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kobo
United Kingdom
7765 Posts |
 Posted - 17 Jul 2006 : 22:46:48
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quote:
Originally posted by kobo
quote:
Originally posted by kassma
if it was left up to me, islam and christianity would be thrown out of this discussion. whether a woman inherits or not seems like a small issue, but its small issues like this that cripple africa because so many people are affected by it. too much is placed on african women's shoulders while our men sit around and drink ataya and its definitely not only in Gambia. you can't have the group that's mostly oppressed doing all the work, it doesn't make any sense.
I don't understand your position. We are discussing issues affecting a given society. It could be from standpoints of old archaic customary laws, common law, equity,religious doctrines and modern human rights activism. The conflicts of interests are part of the sum total of this issue of inheritence . Don't you agree Kassama or clarify your position please
Kassama for your attention please. This topic is about leagal issues and justice has been done on the shariya aspects dealing with will, heirs (which include parents, husband, wife, children, sons, daughters and even ophans etc); allotees and the allotmnents. There are many factors at play on inheritence but the crucial question to answer is "Is equity seen to be at play and justice available to the righful heirs (allotees)?". That appear to have been available under shariya law and I would like to see a better alternative that can eliminate religious doctrines as a valid jurisprudence on this topic. What other legal sources can we refer under common law and equity to deal with inheritance |
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kassma
334 Posts |
Posted - 18 Jul 2006 : 01:23:28
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| if we have none to refer to, then we're just going to have to come up with new one, but i do firmly believe that islam and christian laws have to be taken out of the equation because the law for the land should have nothing to do with religion since it will be unfair and unjust to some people |
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LEMON TIME
Afghanistan
1295 Posts |
Posted - 18 Jul 2006 : 05:00:06
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| Kassma are you a Muslim as you dont seem to know a lot about Islam.PEACE and Blessing of ALLAH be upon us. |
There is no god but Allah |
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kobo
United Kingdom
7765 Posts |
Posted - 18 Jul 2006 : 11:37:56
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quote:
Originally posted by kassma
if we have none to refer to, then we're just going to have to come up with new one, but i do firmly believe that islam and christian laws have to be taken out of the equation because the law for the land should have nothing to do with religion since it will be unfair and unjust to some people
Society advanced based on moral values, law and order. Law was derived from sound precedents and certain customary practices refined to ascertain fairplay and jusctice for its common people or for a given society. Religion consolidates certain doctrines for justice to be executed as a sacred norm and right to both parties. Please take note that without religion there is no need for the ritual of taking oaths in courts. Sacredness brought about the rituals of oath and entrenchment of certain clauses in the dispensation of justice. Without religion nothing is sacred and there are more tendency towards biasedness, injustices and corruption. Therefore please take note that there are various sources of law under which civil and criminal cases are referred to depending on the circumstances of the case. Perhaps when dealing with your legal studies you would be exposed to legal principles. It appears that you have limited knowledge of law and a bit confused on this topic. Thats not the way to elimante religious ideals as a source of knowledge in our discussions.
However, which "law for the land" are you referring to Do we have anyone that originates in Gambia or is more suitable for Gambians If not more suitable Gambians do we have anyone for global use or international law
Finally can you propose (in your own opinion) how to dispense any example of inheritance in the most equitable (fairplay) way |
Edited by - kobo on 18 Jul 2006 11:47:14 |
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kassma
334 Posts |
Posted - 18 Jul 2006 : 13:31:50
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quote:
Originally posted by LEMON TIME
Kassma are you a Muslim as you dont seem to know a lot about Islam.PEACE and Blessing of ALLAH be upon us.
i'm not muslim and that has nothing to do with anything since i'm not here preaching christian values, i'm just saying for Gambia, if there is to be a law about this, it shouldn't have anything to do with islam or christianity |
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kassma
334 Posts |
Posted - 18 Jul 2006 : 13:39:26
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quote:
Originally posted by kobo
quote:
Originally posted by kassma
if we have none to refer to, then we're just going to have to come up with new one, but i do firmly believe that islam and christian laws have to be taken out of the equation because the law for the land should have nothing to do with religion since it will be unfair and unjust to some people
Society advanced based on moral values, law and order. Law was derived from sound precedents and certain customary practices refined to ascertain fairplay and jusctice for its common people or for a given society. Religion consolidates certain doctrines for justice to be executed as a sacred norm and right to both parties. Please take note that without religion there is no need for the ritual of taking oaths in courts. Sacredness brought about the rituals of oath and entrenchment of certain clauses in the dispensation of justice. Without religion nothing is sacred and there are more tendency towards biasedness, injustices and corruption. Therefore please take note that there are various sources of law under which civil and criminal cases are referred to depending on the circumstances of the case. Perhaps when dealing with your legal studies you would be exposed to legal principles. It appears that you have limited knowledge of law and a bit confused on this topic. Thats not the way to elimante religious ideals as a source of knowledge in our discussions.
However, which "law for the land" are you referring to Do we have anyone that originates in Gambia or is more suitable for Gambians If not more suitable Gambians do we have anyone for global use or international law
Finally can you propose (in your own opinion) how to dispense any example of inheritance in the most equitable (fairplay) way
it is possible to have law without religion, its called reason, rationality. how to we make sure people respect it without using religion: i feel that humans are capable of upholding laws without having a religious aspect to it, i feel that its even better for us to do us using our morals instead of depending on people's fear of God. and yes, i think it is possible that people don't need religion to follow rules. |
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Sister Omega
United Kingdom
2085 Posts |
Posted - 18 Jul 2006 : 16:34:08
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Human Rights declaration is a set of rules non religious domination rules nations, communities and individuals still find them difficult to follow reagrdless or religionor not.
Peace
Sister Omega |
Peace
Sister Omega |
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jambo
3300 Posts |
Posted - 18 Jul 2006 : 17:57:07
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sister omega , that is the truth, they all agree and then go away and disagree. religion is not at the bottom of this but greed and power, its all about control.
People also have to remember that outside the main two religion christianity and muslim there are a number of local beliefs that are general to certain areas, spirits, gods, numbers, places, dates and tradition play a big part in many of the decisions made in Africa.
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kobo
United Kingdom
7765 Posts |
Posted - 19 Jul 2006 : 18:15:09
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| Kassama hope you see some sense in Sister Omega's and Jambo's posts. Society is very complex as a sum total and one have been pervasive and try to be all inclusive, compromising and exercise some element of tolerance. Morality is also a wide concept, don't you agree |
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kassma
334 Posts |
Posted - 19 Jul 2006 : 23:08:14
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| kobo, i know what Sister Omega is saying, i wouldn't disagree with her statement. my only point was, read this very carefully: religion should be taken out of the equation when making laws for a nation that has more than one law. i know religion is not the only problem, people are human and will disagree, but religion will make it more complicated than it needs to be. some are tolerant and won't mind following a law from another religion, but a true believer won't follow nothing but their religion. and you really can't blame them. |
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