Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal.

Ce travail a pour objet d’étudier la confrontation entre deux systèmes juridiques distincts en matière de mariage et de ses effets. Il s’agit de la réception du droit marocain de la famille qui est d’essence religieux par l’ordre juridique français à travers son droit international privé, un ordre juridique laïque. La première partie de cet ouvrage est consacrée à la compréhension du mariage marocain et de ses effets qui est indispensable pour la réception d’institutions étrangères par l’ordre juridique français. Pour y parvenir, il faut saisir l’évolution de l’institution matrimoniale depuis la création du premier Code de la famille marocain, jusqu'à la réforme de ce dernier en 2004. Elle met en évidence l’assimilation par le législateur marocain du mariage et de ses effets dans un Code de la famille moderne tout en gardant son essence religieuse. Cette approche indispensable conduit à comprendre la portée de la réforme du mariage marocain de 2004 et la difficulté que connait son application. Comprendre ses limites permet de saisir la conception de la notion de famille dans le Maroc d’aujourd’hui. La deuxième partie est consacrée à la réception de cette notion à travers le mariage marocain et ses effets par le droit international privé français. L’étude de l’application des règles de droit international privé montre la difficulté qu’a la loi marocaine à s’appliquer sur le territoire français malgré l’existence de la convention franco-marocaine du 10 aout 1981. Le droit marocain se trouve, malgré sa compétence, soit devant une qualification difficile de ses institutions inconnues de l’ordre juridique français et dans ce cas, il est dénaturé. Soit il est face à l’intervention du mécanisme de l’exception de l’ordre public puisque ses institutions et ses règles sont considérés comme choquant les principes fondamentaux du for et par conséquent, il est écarté. En analysant la méthodologie du droit international privé français, un certain relativisme découle dans l’application de ses modalités ce qui envoie à s’interroger sur les limites du respect des valeurs fondamentales du for. Un relativisme qui se débat entre poursuivre le but du droit international privé d’harmoniser deux systèmes. / This work is to study the confrontation between two distinct legal systems relating to marriage and its effects. It is the receipt of the Moroccan family law which is of religious essence by the legal order french through its international law private, a legal secular. The first part of this book is devoted to understanding Moroccan marriage and its effects which is indispensable for the reception of foreign institutions by the french legal order. Achieve this, to understand the evolution of the marital institution since the creation of the first Code of the Moroccan family, until the reform of the latter in 2004. Ithighlights the assimilation by the Moroccan legislator of the marriage and its effects in a modern family Code while keeping its religious essence. This indispensable approach leads to understand the scope of the reform of the Moroccan wedding of 2004 and the difficulty that knows its application.Understanding its limits allows to capture the design of the concept of family in the Morocco of today.The second part is devoted to this concept through the Moroccan wedding reception and its effects byfrench private international law. The study of the application of the rules of private international law shows the difficulty that Moroccan law applicable on french territory despite the existence of the Franco-Moroccan agreement of 10 August 1981. Moroccan law is, despite its jurisdiction, either before a difficult qualification of its unknown institutions of the french legal system and in this case, it is denatured. It is against the intervention of the mechanism of the public order exception as its institutions and its rules are considered offensive the fundamental principles of the Forum and consequently, he was waived. By analyzing the methodology of french private international law, a certain relativism arises in the application of its provisions that shipments to wonder about the limits of respect for the fundamental values of the Forum. A relativism that struggles between pursuing the goal of private international law to harmonize two different systems.

Le but de ce mémoire est d’analyser la condition et la conception des femmes dans le roman Le Ventre de l’Atlantique de Fatou Diome. Cette analyse est effectuée à la lumière des travaux de plusieurs écrivaines africaines. Fatou Diome évoque et dénonce la position de la femme sur l’île de Niodior au travers de nombreuses thématiques telles que : la soumission, le mariage forcé, la stérilité, la polygamie, la société́ patriarcale, la femme traditionnelle, la femme moderne, la liberté́, la femme en tant qu’objet et victime des coutumes et traditions. / The purpose of this essay is to analyze the condition and conception of women in Fatou Diome's novel Le Ventre de l’Atlantique. This analysis is done in light of the work of several African women writers. Fatou Diome evokes and denounces the position of the women on the island of Niodior through many topics such as submission, forced marriage, infertility, polygamy, patriarchal society, traditional versus modern woman, freedom, women as objects as victims of customs and traditions.

This thesis addresses the lack of scholarly attention devoted to African American Sunni women by examining how they use collective memory to negotiate embodied agency. Through an analysis of African American Sunni women’s narratives of testifying conversion, and vignettes from diaries and interviews, I show how African American Sunni women utilize racial, religious, and spiritual memory in the form of ritual practices and Islamic texts to multiply construct their bodies, and how this construction allows them to enact multimodal and nomadic forms of agency. A contextual analysis also illustrates how environment and interpretation (tafsir) further mobilizes forms of agency, articulating a need for flexibility in regard to the concept of embodied agency and challenging the dichotomy prevalent in Western and Eurocentric conceptions of liberatory agency.

Thesis (Ph. D.)--University of Oregon, 2002. / Typescript. Includes vita and abstract. Includes bibliographical references (leaves 321-336). Also available for download via the World Wide Web; free to University of Oregon users.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal

Tensions between the individual rights and freedoms found in constitutional bills of rights and the traditionally prescribed social roles and positions articulated in African customary law systems have often been characterised as tensions between communitarian and liberal philosophies. In particular, the notion of gender equality, which is often a feature of the protections offered by constitutional bills of rights, is seen to be in direct opposition to the overtly patriarchal character of many African customs and traditions. This thesis looks specifically at polygamy, long and widely considered in the West to be an oppressive practice premised on the assumed inferiority of women. The analysis considers the implications of polygamy in a particular cultural context, that of the Kingdom of Swaziland, where the newly instituted constitution is often seen to be incompatible with many aspects of Swazi customary law. Here, the tension between the constitutional commitment to gender equality and the persistence of polygamy as a seemingly discriminatory cultural practice forms a lens through which to view the debate as a whole. The theoretical analysis is supplemented by empirical research sourced from local media archives and in-depth interviews conducted with twelve Swazi women, both unmarried and married in polygamous relationships. Communitarian and liberal approaches to resolving this tension are compared, contrasted and finally critiqued from a feminist standpoint. The feminist critique of both communitarianism and liberalism implies that neither ideology promises much for women and affirms the relatively recent feminist suggestion that the key to resolving tensions between constitutional and customary law in general, and to uplifting the social/legal status of women in particular lies in the enhancement of women’s democratic participation and the improvement of women’s decision-making powers.

Between 1830 and 1844, the Mormons slightly shifted their position on African-American slavery, but maintained the middle ground on the issue overall. When Mormons began gathering to Utah in 1847, Southern converts brought their black slaves with them to the Great Basin. In 1852 the first Utah Territorial legislature passed “An Act in Relation to Service" that legalized slavery in Utah. This action was prompted primarily by the need to regulate slavery and contextualize its practice within the Mormon belief system. Ironically, had Congress known of Utah's slave population, it may have never granted Utah the power to legislate on slavery. During the debates over the Compromise of 1850, which series of acts created Utah Territory without restriction on slavery, Utah lobbyist John M. Bernhisel hid Utah slavery from members of Congress. Several years later, when Utah's laws were under review by Congressional committees, the public announcement of polygamy overshadowed information that betrayed slavery's practice in Utah. The fact that slavery's practice in Utah was never widely known, especially by members of Congress, delayed for nearly four years the final sectional crisis that would culminate in civil war. Utah may have been a peculiar place for the “peculiar institution" of slavery, but its legalization in the territory, and Congress' failure to acknowledge it, provide a compelling case study of popular sovereignty in action in the antebellum West.

For more than half a century Amos Milton Musser was a conspicuous figure in the social, religious, and business life of Utah.Amos Milton Musser, the second son and fourth child of Samuel and Anna Barr Musser, was born in Donegal Township, Lancaster County, Pennsylvania, May 20, 1830. When he was four years old, his father died. after three years of widowhood, his mother remarried, but her husband, Abraham Bitner, soon died, leaving her with two additional children.During her second widowhood, times were so hard that Mrs. Bitner had to ask for help in supporting her children. John Neff, the husband of her sister Mary, accepted the responsibility of guardianship for them. It was through him that the family became affiliated with the Church of Jesus Christ of Latter-day Saints and moved to Nauvoo, Illinois, in 1846. The families went on to Utah, but Amos Milton chose to remain behind and work. During the summer of 1851 he joined his mother in Salt Lake City, having been baptized into the Church at Kanesville before starting across the plains.

Since the issuance of the Manifesto by President Wilford Woodruff on September 25, 1890, discontinuing the practice of plural marriage by the Church of Jesus Christ of Latter-day Saints, intensive efforts have been made by dissenters to show that authority to practice polygamy has secretly continued to the present day. Claiming that the Church departed from its original teachings when it discontinued the practice of plural marriage and that the Manifesto was adopted merely as an act of appeasement, "fundamentalists" have attempted to show that the doctrine of plural marriage was revealed to the Latter-day Saints as an irrevocable decree, essential to the highest exaltation in the world to come. They further claim that since the time of Joseph Smith a special "higher priesthood" organization has secretly functioned independent of the Latter-day Saint Church through which authority to solemnize plural marriages has continued to the present day. Asserting that the practice of plural marriage is still a "vital part of the religion of the Latter-day Saints," and that men are commanded to obey God's laws "in total disregard of the laws of man which might conflict therewith." "Fundamentalists" conclude that it is not within the power of the Latter-day Saint Church or the Federal or State Government to prohibit plural marriages.A consideration of this position indicates that only after a unique interpretation of certain carefully selected excerpts from Latter-day Saint Church history and in some instances a complete fabrication of events, can evidence be found for the contention that the practice of plural marriage is still a "vital part of the religion of the Latter-day Saints."On the other hand, a review of the history and doctrine of the Church indicates, that no provisions were made for a succession of authority from Joseph Smith independent of the present Latter-day Saint Church leadership; that the practice of plural marriage was not dogmatically regarded as an irrevocable decree or an essential to the highest exaltation regardless of circumstances; and that the suspension of the practice of plural marriage was accomplished by the same authority by which the practice was introduced.