the Muslim population and 3% of the Christian population, as of 2019). Polygyny is especially widespread in West Africa, with the countries estimated to h ...
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Child Marriage
Child marriage is a marriage or similar union, formal or informal, between a child under a certain age – typically 18 years – and an adult or another child. * * * * The vast majority of child marriages are between a female child and a male adult, and are rooted in gender inequality. Although the age of majority (legal adulthood) and marriageable age are usually designated at age 18, both vary across countries, and therefore the marriageable age may be older or younger in a given country. Even where the age is set at 18 years, cultural traditions may override legislation and many jurisdictions permit earlier marriage with parental consent or in special circumstances, such as teenage pregnancy. Child marriage violates the rights of children and has long-term consequences for both child brides and child grooms. For child brides, in addition to mental health issues and lack of access to education and career opportunities, these include adverse health effects as a result of ...
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Marriageable Age
Marriageable age (or marriage age) is the general age, as a legal age or as the minimum age subject to parental, religious or other forms of social approval, at which a person is legitimately allowed for marriage. Age and other prerequisites to marriage vary between jurisdictions, but in the vast majority of jurisdictions, the marriage age as a right is set at the age of majority. Nevertheless, most jurisdictions allow marriage at a younger age with parental or judicial approval, and some also allow adolescents to marry if the female is pregnant. The age of marriage is most commonly 18 years old, but there are variations, some higher and some lower. The marriageable age should not be confused with the age of majority or the age of consent, though they may be the same in many places. The 55 parties to the 1962 Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages have agreed to specify a minimum marriage age by statute law‚ to override cus ...
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Qadi
A qāḍī ( ar, قاضي, Qāḍī; otherwise transliterated as qazi, cadi, kadi, or kazi) is the magistrate or judge of a '' sharīʿa'' court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and minors, and supervision and auditing of public works. History The term ''qāḍī'' was in use from the time of Muhammad during the early history of Islam, and remained the term used for judges throughout Islamic history and the period of the caliphates. While the '' muftī'' and '' fuqaha'' played the role in elucidation of the principles of Islamic jurisprudence (''Uṣūl al-Fiqh'') and the Islamic law (''sharīʿa''), the ''qāḍī'' remained the key person ensuring the establishment of justice on the basis of these very laws and rules. Thus, the ''qāḍī'' was chosen from amongst those who had mastered the sciences of jurisprudence and law. The Abbasid caliphs created the office of "chief ''qāḍī''" (''qāḍī al-quḍāh''), who ...
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Registration Of Marriage
Civil registration is the system by which a government records the vital events ( births, marriages, and deaths) of its citizens and residents. The resulting repository or database has different names in different countries and even in different US states. It can be called a civil registry, civil register (but this is also an official term for an individual file of a vital event), vital records, and other terms, and the office responsible for receiving the registrations can be called a bureau of vital statistics, registry of vital records and statistics, registrar, registry, register, registry office (officially register office), or population registry. The primary purpose of civil registration is to create a legal document (usually called a ''certificate'') that can be used to establish and protect the rights of individuals. A secondary purpose is to create a data source for the compilation of vital statistics. The United Nations General Assembly in 1979 adopted the Conve ...
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Millet (Ottoman Empire)
In the Ottoman Empire, a millet (; ar, مِلَّة) was an independent court of law pertaining to "personal law" under which a confessional community (a group abiding by the laws of Muslim Sharia, Christian Canon law, or Jewish Halakha) was allowed to rule itself under its own laws. Despite frequently being referred to as a "system", before the nineteenth century the organization of what are now retrospectively called millets in the Ottoman Empire was not at all systematic. Rather, non-Muslims were simply given a significant degree of autonomy within their own community, without an overarching structure for the 'millet' as a whole. The notion of distinct millets corresponding to different religious communities within the empire would not emerge until the eighteenth century. Subsequently, the existence of the millet system was justified through numerous foundation myths linking it back to the time of Sultan Mehmed the Conqueror (r. 1451–81), although it is now understood that ...
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Marry-your-rapist Law
A marry-your-rapist law, marry-the-rapist law, or rape-marriage law is a rule of rape law in a jurisdiction under which a man who commits rape, sexual assault, statutory rape, abduction or other similar act is exonerated if he marries his female victim, or in some jurisdictions at least offers to marry her. The "marry-your-rapist" law is a legal way for the accused to avoid prosecution or punishment. Although the terms for this phenomenon were only coined in the 2010s, the practice has existed in a number of legal systems in history, and continues to exist in some societies today in various forms. Such laws were common around the world until the 1970s. Since the late 20th century, the remaining laws of this type have been increasingly challenged and repealed in a number of countries. Laws that allow courts to authorise an underage marriage on account of the pregnancy of a female minor when she is below the age of consent, commonly with parental consent, can in practice be a wa ...
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Hanafi School
The Hanafi school ( ar, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools (maddhab) of Islamic Law (Fiqh). It is named after the 8th century Kufan scholar, Abu Hanifa, a Tabi‘i of Persian origin whose legal views were preserved primarily by his two most important disciples, Imam Abu Yusuf and Muhammad al-Shaybani. It is considered one of the most widely accepted maddhab amongst Sunni Muslim community and is called the ''Madhhab of Jurists'' (maddhab ahl al-ray). The importance of this maddhab lies in the fact that it is not just a collection of rulings or sayings of Imam Abu Hanifa alone, but rather the rulings and sayings of the council of judges he established belong to it. It had a great excellence and advantage over the establishment of Sunni Islamic legal science. No one before Abu Hanifa preceded in such works. He was the first to solve the cases a ...
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Sunni Islam
Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a disagreement over the succession to Muhammad and subsequently acquired broader political significance, as well as theological and juridical dimensions. According to Sunni traditions, Muhammad left no successor and the participants of the Saqifah event appointed Abu Bakr as the next-in-line (the first caliph). This contrasts with the Shia view, which holds that Muhammad appointed his son-in-law and cousin Ali ibn Abi Talib as his successor. The adherents of Sunni Islam are referred to in Arabic as ("the people of the Sunnah and the community") or for short. In English, its doctrines and practices are sometimes called ''Sunnism'', while adherents are known as Sunni Muslims, Sunnis, Sunnites and Ahlus Sunnah. Sunni Islam is sometimes referred ...
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Customary Law
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity (''opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolut ...
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