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| Promiscuity, Polygyny, and the Power of Revenge: The Past and Future of Burmese Buddhist Law in Myanmar | ||
| 作者 | Crouch, Melissa (著) |
|---|---|
| 出處題名 | Asian Journal of Law and Society |
| 卷期 | v.3 n.1 Summer |
| 出版日期 | 2016.05 |
| 頁次 | 85 - 104 |
| 出版者 | Cambridge University Press |
| 出版者網址 | https://www.cambridge.org/ |
| 出版地 | Cambridge, UK [劍橋, 英國] |
| 資料類型 | 期刊論文=Journal Article |
| 使用語言 | 英文=English |
| 附註項 | Author Affiliation: Lecturer, Law Faculty, University of New South Wales. |
| 關鍵詞 | Burma; Myanmar; Buddhist law; courts; Islam; women; marriage; polygyny; divorce; personal law |
| 摘要 | Myanmar is the only Buddhism-majority country in the world that has developed and maintained a system of family law for Buddhists enforced by the courts. This article considers the construction of Burmese Buddhist law by lawyers, judges, and legislators, and the changes made through legislative intervention in 2015. It begins by addressing the creation and contestation of Burmese Buddhist law to demonstrate that it has largely been defined by men and by its perceived opposites, Hinduism and Islam. Three aspects of Burmese Buddhist law that affect women are then examined more closely. First, Burmese Buddhist law carries no penalties for men who commit adultery, although women may risk divorce and the loss of her property. Second, a man can take more than one wife under Burmese Buddhist law; a woman cannot. Third, restrictions on Buddhist women who marry non-Buddhist men operate to ensure the primacy of Burmese Buddhist law over the potential application of Islamic law. This article deconstructs the popular claim that women are better off under Burmese Buddhist law than under Hindu law or Islamic law by showing how Burmese Buddhist law has been preoccupied with regulating the position of women. The 2015 laws build on this history of Burmese Buddhist law, creating new problems, but also potentially operating as a new source of revenge. |
| 目次 | Abstract 85 Keywords 85 1. INTRODUCTION 85 2. CREATING AND CONTESTING BURMESE BUDDHIST LAW 88 3. JUDGING THE BUDDHIST WOMAN 91 3.1 Promiscuous Buddhist Men and the Crime of Adultery 92 3.2 Polygamous Buddhist Men and the New Crime of Polygamy 95 3.3 Inter-Religious Marriage, Restricting Women, and the Relative Freedom of Buddhist Men 98 4. THE FUTURE OF BURMESE BUDDHIST LAW 101 REFERENCES 102 |
| ISSN | 20529015 (P); 20529023 (E) |
| DOI | 10.1017/als.2016.5 |
| 點閱次數 | 34 |
| 建檔日期 | 2024.09.10 |
| 更新日期 | 2024.09.10 |
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