Thesis--University of California. / Xerox copy of typescript. Ann Arbor, University Microfilms International, 1978. Bibliography: leaves 218-222.

Thesis (M.S.W.)--University of Hong Kong, 1993. / Includes bibliographical references (leaves 168-170) Also available in print.

Thesis (M.S.)--University of Wisconsin--Madison, 1967. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

Thesis (M.S.)--University of Wisconsin--Madison, 1970. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

Thesis (Ph.D.)--School of Education. University of Missouri--Kansas City, 2006. / "A dissertation in counseling psychology." Advisor: LaVerne Berkel. Typescript. Vita. Title from "catalog record" of the print edition Description based on contents viewed Jan. 26, 2007. Includes bibliographical references (leaves 112-134 ). Online version of the print edition.

Thesis (Ph. D.)--Dept. of Psychology. University of Missouri--Kansas City, 2005. / "A dissertation in psychology." Advisor: Sharon Portwood. Typescript. Vita. Title from "catalog record" of the print edition Description based on contents viewed June 23, 2006. Includes bibliographical references (leaves 254-260). Online version of the print edition.

Thesis (Ph.D.) -- University of Rhode Island, 2009. / Typescript. Includes bibliographical references (leaves 128-151).

Notwithstanding the enactment of the Constitution of the Republic of South Africa, 1996 the recognition of systems of religious, personal or family law for certain cultural and religious groups has either been limited or is virtually non-existent. To this extent, marriages concluded in terms of Islamic rites do not enjoy the same legal recognition that is accorded to civil and customary marriages. Non-recognition of Muslim marriages means there is no legal regulatory framework to enforce any of the consequences that arise as a result of the marriage, or any orders that are made by the Ulama, thereby creating a perilous situation that has dire consequences for spouses to a Muslim marriage. Despite South Africa’s commitment to the right of equality and freedom of religion, the courts have acknowledged that the failure to grant recognition to Muslim marriages on the ground of gender equality, has worsened the plight of women in these marriages, in that they were left without effective legal protection, should the union be dissolved either by death or divorce. Whilst the ad hoc recognition of certain consequences of Muslim marriages by the judiciary has gone a some way to redress the plight of Muslim women, and provided relief to the lived realities of Muslim women, these decisions are in fact contrary to the teachings and principles of Islam and therefore problematic for Muslims. These court decisions, that are in conflict with Muslim Personal Law (MPL), will ultimately lead to the emergence of a distorted set of laws relating to Muslim family law. This is a real cause for concern. This thesis is written from an Islamic legal theory perspective, which is contrary to western legal theory, as the latter adopts a human rights perspective. The basis of modern western democratic societies is a constitution that is premised on human rights and equality and which advocates the notion that the rights contained in the constitution reign supreme in all matters, religion included. Therefore, where a conflict arises in respect of the freedom of religion and the right to equality, western ideologies and philosophies dictate that the latter trump the former. This would inevitably mean that religious law would have to be adapted and ultimately amended so that it is in compliance with the constitution. From an Islamic religious perspective, this is not feasible and practicing Muslims will find this untenable. This may be legally uncomfortable in South Africa as a constitutional democracy but it is the reality for the adherents of the Muslim faith. A draft Muslim Marriages Bill (MMB) was released in 2003, and an amended MMB was tabled in Parliament in 2010. Both MMBs propose the legal recognition and regulation of Muslim marriages in South Africa. However, the two major issues delaying the enactment of the MMB into legislation are, firstly, whether or not the MMB would pass constitutional muster and secondly, the lack of agreement in the Muslim community on whether the MMB is Shari’ah compliant. Despite the largely consultative process that the MMBs underwent the legislative attempts to enact the MMB into legislation has not been successful. This thesis seeks to provide a possible solution whereby legislation regulating MPL law can be implemented in South Africa, notwithstanding the apparent conflict existing between MPL and the rights contained in the Bill of Rights. Notwithstanding the preference shown by the legislature to enact the MMB into legislation which will grant recognition to Muslim marriages, it is submitted there is a need for the legislature to rethink the approach that has to date been adopted. To this extent, it is submitted that the legislature should reconsider granting recognition to Muslim marriages by enacting legislation that takes the form of general legislation where state recognition is granted to all religious marriages, whether it be Muslim, Hindu or Jewish marriages. General legislation would mean that the state would require the marriage to be registered. However, the prescribed requirements, formalities and the consequences of the marriage would be determined by the chosen religious system of the spouses. On a national level a comparative analysis between Islamic law and the South African legal system, relating to the law of marriage is conducted. For the comparative analysis on an international level the law of marriage in England and Wales has been chosen. South Africa and England and Wales share a commitment to human rights and have adopted various approaches in respect of accommodating the application of Islamic law. Furthermore, an internal pluralism exists within the Muslim communities in South Africa, England and Wales as the majority of Muslims in these countries have to varying degrees developed diverse strategies to ensure compliance with Islamic law, and as well as South African and English law. The manner in which MPL is granted recognition needs to be given careful consideration as the implementation of this legislation will only be successful if it is compatible with the rulings and teachings of Islamic law. Caution should therefore be exercised to ensure that the fundamental aspects of MPL are not compromised as this will result in the legislation not being Shari’ah compliant and there will be no buyin from the Muslim community, with the consequence that this legislation will be mere paper law.

This dissertation examined how psychological variables associated with selfcontrol related to abusiveness in situations of intimate conflict. The variables of interest were efficacy, need for power and responsibility. These variables were examined relative to other predictors of abuse such as the Abusive Personality (Dutton, 1994b), a construct of personality features that predispose some men to intensely aversive emotional arousal in their intimate relationship, leading to abusiveness. The research is relevant to the experience of those men with the characteristics of Abusive Personality, as well as those who may not have those predispositional features. The first step of the project was the development of the Power, Conflict Efficacy and Responsibility Questionnaire (PCERQ), with its four sub-scales: (1) Conflict Ineffectiveness (CI; lack of conflict efficacy), (2) N-Power (NP; need for power), (3) Standards of Non-Abusiveness (SNA; one part of responsibility), and (4) Exonerative Rationalizations (ER; cognitions complicit with inconsistent self-control - a second part of responsibility). These sub-scales were developed on the basis of data collected from samples of undergraduate males in dating relationships (n = 147), men in treatment groups for wife assault (n = 50), and a community sample of men (n = 27). Results from regression equations predicting self-reported abuse with the PCERQ sub-scales, along with other theoretically-relevant measures, found that CI was a prominent and consistent predictor of both verbal and physical abuse. The interaction of the NP and ER sub-scales significantly predicted physical abuse, as did the interaction of the CI sub-scale with the Abusive Personality (the most abusive participants had the highest scores on both Abusive Personality and Conflict Ineffectiveness). These results show the importance of considering both situational conflict experiences, along with personality and life history variables, when examining wife assault. / Arts, Faculty of / Psychology, Department of / Graduate

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