Thesis (doctoral)--Bonn, 2002.

Thesis (doctoral)--Universität, Hannover, 2001.

Originally presented as the author's thesis, Göttingen. / Bibliography: p. 167-179.

Under every regime, marriage is one of the essential factors to affect the development of a country. Before the Tang Dynasty, the divorce system was already practiced in the Chinese society due to the long lasting ancient rites. In ancient China, ‘qichu’ and ‘yijue’ were the typical and traditional divorce ways, but not under the legal system. Under these systems, women got divorce with no consent always happened. The low status of women under the divorce system was obvious. In Tang Dynasty, the ancient feudal law with perfect contents was existed, which was ‘The Tang Law Dredges Opinion’. It innovated the marriage law in the Chinese history. Apart from the ‘qichu’ and ‘yijue’ divorce system, the ‘divorce with consent’ system is an important part of marriage law to show the status of women improved to some extent in Tang Dynasty. Under ‘divorce with consent’ system, women had the right to take the initiative to dissolve the marriage relationship. Based on the historical records and materials, such as ‘releasing wife book’, poems and epitaphs in Tang Dynasty, this paper would analysis the reality of practicing the ‘divorce with consent’ system and the influence of this system about the women’s status in Tang Dynasty. On the other hand, the reasons about the Tang emperors established this system also reflected the rise of women’s status in the certain extent, for instances, economic, political and cultural aspects. The paper contains two parts. The first part focuses on the practice about the traditional divorce systems before the Tang Dynasty. The historical course about the change of names on the divorce systems is briefly recorded. The practice about ‘qichu’, ‘yijue’ and ‘divorce with consent’ system are analyzed by the historical materials before Tang Dynasty in order to show the difference about the women’s status in the second part. The second part mainly focuses on analyzing ‘divorce with consent’ system in Tang Dynasty with the women’s relationship. The ‘releasing wife book’, poems and epitaphs is going to demonstrate the practice of the ‘divorce with consent’ system. This part would analyze the structure and content of the ‘releasing wife book’ in details. The words and procedures reflect the characteristics about women under the law of marriage. Besides, the Tang emperors set up the ‘divorce with consent’ system also had the consideration about their ruling. These specific concerns had close relationship with the legal marriage system. Therefore, women’s status must be affected by their ruling policy undoubtedly. / published_or_final_version / Chinese Historical Studies / Master / Master of Arts

Islamic Law in Canada: Marriage and Divorce provides an analysis of how Canadian society and the Canadian judicial system have responded to the use of the Shari'a to resolve issues relating to Islamic marriage and divorce in Canada. This dissertation explores two instances where Canadian society has been forced to address the role of the Shari'a in Canada and its interaction with Canadian laws and values. The first involves the debate that took place in Ontario over the last decade concerning the use of Islamic arbitration in family matters. This public debate ultimately led to the rejection of faith-based arbitration in that province, a decision apparently consistent with traditional Canadian attitudes towards multiculturalism. The second area of interaction between Canadian and Islamic law is within the Canadian court system itself. In particular, Canadian judges are occasionally required to grapple with Islamic family law issues when rendering judgments on certain cases that appear before them. This dissertation will examine a number of such cases in order to illustrate how the Shari'a has been addressed by Canadian judges. The overall aim of this work is to situate Islamic law within Canada's liberal framework. It is argued that although Canadians are amenable to certain levels of diversity, values that fall outside mainstream liberalism are not granted recognition. This dissertation will also demonstrate that the failure to legitimize Islamic arbitration represents a lost opportunity that would have broadened the scope of Canadian justice to include minority voices. The decision to reject faith-based arbitration will motivate some Muslims to seek justice from ad-hoc bodies of authority. Devoid of government oversight, these forms of underground Islamic justice may negatively affect certain members of Canada's Muslim community.

Proefschrift Leiden. / Résumé en francais. Lit. opg. - Index.

Thesis (Ph.D. Law)--University of Waikato, 2009. / Title from PDF cover (viewed December 10, 2009). Includes bibliographical references (p. 501-535)

Thesis (J.C.L.)--Catholic University of America, 1992. / This is an electronic reproduction of TREN, #029-0245. Includes bibliographical references (leaves 62-64).

Thesis (J.C.L.)--Catholic University of America, 1992. / Includes bibliographical references (leaves 62-64).

Thesis (doctoral)--Rechtshoogeschool te Batavia, 1936. / Includes indexes. Errata leaf inserted at end. Includes bibliographical references (p. [221]-232).