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turk
USA
3356 Posts |
 Posted - 01 Feb 2008 : 04:19:37
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Just like education where there could be public, private and religious education may be good option for parents, there could be similar situation for family law as well.
A few years ago, in Ontario, a Canadian province, there was a talk that families may go to sheria courts kadi for their family disputes if both sides agree and try to resolve their issues before going to civil court. I like the idea, in terms of liberal secularism vs. radical secularism. Also, in Gambia, there are two independent systems. Which model is better, Gambian or proposed Canadian one?
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diaspora! Too many Chiefs and Very Few Indians.
Halifa Salah: PDOIS is however realistic. It is fully aware that the Gambian voters are yet to reach a level of political consciousness that they rely on to vote on the basis of Principles, policies and programmes and practices. |
Edited by - turk on 01 Feb 2008 04:28:28 |
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jambo
3300 Posts |
Posted - 01 Feb 2008 : 09:18:34
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| You can have a religious decision on family matters anywhere you like, what goes wrong is when one party is not happy with the decision, or it is not enforceable in the law of that land. You should always avoid court at any stage, think of MONEY COSTS. |
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toubab1020
12314 Posts |
Posted - 01 Feb 2008 : 12:30:30
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| We can't have poor lawyers can we!!I think that as a rule of thumb you stand a better chance of getting your version accepted by the courts the more you pay for legal representation,which means of course that the poor always get a raw deal. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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jambo
3300 Posts |
Posted - 01 Feb 2008 : 14:12:11
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| toubab you kill me, i was thinking more of the spiritual side of judgement, it is good to an, priest, imam, any religious representatie to see what the holy books say on matters, especially if land of children are concerned. but that judgement might not enforced in a court of law if you dispute the decision the religion has passed. |
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toubab1020
12314 Posts |
Posted - 01 Feb 2008 : 16:16:02
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Jambo, I see, I thought that as you had written MONEY COSTS (big letters)that was your primary concern,however that not being the case arbitration via a non enforcable court is perhaps a good way to resolve problems ,you mention children it is my perception that in some cases the views of the children are not taken into consideration due to established customs that exist in countries that have the system that TURK quotes.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 01 Feb 2008 18:52:04 |
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turk
USA
3356 Posts |
Posted - 01 Feb 2008 : 21:45:08
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| I like the proposed system in Canada better than Gambian. If both sides agree, they go to religious court to resolve the issues/divorce, however, if one does not agree on going to religious court, or if there is no satisfaction in kadi's decision, they can go to civil court. Excellent example to the 'liberal secularism'. |
diaspora! Too many Chiefs and Very Few Indians.
Halifa Salah: PDOIS is however realistic. It is fully aware that the Gambian voters are yet to reach a level of political consciousness that they rely on to vote on the basis of Principles, policies and programmes and practices. |
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toubab1020
12314 Posts |
Posted - 01 Feb 2008 : 22:24:21
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| Seems fair,would the proposed system take notice of the views of children or as the system has not been put into use ae you unable to say? |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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turk
USA
3356 Posts |
Posted - 01 Feb 2008 : 23:52:05
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2bab
Good point. If a religious court has ruling on a child, again, if both parents agree with the ruling, there may be still some government agency monitoring the child. If necessary, the non-religious court would make overruling for child. In this liberal secularism case, the government's objective is to give as much as religious freedom to individuals, while the secular law still overrules uncovered area or in case your point, child's situation.
I think this would be superior to both Gambian System (having two family law) or radical secularism.
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diaspora! Too many Chiefs and Very Few Indians.
Halifa Salah: PDOIS is however realistic. It is fully aware that the Gambian voters are yet to reach a level of political consciousness that they rely on to vote on the basis of Principles, policies and programmes and practices. |
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toubab1020
12314 Posts |
Posted - 02 Feb 2008 : 00:45:00
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| You have misunderstood the point I was trying to make which I thought that I had made clear,OK, let me try this,in the proposed system would the CHILD be asked what his or her feelings were on the situation,assuming devorce and custody were being arbitrated upon,as in MANY cultures children are not really supposed to have feelings or opinions, ADULTS always know best and will decide,if any judgement is to be fair then ALL parties should be heard. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 02 Feb 2008 00:46:16 |
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turk
USA
3356 Posts |
Posted - 02 Feb 2008 : 04:37:29
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Western systems do not care what children think/feel on divorce much, especially when children are too young. But that is another topic to discuss. Children can't have anything to say on divorce because parents are divorcing and children have nothing to do with it. I am not sure what/how they would impact on custody issue though.
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diaspora! Too many Chiefs and Very Few Indians.
Halifa Salah: PDOIS is however realistic. It is fully aware that the Gambian voters are yet to reach a level of political consciousness that they rely on to vote on the basis of Principles, policies and programmes and practices. |
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toubab1020
12314 Posts |
Posted - 02 Feb 2008 : 12:40:48
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You are implying that systems other than western systems do care?
I am confused,can you explain please?
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 02 Feb 2008 12:43:02 |
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njucks
Gambia
1131 Posts |
Posted - 02 Feb 2008 : 18:01:18
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quote:
Originally posted by toubab1020
.............. let me try this,in the proposed system would the CHILD be asked what his or her feelings were on the situation,assuming devorce and custody were being arbitrated upon,................,if any judgement is to be fair then ALL parties should be heard.
it is an interesting situation. usually in most countries there is a Law that set the Age of Consent. above this age you are legally an adult i.e you can buy cigarettes,get married, drive a car, live alone and sometimes vote.
for muslims in the gambia i think sharia law is recognised for marriages, divorce and inheritance only. whether one can appeal to the formal system is an interesting observation. |
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jambo
3300 Posts |
Posted - 02 Feb 2008 : 18:10:58
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I did not think that children were contacted on their opinion in Sheria law, i thought it automatically went to the father if the children were 12 or over.
In some African societies the children stay with the paternal family. so the issue is not discuss it is already known. |
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gambiabev
United Kingdom
3091 Posts |
Posted - 02 Feb 2008 : 18:17:29
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I know a lady who got divorced in Gambia. She had to leave her children behind. I think that is quite normal.  |
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jambo
3300 Posts |
Posted - 02 Feb 2008 : 19:30:29
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| Turk what is the law in turkey, sheria, or civil, who takes the interest of the children. |
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toubab1020
12314 Posts |
Posted - 02 Feb 2008 : 19:45:53
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quote:
Originally posted by jambo
I did not think that children were contacted on their opinion in Sheria law, i thought it automatically went to the father if the children were 12 or over.
In some African societies the children stay with the paternal family. so the issue is not discuss it is already known.
So the answer to my question is NO the father is all powerful and what he wants goes,is that correct? |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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