Research on Islamic customary law of the Hui people

Author: Yang Jingde
Publisher:
Publish Date: 2006-08-01
Features: Law is a functional tool of social control. The function of law refers to the intrinsic connection between law as a part of the social whole and other structural elements of society, as well as its necessity and effectiveness for the survival of the social whole. Based on the differences in the structure and levels of legal functions, it can be divided into two forms: normative function and public function. Within these two specific forms, depending on the actual effects produced on other social structural elements, it can be further categorized into three types: positive function, negative function, and non-function. Additionally, based on different criteria, it can also be divided into internal and external functions, basic and auxiliary functions, explicit and implicit functions, ruling and non-ruling functions, political and economic functions, and overall and partial functions, among others. As one of the structural elements of society, Hui Islamic customary law exists under the regulation and constraint of state law and also has necessity and effectiveness for the existence of other social structural elements. Therefore, it is also one of the functional tools of social control. However, the basis for the function of Hui Islamic customary law and its specific functional manifestations differ from those of state law. Compared to state law, it primarily exhibits complete content and form in normative function, while its content and form in public function are deficient, making its overall function weaker than that of state law and characterized by deformation. Moreover, the emphasis on its normative and public functions also differs fundamentally from that of state law. This paper focuses on discussing the positive functions of Hui Islamic customary law toward state law and other social structural elements, and preliminarily explores its negative effects on other social structural elements under specific conditions. Under current conditions, how to fully leverage the positive functions of Hui Islamic customary law, strive to transform its negative effects into positive ones, and adjust its functional relationship with state law so that it can serve the rule of law civilization construction in Hui communities, and ultimately contribute to the state's strategy of governing according to law, is the starting point and focus of this paper.