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Law Of Domestic Relations - End Notes
1. See Anderson's comprehensive article, "The Personal Law of the Druze of Israel," The World of Islam (1953), pp. 1-9, 83-94. 2. J.L. Burckhardt, Travels in Syria and the Holy Land , London 1822, p. 306. 3. Ibid., p. 203. 4. Al-Yom, 31.10.1961. 5. Hamizrah Hahadash (The New Middle East) 11/1961, p. 262. 6. In the original Lebanese law, there is an additional article (172), that ruled that this law was to be published in the official Lebanese newspaper and would invalidate all laws that contradicted it, and were not in accordance with its content. 7. Idda is the period of time which a widow or divorcee must wait before remarrying. The reason is to verify whether the widow or divorcee is pregnant and in order to prove the paternity of the infant. 8. Dhawat Al-Raham - a person whom a female came between him and the dead one; Mahram - in the sense of forbidding for marriage. 9. Anderson, p. 5. 10. Ibid., P.5 11. In order to understand the difference between batil and fasid in Islamic Law, compare article 52-58 and 75-78 in Ottoman Law. 12. Anderson, p. 7. 13. Refer to Anderson's, "Recent Developments in Shari'a Law", Moslem World, viii (July 1952), pp. 190-205. 14. Anderson, p.8. 15. Ibid., pp. 8-9. 16. See Anderson's article in Moslem World, October 1951, pp. 284-285. 18. Anderson, p. 88. 19. Ibid., p. 89. 20. In 1965, the Inheritance Act was passed in the Kenesset, which revoked the authority of all communities to rule according to their own inheritance laws, when these laws contradict this act. 21. Anderson, p. 91. Hasima -preventing someone from inheriting. There are two categories: (a) hasimat pihut, which reduces part of the inheritance (e.g., a husband receives half if he is childless and a quarter if there are children; the children, therefore, are "hasimat pihut" or reduce his share; (b) hasimat monaat, which is the prevention or blocking of the inheritance (e.g. a brother can prevent or block a nephew's share so that the nephew does not receive any part of the inheritance).Intorduction Chapter 1 - Eligibility to Enter into Marriage (Articles 1 - 5) Chapter 2 - Forbidden Marriages (article 9 - 13) Chapter 3 - Arranging the Marriage (Articles 14 -19) Chapter 4 - Marriages Rules (Articles 20 -23) Chapter 5 - Dower ("Mahr") (Articles 24 - 27) Chapter 6 - Maintenance (Nafaqa) (Articles 28-36) Chapter 7 - Separation (Article 37-49) Chapter 8 - Waiting Period (Idda) (Articles 50-53) Chapter 9 - The custody of the children (Articles 54-66) Chapter 10 - Child allowance (Articles 67-74) Chapter 11- Payments by sons to parents and other relatives (Articles 75-80) Chapter 12 - Guardianship over minors (Articles 81-87) Chapter 13- Guardianship and wills (Article 88-98) Chapter 14- Responsibilities of the guardian [executor] (Articles 99-118) Chapter 15- Circumstances under with a Qadi may disqualify a person and appoint a guardian (Articles 119 -125) Chapter 16 - A Missing Person and his Trustee (article 126 -136) Chapter 17 - Paternity (nasab) (Articles 137-144) Chapter 18 - Wills and Inheritance (2) (Articles 145 -170) End Notes |