Journal articles on the topic 'Abused wives Legal status'
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Marzban, Ali. "The Status of Married Women’s Nationality in the World." International Journal of Multicultural and Multireligious Understanding 3, no. 2 (June 29, 2016): 46. http://dx.doi.org/10.18415/ijmmu.v3i2.47.
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Within the eighteenth century a college known as "The Unity System of {Lovers} Nationality" mentioned the theory that women should find the nationality with their husbands after marriage. Additionally, the nationality of men should be enforced on women. However, in the 20th century, a movement identified as feminism surfaced which resulted in the forming of a school called known as "System of Nationality Independence". This college advocated the parting of marriage and nationality and assumed that women's nationality should not change following marriage. These legal schools experienced different manifestations in the positive laws and regulations of different countries and it is sometimes hard to classify them into an individual legal college. The legal systems of countries can be categorized into two communities: legal systems advocating the imposition of husbands' nationality on wives; legal systems opposing the imposition of husbands' nationality on wives. This paper tries to comprise different systems of relationship between marriage and nationality.
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MIYAZAKI, Toshiyuki. "The Legal Status of Wives in the Family Farming in Japan." Journal of Rural Studies(1994) 1, no. 1 (1994): 3–9. http://dx.doi.org/10.9747/jrs.1.1_3.
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Anitha, Sundari, Anupama Roy, and Harshita Yalamarty. "Gender, Migration, and Exclusionary Citizenship Regimes: Conceptualizing Transnational Abandonment of Wives as a Form of Violence Against Women." Violence Against Women 24, no. 7 (August 17, 2017): 747–74. http://dx.doi.org/10.1177/1077801217720693.
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Based on life history narratives of 57 women in India and interviews with 21 practitioners, we document the neglect, abuse, and instrumental deprivation of women’s rights through the process of transnational abandonment. While gendered local sociocultural milieus and economic norms contribute to these harms, they are crucially enabled and sustained by transnational formal-legal frameworks. Widening the explanatory lens for understanding domestic violence beyond the family and community, we argue that in a globalized world, (inter)state policies serve to construct these women as a subordinate category of citizens—“disposable women”—who can be abused and abandoned with impunity.
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Ovadia, Moshe. "The legal discourse in respect of the status of deserted Jewish wives-Agunot in light of Halachic-Jewish Law Responsa of Rabbi Yaakov Moshe Toledano." International Journal of Legal Discourse 3, no. 1 (August 28, 2018): 159–71. http://dx.doi.org/10.1515/ijld-2017-0008.
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Abstract This article addresses The legal discourse in respect of the status of deserted Jewish Wives-Agunot in light of Halachic-Jewish Law Responsa of Rabbi Yaakov Moshe Toledano [Jewish legal] work Hayam Hagadol (Cairo, 1931) and Bat Ami (Tel Aviv 1947), which belongs to the category of Rabbinic Responsa. From these sources we learn of the legal discourse and his halachic approach in matters related to legal status of deserted Jewish wives (“Agunot”). From his responsa we learn of his use of the legal discourse, how he combined fully spelled out words and acronyms in Hebrew, the main language of his writings. He also used Aramaic, and foreign words written in Hebrew letters, as well as technical terms. We learn of his approach after he had meticulously studied halachic problems and issues, and combined halacha with historical events that impacted on the Jews over the centuries. Using these he issued halachic rulings. He used common sense, and did not rule out modern inputs, but rather addressed them and reached a halachic decision in order to provide his petitioners an adequate response. This article examines whether he was a strict rabbinic adjudicator or tended towards leniency.
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Ibrahem Abdel Muti Esleem. "A Proposed Program from the Perspective of the General Practice of Social Work to Overcome Husbands' Violence Against Their Wives." Journal of the College of Education for Women 33, no. 3 (September 28, 2022): 102–21. http://dx.doi.org/10.36231/coedw.v33i3.1615.
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Husbands’ violence towards their wives is one of the greatly important issues in social sciences. Accordingly, the current study aims at determining the levels of violence practiced by husbands towards their wives to propose a professional program from the perspective of the general practice of social work to overcome such a phenomenon. The study is descriptive in nature, where the researcher has used a comprehensive social survey method. To achieve the goal of the study, the researcher has prepared a questionnaire that consisted of two parts. The first part contains the primary data of the two sections, and the second contains (38) phrases distributed over four axes to measure the levels and types of violence among the sample’s members. The study has been conducted in the Safety House to Care for Abused Women in Gaza. The study’s sample amounted to (26) battered women. The results have revealed that the level of psychological violence is the most prevalent (81.3%), then comes physical violence (68.6%), then social (68%), and finally, comes economic violence (66.6%). The Study concluded that there are statistically significant differences between the level of violence practiced by husbands towards their wives in the Safety House for the care of battered women according to the variables of wife's educational status, and number of children. In light of these results, the study has concluded a proposed program from the perspective of general public practice to overcome husbands' violence against their wives.
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Carey, C. "Apollodoros' Mother: The Wives of Enfranchised Aliens in Athens." Classical Quarterly 41, no. 1 (May 1991): 84–89. http://dx.doi.org/10.1017/s0009838800003554.
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The banker Pasion, father of the notorious fourth-century litigant and politician Apollodoros, some of whose speeches have survived under the name of Demosthenes, was originally a slave; freed by his owners, he made a substantial fortune from banking and subsequently received Athenian citizenship for his generous gifts to the city. At [Dem.] 59.2 we are given a paraphrase of the decree which enfranchised him: 'Aθηναον εἶναι Πασωνα κα κγνους τοὺς κενου ‘[the Athenian people voted] that Pasion and his descendants should be Athenian’. In common with inscriptions recording grants of citizenship, and unlike Roman military diplomata, the decree appears to have ignored Pasion's wife Archippe. The silence of the decrees of enfranchisement is echoed in the literary sources, with the result that we have no explicit testimony to the legal status of the wife of an alien who was granted Athenian citizenship. M. J. Osborne assumes that the status of the wife was in no way affected by the grant; she remained an alien. D. Whitehead has argued that in such cases the wife's status was indeterminate; in the event of the death of her first husband she might find herself married either to an Athenian citizen or to an alien, whereupon her status would be defined according to that of her husband. This article will argue that Archippe's status was unaffected by Pasion's receipt of citizenship, that is, that she remained a metic. I shall then proceed to consider the question of the implications of the difference in status of Pasion and Archippe subsequent to his enfranchisement for the legal basis of the relationship between them, and finally draw a tentative conclusion about the date of Pasion's receipt of citizenship.
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Gyollai, Daniel, and Anthony Amatrudo. "Controlling irregular migration: International human rights standards and the Hungarian legal framework." European Journal of Criminology 16, no. 4 (May 11, 2018): 432–51. http://dx.doi.org/10.1177/1477370818772776.
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In the summer of 2015 Hungary constructed a 175 km long barbed-wire fence at its southern border with Serbia. New criminal offences and asylum procedures were introduced that limited access to refugee status determination and ignored agreed EU asylum policy, deterring and de facto preventing asylum seekers from entering Hungarian territory. This paper provides an analysis of these new measures, which criminalized asylum seekers, and the subsequent Hungarian policy in relation to the case law of the European Court of Human Rights – arguing that the Hungarian authorities excessively abused their discretion in implementing these new policies of immigration and border control.
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Snyder, Terri L. "Marriage on the Margins: Free Wives, Enslaved Husbands, and the Law in Early Virginia." Law and History Review 30, no. 1 (February 2012): 141–71. http://dx.doi.org/10.1017/s0738248011000630.
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In 1725, Jane Webb, a free woman of color, sued Thomas Savage, a slave owner and middling planter, in Northampton County Court, on the Eastern Shore of Virginia. Webb v. Savage was an unusual lawsuit, the culmination of over twenty years of legal wrangling between two parties who had an uncommon and intimate connection. The case originated in a 1703 contract between the pair, and at the time it was written, its terms, assumedly, were clear and mutually agreed upon. Two decades later, however, a tangled skein of circumstances obscured the stipulations of that original agreement. Over the course of those same years, the legal meaning of freedom for individuals like Jane Webb had fundamentally changed. Both fraught interpersonal relations and the evolution of race-based law mattered to the 1725 chancery case for one simple reason: Thomas Savage owned Jane Webb's husband. Despite the fact that Webb's spouse, named only in the records as Left, was enslaved, their marriage was legally recognized, and the seven children born to the couple, following the legal doctrine partus sequitur ventrum, took their free status as well as their surname from their mother.
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Hasbi, Ridwan, and Syafaruddin Hasbi. "THE LEGALITY OF DIVORCE IN THE PERSPECTIVE OF HADITH." Jurnal Ushuluddin 24, no. 1 (June 2, 2016): 51. http://dx.doi.org/10.24014/jush.v24i1.1526.
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Cerai talak (formula for divorce) and Cerai gugat (sue for divorce) are two terms of termination of marriage bond in Indonesia. The formula of divorce is a term that coincides with a divorce coming from the will of a husband and sue for divorce is the desire of a wife to separate from her husband. Islamic Law legalizes the right of wives in cases of divorce redeem (khulu‘) and fasakh because of syiqaq. On the other side, there are signs setting the rights up, so that the given reasons to use the rights must be legal in syar‘i. The reasons for the legality of divorce is a common-cause factor, so that the banning with threatening hadiths as well as those of the hadiths that say wives must obey their husbands, the wives should not hurt their husband and the wives are prisoners of husbands are all categorized into general. At another angle, there also the hadiths concerning with the status a couple husband and wife is heaven and hell for them in a household. Contextualization of hadiths that ban a wife asking for divorce without any legal cause from Syar‘i, and also those of the hadiths legalize khulu‘ are the realization of the conjugal lives with regards to the mandate of Allah and religious values. The facts of a wife sue for divorce to her husband are the conditions related to a confusion occurred in a household which are influenced by a variety of factors, i.g. economy, adultery, polygamy, social strata and others. A sue for divorce which is Syar’i based condition is a disagreement prolonged strife after peace held between the two sides and act endangers a wife
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Nava, Angeles, Judith McFarlane, John Maddoux, Heidi Gilroy, Nora Montalvo-Liendo, and Weidan Zhou. "Characteristics of Abused Immigrant Women with Children Who Obtain Legal Immigrant Status: Implications for Frontline Intervention Strategies." Journal of Immigrant & Refugee Studies 17, no. 2 (March 22, 2018): 222–39. http://dx.doi.org/10.1080/15562948.2018.1434263.
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Hamley, Isabelle. "‘Dis(re)membered and Unaccounted For’: שגליפ in the Hebrew Bible." Journal for the Study of the Old Testament 42, no. 4 (June 2018): 415–34. http://dx.doi.org/10.1177/0309089216690384.
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Concubines, שגליפ in the Hebrew Bible, are shadowy women whose presence weaves in and out of narratives of violence and conflict. Most of them are unnamed and appear simply in genealogies and harem lists. Their exact legal status is unknown; they stand between primary wives and slave-wives, seemingly legitimate yet treated with little regard or protection. This article examines the narrative patterns surrounding שגליפ. Four sets of texts are considered: Bilhah, Jacob's concubine (Gen. 35); the Levite's concubine (Judg. 19); Rizpah, Saul's concubine (2 Sam. 3, 21) and David's concubines (2 Sam. 5, 15, 16, 19, 20). These stories, taken together, reveal a picture of women whose lives were marked by sexual violence and coercion, precariousness and liminality, yet these were women whose legitimate position made them highly vulnerable within the political conflicts of their time. Narrative subtlety and intertextual echoes ensure that their stories indirectly provide a critique of polygamous marriage and mistreatment of inferior partners.
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Deni, Misda, Asmuni Asmuni, and Tengku Erwinsyahbana. "Perlindungan Hukum dan Hak Waris Istri Kedua dalam Perkawian Poligami Tanpa Izin." Journal of Education, Humaniora and Social Sciences (JEHSS) 2, no. 3 (March 22, 2020): 633–43. http://dx.doi.org/10.34007/jehss.v2i3.128.
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Polygamy marriage must be done with the consent or permission of the wife so that this creates a new legal problem regarding the position of the second wife, both in terms of rights and obligations, children, assets in the marriage as well as problems in the distribution of inheritance. The purpose of this paper is to determine the legal protection of a second wife to their legal status in polygamy marriage and to find out the rights of wife's inheritance in polygamy marriage according to Islamic fiqh and positive law. This research method is normative juridical with descriptive analysis research type. Legal protection for the second wife to get the rights and recognition must legalize marriage (isbat nikah) in the Religious Court. The second inheritance right of the wife to the polygamy marriage without permission is the right to inheritance with her husband since the marriage took place and all wives have the same rights to the inheritance within 1/8 if they have children and ¼ if they do not have children.
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Hamid, Wasia, Mohmad Saleem Jahangir, and Tanveer Ahmad Khan. "Half-widows: silent victims of the Kashmir conflict." Race & Class 62, no. 4 (February 16, 2021): 88–105. http://dx.doi.org/10.1177/0306396821989199.
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The long-standing conflict in Jammu and Kashmir has resulted in the enforced disappearance of thousands of married men, which has left their wives with a new fractured identity as a ‘half-widow’. Uncertain whether their husbands are dead or alive; their status is in limbo, leading to pervasive economic, social, legal and psychological problems. This article builds upon interviews with fourteen half-widows, aiming to gain an in-depth understanding of their lived experiences and the social trauma they face, including economic hardship, social stigmatisation and psychological trauma produced by their unresolved grief – which fluctuates between anguish over the possibility of death, and hope that their loved one will return.
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Sari Adnyani, Ni Ketut. "Pengembangan Usaha Terhadap Perempuan Bali Pasca Perceraian Dari Perkawinan Campuran Bermuatan Gender Dalam Hukum." Jurnal Ilmiah Raad Kertha 2, no. 1 (July 8, 2020): 101–8. http://dx.doi.org/10.47532/jirk.v2i1.155.
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This study aims to examine the opportunities for Balinese women in the field ofbusiness development after divorce from mixed marriages, prioritizing the principle ofgender responsiveness into awig-awig, the application of the burden of tolerance to102menyama braya, the status of krama istri, and carrying out the obligation to dance at thetemple. Tri Kahyangan is the goal of the gender content in the law of the business beingdeveloped. The research method in this study is sociological jurisprudence, and the typeof research is analytic study of legal materials that adopt women's rights in the businessworld. The binding legal material refers to the Republic of Indonesia State ConstitutionArticle 18 B paragraph (2) and the Traditional Village Awigers which refer to the DecreeNumber 01 / KEP / PSM-3/ MDP / Bali / X / 2010 by the Main Assembly of the PakramanVillage ( MUDP) Bali concerning the division of inheritance of Balinese women withstatus (pradana) has the right to inherit even though they have married and followed herhusband, inheritance in the form of assets can be the main capital for businessdevelopment in the context of business law. The determination of the research subject wascarried out by stratified random sampling. Legal material analysis techniques aredescriptive. The results of the study: Balinese women were given the opportunity to beaccepted as wife's manners based on the pre-marital agreement of the bride, bride'sfamily, and traditional village which contained the provision that in the future if anincident of custom divorce is ready to accept and provide opportunities to carry outroutines such as the wives of their wives in general. The implication of the gender contentin the law is that the consensus reference from the results of the women's traditionalvillage meeting that is the status of widows from mixed marriages is given the opportunityto open business opportunities in the local village area, and is entitled to inheritancegrants in accordance with the provisions adopted by MUDP Bali after obtaining anagreement with the family big through family consultation with the traditional village(dharma pula).
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NAGATA, MARY LOUISE. "Mistress or wife? Fukui Sakuzaemon vs. Iwa, 1819–1833." Continuity and Change 18, no. 2 (August 2003): 287–309. http://dx.doi.org/10.1017/s0268416003004600.
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This article is a case study addressing the issues of concubines, legitimacy and inheritance in early modern Japan. Although there was some discussion about the legal status of concubines/mistresses in the late nineteenth century in Meiji Japan, the topic has attracted surprisingly little recent research. The Meiji debate was concerned with how to treat concubines under a system that both outlawed bigamy and recognized common law marriages. The later academic debate refers back to the earlier interpretations of the legal and social status of concubines, with one side claiming they were nearly equal to wives and the other claiming they were little more than servants. In this study I review the above debates and then address the issue with a study of an inheritance case that began in 1819 when Fukui Sakuzaemon adopted an heir from outside the family. Sakuzaemon's concubine Iwa played an important role in the inheritance agreement and in further developments in the suit, including later efforts to disinherit the new head and gain support for her daughters by Sakuzaemon. I use the documents from this complicated case to analyse the social and legal statuses of Iwa and the relationship of her daughters to the Fukui family and its assets.
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Olasope, Olakunbi O. "Rape and Adultery in Ancient Greek and Yoruba Societies." Journal of Philosophy and Culture 5, no. 1 (March 1, 2014): 67–114. http://dx.doi.org/10.4314/jpc.v5i1.4.
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In Athens and other ancient cultures, a woman, whatever her status and whatever her age or social class, was, in law, a perpetual minor. Throughout her life, she was in the legal control of a guardian who represented her in law. Rape, as unlawful carnal knowledge of a woman, warranted a capital charge in the Graeco-Roman world. It still carries a capital charge in some societies and is considered a felony in others. As for adultery, it may be prosecuted in some cultures while in others it is a matter to be decided by the family council.This paper examines laws concerning the abuse of and exploitation of women in ancient and modern societies, especially within the context of their biologically determined roles and sexual culture. It also seeks to establish the socio-legal rights (if any) of women, especially those who were traumatised and sexually abused. The research method is mainly content analysis. It employs sources such as legal evidence in the form of recorded speeches of the Attic orators along with literary accounts, historical or legendary and epigraphic inscriptions.
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Usoltsev, Egor Yu. "Abuse of Right by a Consumer: Problem Setting and the Search for a Solution." Jurist 4 (April 22, 2021): 41–45. http://dx.doi.org/10.18572/1812-3929-2021-4-41-45.
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Balanced relations between retail market participants largely ensures the competitiveness and stability of the entire Russian economy. Hence, the state pays close attention to consumer protection issues. But, like any sphere of civil law regulation, relations with the participation of consumers are inherently abused, including by the consumers themselves. This article proves in both practical and theoretical aspects that consumer dishonesty is a significant legal problem. The solution of this problem requires not only systematic change in the current legislation, but also a broad public discussion. After all, the modern legal consciousness of the consumer is perceived exclusively as the weak counter party. It is obvious that in such conditions it is a difficult task to realize the existence of this problem and even more so to take real steps to solve. Nevertheless, one cannot remain idle. Consumer abuse of right, being an independent form of abuse of subjective civil right, has its own specifics related to the role and legal status of participants in the legal relations under consideration, so there is an objective need for legislative consolidation of this concept, with which the fight against this kind of behavior should begin.
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Wang, Zicheng, Yun Lou, and Yi Zhou. "Bargaining Power or Specialization? Determinants of Household Decision Making in Chinese Rural Migrant Families." SAGE Open 10, no. 4 (October 2020): 215824402098044. http://dx.doi.org/10.1177/2158244020980446.
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Family migration is a common integration process for rural migrants in contemporary China. However, discussions on intra-household decision making in dual-earner migrant families are limited. This study aims to address this gap. The data set from the Rural Urban Migration in China (RUMiC2008–2010) is employed to explore the determinants of household decision making. In addition, logit regression is performed to estimate the probability of wives acting as head of the household under different specifications, and the Blinder–Oaxaca–Fairlie decomposition is utilized to discuss gender differentials in decision-making responsibilities. Income and migration duration differentials between a wife and husband have important influences on the probability of being responsible for household decision making. The squared terms of wives’ and husbands’ income have inverted effects. The gender gap between household decision makers can be largely attributed to structural factors rather than observable characteristics, though bargaining power acts as the main contributor in explained parts. Bargaining theory can account for the probability of wives becoming the household decision maker, and the claim of the specialization approach is also confirmed. Gender inequality among household decision makers is largely attributed to structural factors, such as cultural/social norms, obstacles, or gender discrimination. The establishment of long-term effective mechanisms to improve employment quality for female migrants, the supply of basic public services, and protection of women’s legal rights in the household should be strengthened in the future to elevate the status of female migrants.
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Sperling, Jutta. "Dowry or Inheritance? Kinship, Property, And Women's Agency in Lisbon, Venice, and Florence (1572)." Journal of Early Modern History 11, no. 3 (2007): 197–238. http://dx.doi.org/10.1163/157006507781147470.
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AbstractThe marital property regimes, inheritance practices, and kinship structures of Renaissance Italy and early modern Portugal were at opposite ends of a spectrum. In Italy, the legitimacy of marriage was defined as the outcome of dowry exchange governed by exclusio propter dotem, thus conceptually linked to the disinheritance of daughters and wives. In Portugal, where the Roman principle of equal inheritance was never abolished, domestic unions qualified as marriages insofar as joint ownership was established. Kinship structures were rigidly agnatic in Italy, but cognatic, even residually matrilineal, in Portugal. An investigation of notarial records from Lisbon, Venice, and Florence shows how women's capacity for full legal agency as property owners in both societies differed. Female legal agency, however, whether measured by women's capacity to engage in property transactions independently of their marital status (Portugal), or as the manipulation of limited legal resources, even resistance against a system of dispossession (Italy), always unfolded within the context of larger agendas that were beyond women's control, such as the processes of state formation in medieval Italy and empire-building in Portugal.
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Lasori, Siti Alfisyahrin. "Mechanism for collective property sharing in mixed marriage." Jurnal Hukum Volkgeist 5, no. 1 (December 12, 2020): 70–80. http://dx.doi.org/10.35326/volkgeist.v5i1.896.
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This research discusses the mechanism of sharing joint assets for mixed marriage partners. The results of the study illustrate the applicable provisions with the facts that occur in the community regarding land ownership for Indonesian husbands or wives in mixed marriages. The research method used in this research is normative research method. The statutory approach and the conceptual approach The statutory approach is an approach using legislation and regulations. And the conceptual approach is to refer to legal principles. These principles can be found in scholarly views or legal doctrines . This study aims to analyze the mechanism for sharing joint assets in marriage, is based on the prevailing laws and regulations and provides legal certainty for the husband or wife of Indonesian citizens regarding the status of land ownership in joint assets for mixed marriages. Based on the results of the research, a conclusion is obtained that land ownership for Indonesian citizens due to mixed marriages without being equated with land rights for their foreign partners, which is only limited to use rights. Legal certainty for current Indonesian citizens to be entitled to land with ownership rights.
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Römkens, Renée. "Ambiguous Responsibilities: Law and Conflicting Expert Testimony on the Abused Woman Who Shot Her Sleeping Husband." Law & Social Inquiry 25, no. 02 (2000): 355–91. http://dx.doi.org/10.1111/j.1747-4469.2000.tb00965.x.
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Truth is a thing of this world: It is produced only by virtue of multiple forms of constraint.—Michel Foucault 1977Law is less than ever the exclusive domain of legal experts. However, scientific experts often disagree on what constitutes scientifically reliable and valid knowledge. In sociolegal debates about whether luw or science is ultimately decisive in this decision-making process, the focus is primarily on the competition between the powers of law or science.Using a detailed analysis of a Dutch appellate case of a battered woman who killed her husband, I will argue that the legal decision on conflicting expert testimonies in the field of forensic psychiatry and psychology resulted from a much more complex intersection of power, struggles between law and science, but also among scientists. Various aspects of expert testimony, unrelated to the scientific validity of the knowledge, profoundly influence how specialized knowledge from experts will or will not be validated by the law. Such aspects include status differences between institutionalized and less-established disciplines, and gender bias. While exercising its ultimate obligation and power to judge in an arena of disputing experts, law in this case rhetorically constructs an image of rationality, Objectivity, and neutrality of its own decision-making process. In so doing, it masks the underlying umbiguities, its arbitrariness, and its gender bias in the process of inclusion or exclusion of expert knowledge.
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Wiguna, I. Gede Wardana Oka Sastra, I. Nyoman Putu Budiartha, and I. Putu Gede Seputra. "Kepemilikan Hak Atas Tanah dalam Perkawinan Campuran." Jurnal Konstruksi Hukum 1, no. 1 (August 27, 2020): 157–63. http://dx.doi.org/10.22225/jkh.1.1.2149.157-163.
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The study of this research is a review of the ownership of land rights for husbands / wives as a result of the existence of mixed marriages, currently mixed marriages exist in various circles of Indonesian society, the cause of this legal incident is the result of the fast and easy development of the times, and is supported by international relations that continue to increase. With the occurrence of many mixed marriages in Indonesia, legal protection in mixed marriages should be accommodated properly in the legislation in Indonesia. The purpose of this research is to understand the arrangement of ownership of land rights according to Law Number 5 of 1960 concerning agrarian principles and to know the status of ownership of land rights that can be owned in mixed marriages. Researchers use normative techniques, namely normative legal research methods or library law research methods, which are methods or methods used in legal research conducted by examining existing library materials. This research illustrates that the ownership of land rights according to Law Number 5 of 1960 concerning Basic Basic Agrarian Regulations in general, land rights can be in the form of property rights, land use rights, land use rights, and finally use rights which are between one and one rights. Other rights have different meanings in terms of limitations on legal subjects of ownership and limitations on the duration of ownership. The status of ownership of land rights that can be owned in mixed marriages is attached to people who have Indonesian citizenship and in mixed marriages the problems of ownership of the rights over can be resolved by a marriage agreement made between the parties.
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Levy, Juliette. "The Marriage Penalty: Women, Property Rights, and Credit Markets in Yucatán, 1850 – 1900." Hispanic American Historical Review 88, no. 3 (August 1, 2008): 427–54. http://dx.doi.org/10.1215/00182168-2008-331.
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Abstract This article addresses how marital property regimes acted as obstacles to the development of the Yucatán credit market. Marriage is a contract, and historically it carries with it significant financial corollaries. Dowries, marital property regimes, and inheritance laws were all designed to support the economic instrument that marriage represented. There are many other ways in which marriage intersects with markets; this article assesses the role of property rights, and specifically, married women’s property rights, in the credit markets of nineteenth-century Yucatán. Using mortgage contracts and probate records recorded by notaries, this article analyzes the participation of women in the local mortgage market, taking into account the legal context in which it developed, and explains how legal tradition and civil codes contributed to the distortions that affected women in the local credit market. This article shows specifically that the analysis of women’s participation in economic markets in the nineteenth century must take their marital status into account, as well as the unequal legal position of husbands and wives under the laws of the time, and concludes that marital property rights, and by extension marriage, played an important and unexpected role in the region’s credit market.
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Zainon, Masyitah Mohd, Marina Abu Bakar, Saad Gomaa Gomaa Zaghloul, Nur Sarah Tajul Urus, Mus’ab Mohd Yusoff, and Nadia Murshida Abd Azzis. "Jointly acquired property of a working wife: A legal analysis from 'Urf perspective." Linguistics and Culture Review 5, S4 (December 3, 2021): 2318–31. http://dx.doi.org/10.21744/lingcure.v5ns4.1923.
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In Malaysia, jointly acquired property has been recognized due to divorce, polygamy, or death. Section 122 of the Islamic Family Law Enactment (State of Kedah Darul Aman) 2008, clearly provides the jurisdiction of Court in division of jointly acquired property. Disputes arose between Muslim’s scholars on the status of property of a working wife whether it can be regarded as a private property or jointly acquired property. Nowadays, it seems that the domestic contributions for a living are attributed to the property of the working wife. These contributions include the purchase of house, car, and expenses in upbringing the children. Therefore, the objective of this study is to identify the classification of property of the working wives and the condition of jointly acquired property that can be claimed by the husband from Islamic perspective and subsequently analyse the custom recognition on it. This study is a qualitative study in which data is collected from Islamic law books and legal sources. Data analysis completed by applying content analysis methods through a descriptive approach. The findings indicated that the custom (‘urf) recognized the classification of property of a wife to be accepted as jointly acquired property.
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Ramsey, Carolyn. "The Exit Myth: Family Law, Gender Roles, and Changing Attitudes toward Female Victims of Domestic Violence." Michigan Journal of Gender & Law, no. 20.1 (2013): 1. http://dx.doi.org/10.36641/mjgl.20.1.exit.
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This Article presents a hypothesis suggesting how and why the criminal justice response to domestic violence changed, over the course of the twentieth century, from sympathy for abused women and a surprising degree of state intervention in intimate relationships to the apathy and discrimination that the battered women' movement exposed. The riddle of declining public sympathy for female victims ofintimate-partner violence can only be solved by looking beyond the criminal law to the social and legal changes that created the Exit Myth. While the situation that gave rise to the battered womens movement in the 1970s is often presumed to be part ofa long history of state tolerance or even approval of violence against women, the real history is actually much more complicated. Indeed, at least until 1930, wife beaters were routinely brought to criminal court and fined or sentenced to a jail term. Whereas wife killers often faced life imprisonment or even the death penalty, juries acquitted many women who used lethal violence against their abusive husbands. What happened between the 1920s and the later decades of the twentieth century that changed how the public and the criminal justice system responded to domestic violence? This Article offers the following hypothesis: As women gained the vote and sought easy access to divorce, and as mothers of minor children began to compete for jobs formerly held exclusively by men, society and the criminal justice system less often saw abused wives as frail beings who needed protection against their violent husbands. Changes in employment opportunities, family and property law, and psychosocial understandings of intimate relationships combined to create a false sense of the ease with which women could exit an abusive marriage. This overestimation ofwomen ' ability to leave, paired with the new view that women did not need to be protected in paternalistic ways, contributed to waning sympathy for female victims of intimate-partner violence. In the second half of the twentieth century, such women were presumed-often unfairly and incorrectly-to be capable of safely leaving their relationships and supporting themselves. As gender roles changed to allow greater female autonomy, the criminal justice response may have become more punitive and less sympathetic toward women trapped in violent intimate relationships.
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Nimah, Zulfatun. "The Violation on Women’s Rights in the Unilateral Divorce in Sasak Community From A Feminist Legal Theory." AL-IHKAM: Jurnal Hukum & Pranata Sosial 13, no. 1 (July 31, 2018): 25–48. http://dx.doi.org/10.19105/al-lhkam.v13i1.1482.
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For giving legal protection to both of husband and wife, Indonesian Marriage Act 1/1974 regulate that a divorce should be done in the court. However, until recently there are many Sasak men still divorced their wives by unilateral statement only, not through trial process in the court. From a feminist legal theory perspective, the practice of unilateral divorce was susceptible to violate women’s right because empirically the living law in the community is generally formulated by male figures, using man perspective and aim for perpetuate men power. This research aims to describe and analyse the forms of violation of the rights of Sasak women who was unilaterally divorced by her husband. This research is a type of empirical legal research using qualitative approach. Primary data is taken from the subject of research, by in-depth interview technique and non-participatory observation. The result of research shows that there are four types of violation on women’s rights who are divorced by their husband, namely: a) not getting mut’ah (competation of divorce) and basic necessity during `iddah; b) not getting the settlement for mahr; c) not getting the share of community property; and d) not having certain marital status. Base on this result, it is very important to conduct a legal literacy program for Sasak community for make them not divorce unilaterally anymore.
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Rep'ev, Artem. "Honorary rights and obligations: doctrine, practice, technology." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (April 9, 2021): 26–36. http://dx.doi.org/10.35750/2071-8284-2021-1-26-36.
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The article is devoted to general theory analysis of legal categories «honorary rights» and « honorary obligations». The author puts forward and gives arguments to the hypothesis about the existence of a specific group of legal permissions and obligations which differ from other kinds of rights and legal obligations due to their peculiarities. Significant and informative consideration of «honorary rights» and «honorary obligations» both from the point of doctrine of law and historical and modern legislature as well as law enforcement practice was done. The purpose. To make up in the legal doctrine for the absence of complete idea of honorary rights and obligations as elements of the legal position of separate subjects having special legal status; reveal their characteristic features and define the risks conditioned to be abused. Methodology. Historical way of cognition, philological approach, empirical methods of comparison, descriptions, interpretations, theoretical methods of formal and dialectic logic; private-scientific methods, formal legal method, legal norms interpretation method. Results. Analysis of doctrinal sources of the Russian and International Law, jurisprudence historical landmarks, current normative legal acts, and law enforcement practice showed that honorary rights and obligations are of encouraging and stimulating nature, have an accessory character in relation to the basic opportunities and obligations of the subjects. On the basis of the establishing the elements of similarity and differentiation of honorary right with subjective right of the subject, honorary obligation with legal obligation on the whole, the aspects of their interactions and existing contradictions, an independent categorical and institutional character of honorary rights and obligations is proved, its specific qualities which differentiate
it from adjacent legal phenomena are specified. Conclusion. It is necessary to strictly differentiate the understanding and realization of honorary rights and obligations in the system of legislature and law enforcement practice by means of unification and concretization of law provisions using encouraging and stimulating instrumentation, justified and minimum usage of assessment notions and components (prominent merits, prestige, authority, etc.) that serve as the basis for receiving honorary rights and obligations, improving the legal status of subjects with regard to other participants of relation. The steps taken should contribute not only to the increasing the efficiency
of regulation of public relations through the system of legal encouragements, stimuli and advantages but decreasing discrimination and corruption risks, the opportunity of subjective discretion associated with granting similar additional opportunities.
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Demirkaya, Sevcan Karakoç, and Mustafa Küçükköse. "Demographic and Clinical Characteristics of Sexually Abused Children and Adolescents Referred to Child and Adolescent Psychiatry for Psychiatric Assessment." Bulletin of Legal Medicine 22, no. 1 (April 29, 2017): 14–20. http://dx.doi.org/10.17986/blm.2017127136.
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Objectives: Child abuse has been a continuous, hidden health and social problem in all over the world. Identifying risk factors are crucial to implement protective services. In Turkey, data of the legal cases are still lacking. This study aims to assess the sociodemographic and psychiatric features of the sexually abused children who have been referred for forensic evaluation together with their identity issues.Materials and Methods: The forensic files of the sexually abused cases (tı 11: 9 boys, 32 girls) who had been referred to the child psychiatry outpatient clinic were evaluated. Psychiatric diagnoses in the files were based on the Schedule for Affective Disorders and Schizophrenia for School-age children- Turkish Version. Data on age, gender, socioeconomic status and diagnoses of the victims and characteristics of the abusers were gathered and analysed by descriptive statistical methods.Results: Mean age of the victims was 11.54±3.31 years. Socioeconomic levels of their families were mostly lower class with rate of 51.2%. All perpetrators were male with a mean age of 23 years (min 14; max 67). When the consanguinity of the abusers and victims were taken into consideration, it was found that they were intrafamilial (fathers and brothers rate:12.2%), close relatives (19.5%), distant relatives (22.0%), other familiar (such as neighbours, friends: 14.6%) and unfamiliar (24.4%) people for the victims. 19.5% of the victims had mental retardation. The most common diagnoses of the victims were posttraumatic stress disorder (46.3%), other anxiety disorders (17.1%), and major depression (24.4%).Conclusion: Identified risk factors for sexual abuse, determined as the result of this study, are being a female child, late childhood period, mental retardation, and low economic status. The abusers were males who were familiar to the child victims. Preventive measures should be implemented for the entire population, particularly involving the high- risk groups to avoid child abuse.
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Rohman, Miftakur. "EKSISTENSI MAFQUD (SOLUSI ATAS MASA TANGGUH BAGI ISTRI DAN STATUS AHLI WARIS)." MASADIR: Jurnal Hukum Islam 1, no. 1 (April 9, 2021): 1–14. http://dx.doi.org/10.33754/masadir.v1i1.326.
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Abstract: Natural phenomena such as natural disasters are part of sunnatullah, of course there are wisdoms and problems that arise from them. Floods, landslides, fires, and even drought are among the examples. From this incident some people died, were injured and people were missing. Missing people create problems for the household, especially for wives who need certainty to remarry, as well as the status of their heirs. This issue attracted the attention of scholars to provide legal clarity and was responded to with several answers. For the tough period a wife can marry, first, the missing person is confirmed to have died. Second, waiting four years and four months and ten days as iddah for a wife whose husband died. Third. According to the judge's decision. However, if the mafqud returns there are 2 opinions. First, a wife is still the second husband's wife. Second, a husband who is mafqud can withdraw his wife or give her compensation for a mitsil dowry. Meanwhile, the issue of the status of the heir of mafqud. First. The wealth may not be distributed until it is clear that the mafqud has passed away or the death of the majority of people his age. Second, if the inheritance has been divided and the mafqud arrives, the heir must return it or replace it.Key word: Mafqud, Tough Period, Status of Heirs
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Yasin, Hendra, Abdur Rahman Adi Saputera, and Salha Polapa. "Tinjauan Hukum Terhadap Poligami Pegawai Negeri Sipil Tanpa Izin Istri di Kecamatan Atinggola Kabupaten Gorontalo Utara." Jurnal Tana Mana 1, no. 2 (July 3, 2021): 138–56. http://dx.doi.org/10.33648/jtm.v1i2.139.
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The objectives of this study are: (1) To identify and provide an overview of the status of Civil Servants who remarry without the wife's permission in Atinggola District, North Gorontalo Regency, (2) To identify and provide an overview of the obstacles faced in applying sanctions to employees Negeri Sipil who remarried without the wife's permission in Atinggola District, North Gorontalo Regency. The type of research carried out by researchers is a type of normative / doctrinal research which is a document study using secondary data sources in the form of statutory regulations, court decisions, legal theory and the opinions of scholars. From this study the authors can find out about the Legal Review of Civil Servants Remarried Without Wife's Permit. The results of this study are: (1) The status of civil servants who remarried without the wife's permission in Atinggola Subdistrict, North Gorontalo District, totaled 4 people. The four perpetrators of this unregistered marriage are active civil servants and have not received any follow-up sanctions as stipulated in the law. In general, from the existing research results, it is found that none of the wives want to be combined or lead a polygamous life, so this causes the husband to marry in unison (secretly). Informants generally consider sexual desire or biological need as the main reason for men's polygamy, (2) The obstacles faced in applying sanctions to civil servants who remarry without the wife's permission in Atinggola District, North Gorontalo Regency; a) No report of the victim (wife) who was polygamous to court, b) The solution taken is to report the husband to the closest civilian official.
Keywords: Legal Review, Civil Servant Polygamy, Without Wife's Permit
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Davis, Donald R. "Slaves and slavery in the Smṛticandrikā." Indian Economic & Social History Review 57, no. 3 (June 14, 2020): 299–326. http://dx.doi.org/10.1177/0019464620930893.
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This article contains both a study and a translation of the laws relating to slavery found in the thirteenth-century Hindu law digest called the Smṛticandrikā. By focusing on a single text, we can clearly see the ideology of slavery in the view of one important author of medieval India. First, slaves formed one end of a categorical continuum of workers, all of whom laboured for the benefit of others as they were denied legal autonomy. While not equivalent, slavery and other forms of work formed a unified topic under what is often called Master and Servant law. Second, slaves were frequently likened to both Śūdras and wives in the text, indicating the persistent relevance of caste and gender to slave status. As a result, the characterisation of slavery as ‘social death’ is less helpful in this case than the unsettling idea that slavery is an intensified form of work in general. All work, including slavery, is affected by a loss of freedom and personal benefit, as well as the biases of social stratification.
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KHADIAGALA, LYNN. "NEGOTIATING LAW AND CUSTOM: JUDICIAL DOCTRINE AND WOMEN'S PROPERTY RIGHTS IN UGANDA." Journal of African Law 46, no. 1 (April 2002): 1–13. http://dx.doi.org/10.1017/s022185530200175x.
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Since the promulgation of Uganda's new constitution in 1995, the Law Reform Comission (LRC) has had the task of revising statutory laws to conform to the new constitution. One focal point has been the drafting of a Domestic Relations Bill. The bill proposes significant changes in women's legal status within the institutions of marriage and succession. Under the new statute, for example, women would gain joint marital property rights over any assets acquired during the course of marriage. Women could use the law to challenge husbands who seek to sell property or shift assets among their wives. The bill also proposes that when a married person dies intestate, the suviving spouse(s) should be appointed administrator to the estate, unless the courts have good reason not to do so. This should facilitate widows who seek to protect their assets from relatives who perceive in death opportunities to grab property. Not suprisingly, publication of the bill generated considerable outrage among men who perceive the extension of property rights to women as a direct threat to a natural social order privileging male authority.
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Endang Prasetyawati. "The meaning of "un-recorded marriage" in the perspective of the marriage law." Technium Social Sciences Journal 39 (January 8, 2023): 287–96. http://dx.doi.org/10.47577/tssj.v39i1.8212.
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Humans are zoon politicon, namely creatures that live in groups. As humans who live in groups, humans always need other people in living their lives. One of the needs of human life is to form a family and obtain offspring. This is a human right for everyone. Provisions on the right to have a family and continue offspring are regulated in Article 10 paragraph (1) of Law Number 39 of 1999 concerning Human Rights which stipulates that everyone has right to form a family and continue offspring through a legal marriage. Based on provisions in the article it can be understood that to form a family one must first marry. Marriage as an institution that is used to bind humans who are destined in two genders, namely men and women. After the marriage takes place, a family is formed. Marriage is realm of private law which cannot be separated from intervention of state, which in this case is government, on the basis reason that marriage is not just forming a family and continuing offspring, but there are far-reaching consequences for parties bound by marriage and their children born from marriage. Marriage in Indonesia is regulated in Law Number 1 (1974) concerning Marriage which has been amended by Law Number 16 of 2019 (hereinafter referred to as the Marriage Law). Unrecorded marital status does not have binding legal force because it doesn’t have an authentic certificate as proof of validity marriage. As stipulated in Law No.1 of 1974, Government Regulation No.9 of 1975, Permenag No.20 (2019) concerning Marriage Registration and Presidential Decree No.1 of 1991 concerning Compilation of Islamic Law. Status of 'Unrecorded Marriage' on the Family Card to Protect Children and Wife. It is necessary to renew the legal registration of marriages through a contextual approach, so as to provide certainty and legal protection for husbands and wives and children born from a marriage. Socialization is needed so that people realize how important it is to register their marriage even though they have to go through a trial at the Religious Court.
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Selmani-Bakiu, Arta, and MA Julinda Elezi. "Children as Victims of Domestic Violence – Deprivation of Parental Rights according to the Family Law Act of the Republic of North Macedonia and the Family Law Act of Kosovo." SEEU Review 16, no. 1 (June 12, 2021): 30–44. http://dx.doi.org/10.2478/seeur-2021-0003.
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Abstract Domestic violence is one of the most serious forms of violation of basic human freedoms and rights regardless of ethnicity, gender, religion, and status. A reflection on many international statistics shows that women are the most frequent victims of domestic violence. Based on the definition of the phenomenon of domestic violence, the forms of abuse, the manner how violence is treated, the possibility of children, men, extramarital spouses, brothers, sisters, and old people living in an extended domestic community, of also being victims is not excluded. Since domestic violence is not only a national problem but a worldwide problem, international organizations have worked towards the eradication of this phenomenon by sanctioning it in various international conventions. Also, the legal systems of many countries prohibit and sanction domestic violence by special laws obliging the state authorities to act in all situations when there are indications that there are direct or indirect violent acts in a family. In this paper, the authors present only the domestic violence against children as an evident problem in families, but which is often unreported. The legal frameworks of the Republic of North Macedonia and Republic of Kosovo are presented in this paper with the aim to describe the material-legal and procedural-legal treatment of domestic violence by pointing out the failure of the state authorities in implementing the laws on protection and prevention of this phenomenon. The authors take the approach of only treating the legal consequences of child abuse by parents that in both legislations is deprivation of parental rights for the violent parent. They conclude that the state authorities should intensify their work in taking control measures towards all the families where there are suspicions that the parental rights are neglected, and the child is abused. Because many cases of abuse have not been detected or reported, and in both countries a special study especially on domestic violence against children does not exist, the possibility that the number for this type of child abuse is great.
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Adnyani, Ni Ketut Sari, and I. Gusti Ayu Purnamawati. "Pengarusutamaan Gender Krama Istri (Warga Perempuan) dalam Hukum Adat Bali." Pandecta Research Law Journal 15, no. 1 (June 15, 2020): 26–43. http://dx.doi.org/10.15294/pandecta.v15i1.18422.
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Penelitian ini bertujuan menganalisis bahwa hampir 30 persen daerah di Provinsi Bali, seperti di Kabupaten Buleleng belum mencantumkan dalam awig-awid desa adat mengenai kedudukan dan status perempuan sebagai krama istri terhadap perempuan Bali yang mengalami perceraian dari perkawinan campuran. Merespon permasalahan tersebut, dalam melindungi hak perempuan dan kewajibannya sebagai krama desa melalui paruman desa adat dirancang sebuah kebijakan adat. Metode penelitian yang digunakan adalah penelitian yuridis empiris. Pendekatan perundang-undangan, dan pendekatan studi kasus. Perempuan dalam Hukum Adat Bali yang mengalami perceraian dari perkawinan campuran, belum mendapat perlindungan hukum dalam mulih deha dan mewidesa. Adopsi hak-hak perempuan mulih deha selaras dengan Keputusan MDP Nomor: 01/KEP/PSM-3/MDP Bali/X/2010 mengandung unsur responsif gender. Hasil penelitian menunjukkan Permasalahan terkait dengan jaminan perlindungan hukum negara terhadap warga negara yaitu perempuan Bali berkenaan akibat hukum perceraian dari perkawinan campuran. This study aims to analyze that almost 30 percent of regions in Bali Province, such as in the Buleleng Regency have not included in the awig-awid traditional villages regarding the position and status of women as manners of wives towards Balinese women who experience divorce from mixed marriages. Responding to these problems, in protecting the rights of women and their obligations as a village manners through traditional village paruman designed a customary policy. The research method used is empirical juridical research. The statute approach, and the case study approach. Women in Balinese Customary Law who experience divorce from mixed marriages, have not received legal protection in terms of deha and mendidea. Adoption of women’s rights is in harmony with MDP Decree Number: 01 / KEP / PSM-3 / MDP Bali / X / 2010 containing gender responsive elements. The results of the study show that the problem is related to the guarantee of state legal protection for citizens, namely Balinese women due to the divorce law from Mixed Marriage.
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Kraus, Elisabeth K., Lenore Sauer, and Laura Wenzel. "Together or apart? Spousal migration and reunification practices of recent refugees to Germany." Family migration processes in a comparative perspective 31, no. 3-2019 (December 18, 2019): 303–32. http://dx.doi.org/10.3224/zff.v31i3.04.
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This study examines migration and reunification processes among recent male and female refugees from Afghanistan, Iraq, and Syria in Germany. Specifically, we analyse different types of spousal migration practices (joint arrival versus arriving alone) and the probability of reunification with the left-behind partner after one year of geographic separation, and to what extent this is shaped by socio-economic conditions, children, family networks, and the legal situation of married men and women. Using data from the first and second wave of the IAB-BAMF-SOEP Survey of Refugees, collected in 2016 and 2017 in Germany, and applying logistic regression models, we disentangle the heterogeneity of refugees’ migration processes. The results show that couples with minor children are more likely to migrate together compared to childless couples or those with adult children only, and that men and women’s solo migration is associated with the presence of other family members at the destination country. The probability of reunifying with the left-behind partner after one year of separation mainly depends, again, on family networks, with differential effects for men and women. Furthermore, male first-movers’ legal status in Germany is important for a quick reunification with their wives. Our research shows that forced migration in the here studied geographic context is a gendered process and that several characteristics of male migration do not apply to women. Furthermore, conventional explanations for economically motivated migration decisions and patterns must be adapted to the case of forced migration.
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Baluqia, Singgih Hasanul, and Puti Priyana. "PERTIMBANGAN HAKIM TERHADAP PERKARA CERAI GUGAT SUAMI GHAIB DAN AKIBAT HUKUMNYA DI PENGADILAN AGAMA KARAWANG." Yustitia 7, no. 2 (November 8, 2021): 224–35. http://dx.doi.org/10.31943/yustitia.v7i2.131.
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Marriage is a sacred bond between a man and a woman as husband and wife. With the aim of creating a sakinah household, mawaddah wa rahmah. However, in reality there are many incompatibilities that happened between husband and wife in a journey of household, which in the end leads to not achieving the purpose of marriage which ends in divorce. There are many factors that trigger the occurrence of divorce, one of which is the disappearance of one party by leaving the other party without giving news for a long time and resulting in uncertainty about the status of the abandoned marriage. The purpose of this study is to find out and examine how judges consider divorce cases against unseen (ghaib) husbands and their legal consequences at the Karawang Religious Court. Research Methods in this scientific papers using normative juridical research methods. As well as using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to the rights of children and wives in divorce cases against unseen husbands, as well as secondary legal materials such as books. , journals, articles, and other legal doctrines. The results of the research that have been carried out basically in the judge's decision on the divorce case with the unseen husband which is the basis for the judge's consideration is the absence of the defendant whose his existence are unknown, namely the waiting period or iddah for the Plaintiff is set for at least 90 (ninety) days from the verdict has permanent legal force as intended by Article 11 paragraph (1) and paragraph (3) of Act Number 1 of 1974 jo. Article 39 Government Regulation Number 9 of 1975 paragraph (1) letter (b) jo. Article 153 paragraph (2) letter (b) and Article 153 paragraph (4) Compilation of Islamic Law (KHI), and the issuance of a certificate of occultation from the local village.
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Hasan, N. "Marital separation among some poor Bangladeshi women: Analysis of some cases." European Psychiatry 41, S1 (April 2017): s903. http://dx.doi.org/10.1016/j.eurpsy.2017.01.1848.
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ObjectiveThis paper intends to show the challenges faced by poor Bangladeshi Muslim women from lower socioeconomic status, in case of divorce or separation in marriage. Participants will also learn how they earn for their living and how they raise their children if any. This paper will also present the obligations of marriage in Islam, which may reduce the hazards in their life.MethodSome women were interviewed from lower socioeconomic status from slum area of Dhaka. Researcher took their consent before interview had started. They were asked about their age, educational status, duration of marriage, type of work they do for livelihood, whether they get any maintenance money from the husbands in case of separation, expenses for raising children if any, any criticize from the friends and relatives, etc. The answers were noted carefully.ResultsAfter critical analysis of the interview it was revealed that they were leading their lives on their own, most of them were not aware of their rights relating to marriage in Islam. Two of the women had to pay dowry. Some of them were addicted to tobacco leaf taken with betel nut and PAN, a special form of leaf.ConclusionsIn conclusion, it can be said that these women lead their lives with courage. They need to be educated about their marriage rights in Islam and legal help. At a time, men should be educated about the marriage rights of the wives and the evil effects of dowry in the society.Disclosure of interestThe author has not supplied his/her declaration of competing interest.
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Urus, Nur Sarah Tajul, Mus’ab Yusoff, Maffuza Salleh, Rabi’ah Muhammad Serji, and Naziree Mohd Yusof. "Jointly acquired and heritage property in the context of FELDA's new model strategy." Linguistics and Culture Review 5, S4 (December 3, 2021): 2112–31. http://dx.doi.org/10.21744/lingcure.v5ns4.1929.
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The Federal Land Development Authority (FELDA) began its innovative concept when FELDA's New Model Strategy which went through the evolutionary process in its distinctive niche was first launched in 2020. The New Model Strategy has a significant impact on the efforts to determine FELDA's vision and direction in changing the mentality of the settlers and rejuvenating FELDA thus driving the aspect of the integrated use of modern technology, mechanisation, automation and intelligent agriculture. Besides, the implementation of the diversity of crops on farms such as pineapple, young ginger, black turmeric and herbs. FELDA is a Malaysian government agency that addresses the relocation of poor rural people to newly developed areas to improve their economic status. FELDA's original main focus was the opening of smallholder farms for contemporary crops. FELDA settlers' husband works hand-in-hand in sustaining FELDA's aspiration to increase daily household income. Typically, conflicts appear when the death or divorce of FELDA settlers occurs and their wives or heirs made property claims. FELDA land issues were discussed based on the types of land titles in the National Land Code 1965 and legal restrictions in Section 14(2) of the Group Land Act 1960.
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Kicińska, Urszula. "Sources for studying the position of widows in noble families and society in the Polish-Lithuanian Commonwealth. An outline of the problem and research questions." Res Gestae 13 (January 7, 2022): 42–55. http://dx.doi.org/10.24917/24504475.13.3.
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In the Polish-Lithuanian Commonwealth, women played a signifi cant role in both family and social life. An important position was occupied by widows, who – protected by privileges and adequate fi nancial security – had a great impact on the creation of contemporary reality. According to law, in their childhood and early youth, young women were dependent on their fathers or guardians. Once wives, they had to consider opinions of their husbands, who could constrain them in making independent decisions. Only widowhood gave women the opportunity to change their legal and financial status and allowed them to decide about their own fate, manage their family’s policy, undertake economic initiatives, as well as to participate in public, cultural and social life, also by fulfi lling the role of a patroness. The position of widows in the family and noble society in the Polish-Lithuanian Commonwealth can be studied based on a variety of sources. Ego-documents should be considered an exceptionally valuable kind of material where the authors could express their thoughts freely, write frankly about their problems, feelings, troubles and joys of everyday life, and present to the world their experiences and perceptions of reality.
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Khiyaroh, Khiyaroh. "TUJUAN ATURAN POLIGAMI DALAM UNDANG-UNDANG NO. 1 TAHUN 1974 TENTANG PERKAWINAN." USRAH: Jurnal Hukum Keluarga Islam 3, no. 1 (August 18, 2022): 21–30. http://dx.doi.org/10.46773/.v3i1.450.
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Abstrak Kajian ini membahas tentang aturan poligami di dalam atran Undang-Undang No.1 Tahun 1974 tentang Perkawinan. Fokus kajian dalam tulisan yaitu tentang alasan, tujuan dan tingkat ketercapain aturan poligami setelah disahkan dan diberlakukan di Indonesia. Poligami menjadi isu yang selalu diperdebatan dari masa ke-masa. Poligami di Indonesia sudah dilakukan sejak sebelum Indonesia merdeka. Hal ini disebabkan tidak adanya aturan secara tegas yang mengatur tentang perkawinan di Indonesia. Poligami yang dilakukan secara sewenang-wenang menjadikan hak-hak perempuan menjadi terdiskriminasi dan menjadikan anak-anak dan isteri terlantar. Tulisan ini merupakan tulisan hukum normatif dengan pendekatan yang digunakan yaitu pendekatan historis untuk mengetahui nilai-nilai sejarah yang menjadi latar belakang terbentuknya aturan Undang-Undang perkawinan. Sehingga dengan mengetahui latar belakang atau alasan dibuatnya aturan tentang poligami diharapkan dapat meminimalisir kasus-kasus yang terjadi dalam keluarga dan salah satunya yaitu poligami. Tulisan ini menggunakan teori perlindungan hukum dengan tujuan dapat menjawab rumusan masalah berupa tujuan dari adanya aturan poligami. Dengan adanya aturan tentang poligami dalam Undang-Undang perkawinan diharapkan dapat meningkatkan status wanita dengan melindungi hak-hak isteri dalam keluarga. Selain itu untuk mempertegas aturan poligami sehingga poligami tidak dilaksanakan secara sewenang-wenang. Kata Kunci : Aturan, Poligami, Tujuan. AbstracThis study discusses the rules of polygamy in the rules of Law No. 1 of 1974 concerning Marriage. The focus of the study in writing is about the reasons, objectives and the level of achievement of the rules of polygamy after being passed and enforced in Indonesia. Polygamy is an issue that has always been debated from time to time. Polygamy in Indonesia has been carried out since before Indonesia's independence. This is due to the absence of explicit rules governing marriage in Indonesia. Polygamy which is carried out arbitrarily makes women's rights discriminated and leaves children and wives neglected. This paper is a normative legal writing with the approach used, namely the historical approach to find out the historical values that are the background of the formation of the marriage law rules. So that by knowing the background or reasons for making rules about polygamy is expected to minimize the cases that occur in the family and one of them is polygamy. This paper uses the theory of legal protection with the aim of answering the formulation of the problem in the form of the objective of the existence of polygamy rules. With the existence of regulations on polygamy in the Marriage Law it is expected to improve the status of women by protecting the rights of wives in the family. In addition to emphasizing the rules of polygamy so that polygamy is not carried out arbitrarily. Keywords: Rules Polygamy, Purpose,
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Umar Faruq. "Tinjauan Yuridis Terhadap Perkawinan di Bawah Umur dalam Undang-Undang no 1 tahun 1974 dan Kaitannya dengan Hukum Islam." Al Fuadiy : Jurnal Hukum Keluarga Islam 4, no. 1 (June 24, 2022): 36–49. http://dx.doi.org/10.55606/af.v4i1.15.
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Article 1 of Law Number 1 of 1974 states that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on God Almighty. Based on the provisions of Article 2 paragraph (1) which states that a marriage is valid if it is carried out according to the law of each religion and belief. And the provisions of Article 7 paragraph (1) Marriage is only permitted if the man reaches the age of 19 (nineteen) years and the woman has reached the age of 16 (sixteen) years. As for the problem in this thesis, what is the view of Law Number 1 of 1974 and Islamic law on underage marriages and the legal consequences if a marriage is still carried out according to the provisions of Law Number 1 of 1974 and the provisions of Islamic law. And what efforts must be made so that a marriage that is still underage becomes legal according to law. The research in this thesis was carried out using the Library Research method or library research by studying the legislation on a number of books, writings and scientific works related to the material discussed in this thesis. According to the provisions of Law Number 1 of 1974 that a marriage is considered valid if carried out according to their religion and belief and reach the age limit that has been determined in the Marriage Law. On the other hand, according to Islamic law, a marriage that has fulfilled the pillars and conditions of marriage is considered a valid marriage even though it does not reach the age limit specified in the law so that the legal consequences are the same as marriages in general. Therefore, the marriage is not valid according to positive law, then the marriage has no legal consequences, but there is an impact of underage marriage on the status of children and wives. That is in terms of inheritance and child recognition
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Murphy, Gretchen. "New Women in the New Pacific: Japanese–American Romances in the Context of U.S. Empire." Prospects 29 (October 2005): 395–418. http://dx.doi.org/10.1017/s0361233300001812.
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In the title of a 1903 American Journal of Sociology essay, Ernest W. Clement announces a new phenomenon: “The New Woman in Japan.” By this title, he quickly explains, he does not mean to satirically compare this Japanese sociological development to the American “parody of man” usually associated with the phrase, because “such a creature as that called the ‘new woman’ in the Occident has not yet appeared to any great extent among the Japanese.” Although sometimes in Japan “the process of the new woman's evolution may be disfigured by some accident” producing “a sickening sort of person,” Clement's interest is not in particular aberrations, but rather in “the abstract, legal new woman” created by recent changes in Japan's civil code. In this abstraction Clement sees improvement on previous Japanese laws that “relegat[ed] woman to an abnormally inferior position.” Clement thus assures readers that, although Japan's modernization hinges upon its women's legal and cultural status, female advancement in Japan will not approach the “abnormal” excesses of the United States. Quoting Alice Mabel Bacon's influential book Japanese Girls and Women to stress this point, Clement explains that Japanese men are adopting many Western habits and opinions, but they still “shrink aghast, in many cases, at the thought that their women may ever become the forward, self-assertive, half-masculine women of the West.” Yet still, many of these Japanese men express “a growing dissatisfaction with the smallness and narrowness of the lives of their wives and daughters — a growing belief that better educated women make better homes.”
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Videnović, Milan, and Miroslav Pešić. "THE REPORTS OF THE DAILY NEWSPAPER “POLITIKA” ABOUT THE SITUATION IN BOSNIA AND HERZEGOVINA PRECEDING THE ANNEXATION CRISIS OF 1908." MEDIA STUDIES AND APPLIED ETHICS 3, no. 1 (March 11, 2021): 7–21. http://dx.doi.org/10.46630/msae.1.2021.01.
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In this paper, the writings of the daily newspaper “Politika” regarding the events preceding the Annexation Crisis were analyzed. The political situation in Bosnia and Herzegovina at the beginning of the XX century was extremely complex and tense. Combined with the already complicated international circumstances, a favorable environment was created for one of the greatest political crises in Europe at the time. The period between the Young Turk Revolution and the Annexation Crisis was characterized by the attempts of Serbs from Bosnia and Herzegovina to resolve legally the question of Bosnia and Herzegovina without changing the state and legal status of the territory, as well as by the attempts by Austria-Hungary to integrate Bosnia and Herzegovina into its state structure. Austria-Hungary annexed Bosnia and Herzegovina and thus abused its mandate for occupying Bosnia and Herzegovina, which was provided by the Treaty of Berlin from 1878. The preparations for the annexation of Bosnia and Herzegovina were covered by the correspondents of “Politika”, who informed the Serbian public about it. The articles published in “Politika” at the time are invaluable for obtaining an accurate picture of the state of affairs at the time, as well as of a reign of terror that the Austro-Hungarian rule imposed in Bosnia and Herzegovina.
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Schmidt, Susan. "Child Maltreatment & Child Migration: Abuse Disclosures by Central American and Mexican Unaccompanied Migrant Children." Journal on Migration and Human Security 10, no. 1 (February 23, 2022): 77–92. http://dx.doi.org/10.1177/23315024221078951.
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While gang violence, community violence, and domestic violence have been recognized as contributing factors to Central American migration, less is known about the intersection between child maltreatment and migration. This article uses secondary data from United Nations High Commissioner for Refugees (UNHCR) interviews with unaccompanied minors from Central America and Mexico to examine child maltreatment. It provides information on the abused children, their abusers, and the questions that led to their disclosure of maltreatment. It finds that girls reported maltreatment at higher rates than boys; only girls in this sample reported sexual abuse and intimate partner violence; and boys experienced physical abuse more than any other form of maltreatment. Overall, girls experienced all forms of abuse at higher rate than boys. Fewer than half of this sample described maltreatment as an explicit reason for migration, even those who viewed it as a type of suffering, harm or danger. In addition, some disclosures suggest that childhood transitions, such as in housing, schooling, or work status, warrant further inquiry as a potential consequence of or contributor to maltreatment. The article recommends that professionals engaged with migrant children in social services, legal services, or migration protection and status adjudications should inquire about maltreatment, recognizing that children may reveal abuse in complex and indirect ways. Protection risks within the home or family environment may provide the grounds for US legal immigration protections, such as Special Immigrant Juvenile Status (SIJS) or asylum. Practitioners working with unaccompanied migrant children should use varied approaches to inquire about home country maltreatment experiences. Maltreatment may be part of the context of child migration, whether or not it is explicitly mentioned by children as a reason for migration. Policy Recommendations US Citizenship and Immigration Services (USCIS) should update SIJS regulations to reflect changes in the law, and modify application procedures to incorporate research knowledge on the impact of trauma on children. The US Departments of Homeland Security (DHS), Justice (DOJ), and Health and Human Services (HHS), should ensure that all children in immigration proceedings receive legal representation through public-private partnerships overseen by the HHS Office of Refugee Resettlement (ORR). Passage of Senate Bill 3108, the Fair Day in Court for Kids Act of 2021, 1 would at least guarantee legal representation for unaccompanied minors. Codify legal standards (via USCIS regulation, or Congressional statute) for granting asylum based on gender and gender-based violence, and include standards for children and youth. Adjudicators from USCIS, Asylum Offices, and the Executive Office for Immigration Review (EOIR) should consider new information about painful, traumatic, or shame-inducing experiences—such as child maltreatment—as part of the gradual process of disclosure, rather than negatively reflecting on the credibility of the applicant. Federal agencies with immigration responsibilities such as USCIS, Immigration and Customs Enforcement (ICE), and ORR, should be included in the federal government’s Substance Abuse and Mental Health Services Administration’s (SAMHSA) Interagency Task Force for Trauma-Informed Care. These agencies should require new trainings for immigration adjudicators, including immigration judges, asylum officers, Border Patrol agents, and Customs and Border Patrol (CBP) officers, on interviewing and making decisions related to children. Legal service providers should adopt a holistic approach to service provision that includes social workers as part of the child’s legal team.
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Safiuddin, Safiuddin, Muhammad Akbar, and Muhammad Syarif Hasyim. "Analysis the Fulfilment of Physical and Psychological Needs of Convicted Criminal From An Islamic Law Perspective." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 2, no. 1 (August 1, 2020): 49–62. http://dx.doi.org/10.24239/ijcils.vol2.iss1.14.
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This study discusses the implementation of conditional leave (CL) in fulfilling prisoners' physical and phsychological need of prisoners from Islamic law perspectives. This study used qualitative method with data collection techniques through observation, indepth-interviews and written material analysis. Data was analysed through data reduction, presentation, verification, and drawing conclusions. The results of the study show that obligatory livelihoods for husbands with prisoner status was fulfilled through the efforts made by inmates such as a business that is still moving and producing that can be used by the wife to meet needs. Less implemented, this is based on the still potential of prisoners to provide for their wives needs through the provision of relatives even though the fulfillment of the quality of living needs is not optimal. While the fulfillment of the psychological needs supported by inmates, namely giving love, education, and distribution of sexual desires, in the form of face-to-face and joking with his wife, while channeling sexual desires in the effort to fulfill the inner living is rarely done except for prisoners getting conditional leave (CL) ). The livelihood of the husband who is undergoing a period of punishment is not contrary to Islamic law, although on one hand the status remains as a family head who has obligations that must be fulfilled. Islam views this with three legal stipulations, the first is the obligation to make a living, the second is the obligation to earn a living and the third is the obligation to make a living fall.
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Lee, Ki Ok. "A Critical Review on the Case that Has Acknowledged Abuse of Prosecutorial Right." Korean Association of Criminal Procedure Law 14, no. 2 (June 30, 2022): 167–92. http://dx.doi.org/10.34222/kdps.2022.14.2.167.
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For the first time in its history, the Supreme Court handed down a decision recognizing the abuse of prosecutorial power. This case affirmed the holding of the original court’s decision of dismissing a criminal complaint for abuse of prosecutorial right. The Court held that the prosecutor abused its right of prosecution by arbitrarily exercising the same and that the defendant clearly suffered a substantial harm as a consequence. The Court determined that, in such a situation, there was a grave deviation from the standard governing the discretionary right of prosecution. This research attempts to review the elements needed to establish a case of prosecutorial abuse as identified by the Court and to determine whether the ultimate holding approving the dismissal of the criminal complaint is legally sound, by discussing and reviewing prior researches and discussions by legal scholars. The paper initially looks at the status of a prosecutor under the criminal procedure law. It also briefly reviews the nature and the significance of the Right of Prosecution. With respect to the abuse issue, the paper will evaluate the soundness of the case at issue, limiting the discussion to the elements articulated by the Court and the legal effects thereto. The paper then suggests the following. In order to have a reasonable check on the abuse of prosecutorial right by the prosecutors, we need to introduce the system of Compulsory Prosecution. However, rather than adopt the system all at once for every crime, the paper proposes that we initially introduce the system for the crimes covered by the prosecutorial jurisdiction of the High-ranking Officials Criminal Investigation Office. And then, after analyzing the results of the cases from the High-ranking Officials Criminal Investigation Office, we shall consider introducing the system for all the crimes.
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Ibanga, Grace Itoro. "Feminism and human rights in Utoh-Ezeajugh’s Our Wives Have Gone Mad Again and Femi Osofisan’s Yungba-Yungba and the Dance Contest." EJOTMAS: Ekpoma Journal of Theatre and Media Arts 7, no. 1-2 (April 15, 2020): 169–89. http://dx.doi.org/10.4314/ejotmas.v7i1-2.11.
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This paper examines the concept of feminism and human rights as captured in Tracie Utoh-Ezeajugh’s Our Wives Have Gone Mad Again and Femi Osofisan’s Yungba-Yungba and the Dance Contest. Feminism is a reaction by the womenfolk to societal misrepresentation whereby patriarchy classifies women as docile, passive, men-haters, witches, etc. Feminism is the clamouring of women’s rights on the platform of equality of sexes. It is an intellectual or political movement with a driving force for the recognition of the legal claims of women to their rights as are available in their societies; which are predominately enjoyed by men alone. Feminism purposes to investigate the nature of gender inequality. The term “gender” is an aspect of the collective unconscious of a complex human experience. It is an archetypal element that demands rituals, sex, aggression, social status gender affects power and authority. It is unsurprising; therefore, that patriarchy employs power and authority to dominate over women. This is because men believe they are the lords umpiring over the use of woman. And that is why feminism portrays women’s and men’s social functions, challenges, experience, interest and feminist politics in different fields of study as anthropology and sociology, communication, media studies, psychoanalysis, home economics, literature and education.
Keywords: Feminism, Human rights, Sexual objectification, Patriarchy, Womenfolk
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Agege, Emmanuel A., Ezekiel Uba Nwose, and Stella Odjimogho. "Parents’ perception on factors of early marriage among the Urhobos in Delta State of Nigeria." International Journal Of Community Medicine And Public Health 5, no. 2 (January 24, 2018): 411. http://dx.doi.org/10.18203/2394-6040.ijcmph20180213.
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Early marriage forces girls into adulthood before they are emotionally and physically matured, and it has harmful effects on their health, educational, economic and social development. In many countries, 18 years is the legal age of marriage and Nigeria has made a constitutional effort to establish same as a minimum age for marriage. This narrative review examined the causes and consequences of early marriage with a view to establish framework to assess the perception on factors among Urhobos in Nigeria. Unpublished stories are appraised alongside news media and published literature to illustrate scenarios that exemplify discussed causes. Several causes of early marriage were noted and gender discrimination, ignorance, and unexpected pregnancy appear salient or are under-discussed. There is evidence that men and women prefer husbands to earn higher wages than wives and females are less ambitious. Although there are public health concerns in the literature, data on perception of parents, especially those in low socioeconomic status, regarding public health is lacking. Critical appraisal posits that early marriage is not only shrouded in legalities, but is also caused by multiple factors. The factors that cause or lead to early marriages need to be identified for each society to appropriately address the associated ramifications. The lack of data on perception of parents suggests that educational intervention needs to start with community needs assessment.
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Supraptiningsih, Umi. "Perlindungan Hukum Anak dan Istri dalam Perkawinan Siri di Kecamatan Proppo Kabupaten Pamekasan." AL-IHKAM: Jurnal Hukum & Pranata Sosial 12, no. 2 (January 10, 2018): 248–71. http://dx.doi.org/10.19105/al-lhkam.v12i2.1479.
Full textAbstract:
Dalam rangka untuk mempertahankan dan memenuhi kebutuhan dan kelangsungan hidupnya, perempuan bersedia untuk menjadi isteri kedua atau ketiga bahkan keempat dengan status perkawinan siri. Mereka sadar dan paham bahwa perkawinan yang dilakukan secara siri mempunyai konsekwensi dan resiko terhadap diri dan keturunannya. Perempuan hanyalah membutuhkan jaminan untuk kelangsungan hidupnya dan keturunannya. Peristiwa semacam ini sudah menjadi hal yang umum dan biasa terjadi pada masyarakat pedesaan di Kecamatan Proppo Kabupaten Pamekasan. Mereka hanya memahami bahwa inilah kehidupan rumah tangga yang harus dilakukan untuk meneruskan kehidupan dan keberlangsungan keturunannya. Tanpa memikirkan bagaimana dengan hak-hak mereka serta keturunannya. Masa depan keturunannya yang tentunya sangat panjang sering terabaikan, karena mereka hanya memikirkan ketercukupan sesaat. Perlindungan hukum terhadap anak serta perempuan yang dipoligami dan dinikahi siri, tidak diperoleh baik perlindungan dalam bidang administrasi, perdata maupun pidana.(In order to maintain and meet the needs and survival, women are willing to become second or third wives even fourth series marital status. They are aware and understand that marriage is done siri have consequences and risks to themselves and their offspring. Women just need a guarantee of survival and offspring. The events of this kind have become commonplace and are common in rural communities in subdistrict Proppo of Pamekasan. They just understand that this is the home life should be made to continue the life and the sustainability of the offspring. Without thinking about what their rights as well as their descendants. The future is certainly very long offspring often overlooked because they only think about the adequacy moment. Legal protection of children and women of polygamy and married siri, not gained both protection in the field of administrative, civil and criminal)