The Impact of Legal Pluralism on Women's Status: An Examination of Marriage Laws in Egypt, South Africa, and the United States

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The Impact of Legal Pluralism on Women's Status: An Examination of Marriage Laws in Egypt, South Africa, and the United States
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17 HASTINGS WOMEN'S LAW JOURNAL, 65-92 (Winter 2006)
Using examples of traditional or customary laws pertaining to marriages in Egypt, South Africa, and the United States, the author argues that legal pluralism discriminates against women and violates their human rights. In allowing traditional or customary law to be applied in these countries to specific groups, instead of the national law like other citizens, the author contends that women are relegated to a lower status than men. The author recognizes, however, that traditional law plays a role in the distinct identities of the groups it applies to, but argues that it must be retained only when it accords with international human rights standards. [Descriptors:Marriage, International]