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Custom includes rules of law, such as the rule of primogeniture, which says the oldest male descendant inherits the entire estate. The practice of polygamy violates Article 3 of the ICCPR, guaranteeing equal rights for women and men, violates a woman’s right to equality in marriage, and has severe financial effects on her and her children. Another question might concern the consequences that would attend breach of the social contract. It is then important to consider how Islamic law as ‘the’ source of law deals with Muslim customary law in a dual basic norm system and how Islamic law as ‘a’ source of law, equal to customary law in the constitution, is affected by what Otto calls the ‘triple basic norm’, that is the presence of religious law and customary law in a Constitution. 51 An example of a triple norm is Article 2 of the Iraqi Constitution.

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Publisher: Accra, Ghana, first published 1954, re-issued 1968). (1968)


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