Dissertations / Theses: 'Marriage law'

1

Carda, Jeanelle Marie. "Wiccan Marriage and American Marriage Law: Interactions." Digital Archive @ GSU, 2008. http://digitalarchive.gsu.edu/rs_theses/17.

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This project considers the ways in which Wiccan marriage and American marriage law interact with each other. The thesis examines certain aspects of the history of 20th-century American marriage law, the concurrent development of contemporary marriage ritual in Wicca, developing problems in this area, and possible solutions. In particular, the project focuses on the recognition of religious groups and their officials as they are authorized by state and federal law to perform marriages and how this process has affected Wiccan ritual.

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Carda, Jeanelle. "Wiccan marriage and American marriage law Interactions /." unrestricted, 2008. http://etd.gsu.edu/theses/available/etd-11192008-103902/.

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Thesis (M.A.)--Georgia State University, 2008.
Title from file title page. Timothy Renick, committee chair ; Kathryn McClymond, Jonathan Herman, committee members. Electronic text (58 p.) : digital, PDF file. Description based on contents viewed Oct. 19, 2009. Includes bibliographical references (p. 50-58).

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Ali, Anjum Ashraf. "Child marriage in Islamic law." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31082.

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This thesis examines the custom of child marriage in Islamic law and its practice in Muslim society. It also gives an overview of the history of child marriage from ancient to modern times. The focus of this research is the status of child marriage in the modern Muslim world as a continuation of ancient tradition and the role historical interpretations of Islamic law play in its perpetuation.
Child marriage was once a globally accepted and practiced phenomenon. Over the centuries its practice has diminished considerably. Today, although child marriage is viewed as an offensive act and discouraged by the majority of governments around the world, it continues to exist to a significant extent in most parts of the Muslim world. Those Muslim communities which persist in condoning and practicing child marriage are not only affected by cultural traditions but also by their form of understanding of Islamic law. This particular understanding is mostly informed by local religious leaders within their communities who base their justifications on medieval perspectives and interpretations of what constitutes divine law.
It is no coincidence, however, that child marriage is restricted to the impoverished, uneducated and rural sectors of society; people who have little choice in deciding their futures and due to harsh and straitened circumstances find it difficult to see any other alternatives.

4

Giurgi, Eduard. "A comparative exposition of dolus in the marriage law of the 1983 Code of canon law and the Romanian Orthodox Code of canon law." Theological Research Exchange Network (TREN), 2007. http://www.tren.com/search.cfm?p029-0691.

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Manjikian, Sevak. "Islamic Law in Canada: Marriage and Divorce." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102836.

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Islamic Law in Canada: Marriage and Divorce provides an analysis of how Canadian society and the Canadian judicial system have responded to the use of the Shari'a to resolve issues relating to Islamic marriage and divorce in Canada. This dissertation explores two instances where Canadian society has been forced to address the role of the Shari'a in Canada and its interaction with Canadian laws and values. The first involves the debate that took place in Ontario over the last decade concerning the use of Islamic arbitration in family matters. This public debate ultimately led to the rejection of faith-based arbitration in that province, a decision apparently consistent with traditional Canadian attitudes towards multiculturalism. The second area of interaction between Canadian and Islamic law is within the Canadian court system itself. In particular, Canadian judges are occasionally required to grapple with Islamic family law issues when rendering judgments on certain cases that appear before them. This dissertation will examine a number of such cases in order to illustrate how the Shari'a has been addressed by Canadian judges. The overall aim of this work is to situate Islamic law within Canada's liberal framework. It is argued that although Canadians are amenable to certain levels of diversity, values that fall outside mainstream liberalism are not granted recognition. This dissertation will also demonstrate that the failure to legitimize Islamic arbitration represents a lost opportunity that would have broadened the scope of Canadian justice to include minority voices. The decision to reject faith-based arbitration will motivate some Muslims to seek justice from ad-hoc bodies of authority. Devoid of government oversight, these forms of underground Islamic justice may negatively affect certain members of Canada's Muslim community.

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Mair, S. M. Jane. "Marriage, property and law : an uneasy alliance." Thesis, University of Edinburgh, 1992. http://hdl.handle.net/1842/19976.

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The aim of this thesis is a study of relations between marriage, property and law. It looks at the legal relationship of marriage, the form and nature of matrimonial property and the rules of Scots law as they apply to the property of husband and wife. The study falls into three parts. In Part I there are three histories. Historical changes in Scots law, in marriage and in property are traced through the accounts of legal and philosophical writers and through the historical account of marriage presented by L. Stone in The Family, Sex and Marriage in England 1500-1800. Part I presents isolated historical accounts of change in each of the three elements of law, marriage and property. In Part II, the patterns of change that emerge from these histories are questioned. It is argued that presentations of change in isolation may create an image or perception of change which can give rise to unfulfilled expectations. The term 'image' is intended to convey the possibility of illusion, a false or misleading picture. The dominant image of change has three characteristics: the disappearance of property from marriage and its replacement with affect, an increasing emphasis on privacy and a split from the public and an increasing emphasis on individualism rather than community. These trends can be discovered in the historical accounts of each of the elements of marriage, property and law. In Part III these emerging images of change are used to analyse specific points of interaction between marriage, property and law. The aim of this study is to consider how an image has arisen of marriage and its relations with property and law, to assess what contribution this image has made to the confusion which seems to surround the relations between marriage, property and law and to explore how this confusion is reflected in Scots law.

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Lau, Wing-kai Anthony. "Banquets and Bouquets : social and legal marriage in colonial Hong Kong 1841-1994 /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B18565360.

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Lind, Göran. "Common law marriage : a legal institution for cohabitation /." New York [u.a.] : Oxford Univ. Press, 2008. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016728851&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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9

Edgerly-Dowd, Tammy L. "A study of the requisite knowledge for marriage a comparison between the 1917 and 1983 Codes of canon law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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10

Casseus, Guy. "Ends of marriage a comparison of the 1917 and the 1983 codes /." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.

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11

Mwambene, Lea. "Divorce in matrilineal customary law marriage in Malawi: a comparative analysis with the patrilineal customary law marriage in South Africa." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, how proceedings are done, how issues of property are handled, how the issue of custody of children and maintenance are also handled. All this was weighed against the constitutional provisions and international law.

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Oïffer-Bomsel, Alicia. "Etude des aspects doctrinaux du mariage catholique après le concile de Trente et des litiges matrimoniaux en Andalousie fiançailles, nullité de mariage et divorce, XVIe-XVIIe siècle : l'intervention de l'Eglise à travers les officialités /." Villeneuve-d'Ascq : Presses universitaires du Septentrion, 2001. http://books.google.com/books?id=WfPYAAAAMAAJ.

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Cleary, William Michael. "The pastor's canonical responsibility for marriage." Theological Research Exchange Network (TREN), 1989. http://www.tren.com.

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Rodi, Thomas J. "A comparison of the form of marriage required by the canon law of the Roman Catholic Church and the civil law of the state of Louisiana." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.

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Considine, Brendan. "The relevance of the law of California to preparing a marriage in the Roman Catholic Church." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.

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Ward, John Benjamin. "A comparative study of the impediments to marriage of the canon law of the Latin rite of the Roman Catholic Church and the law of the state of Maryland." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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17

Firmin, Daniel. "Error iuris concerning sacramental dignity (Canon 1099) and its effect on the marriage between two Southern Baptists." Theological Research Exchange Network (TREN), 2007. http://www.tren.com/search.cfm?p029-0707.

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Lewis, Michael George. "A canonical response to common law unions or "faithful concubinage"." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Minehan, Michael P. "The nature of the sacrament of marriage according to the Latin and Eastern codes." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Gil, J. Fernando. "The form of marriage in the code of canon law and the code of canons of the Eastern Churches." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Bose, Feler. "Evolutionary impulses in law." Fairfax, VA : George Mason University, 2007. http://hdl.handle.net/1920/2986.

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Thesis (Ph. D.)--George Mason University, 2007.
Title from PDF t.p. (viewed Jan. 17, 2008). Thesis directors: Charles K. Rowley, Duncan Black. Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Economics. Vita: p. 206. Includes bibliographical references (p. 201-203). Also available in print.

22

Priebe, Sarah. "LAW, GRACE AND SAME-SEX MARRIAGE : Canadian Lutheran Perspectives." Thesis, Université Laval, 2011. http://www.theses.ulaval.ca/2011/28275/28275.pdf.

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23

Abraham, Joseph C. "The effect of reverential fear on the consent in an arranged marriage with a special reference to the practice in Kerala, India /." Theological Research Exchange Network (TREN) Access this title online, 2005. http://www.tren.com.

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Carnago, William J. "The marriages of Catholics and Muslims issues of concern /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Sutton, ST. "The extra-ordinary form of marriage an anomaly found in the Code of canons of the Eastern Churches /." Online full text .pdf document, available to Fuller patrons only, 2004. http://www.tren.com.

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Mugisha, Julius P. K. "Recognition of common-law spousal relationships in Canadian family law." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80943.

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Common-law spousal relationships have become increasingly common with a growing number of Canadians electing to enter into them. This thesis appreciates the injustices suffered by common-law spouses during and at the termination of their spousal relationships, and reinforces the view that the denial of marital property benefits dishonors the dignity of common-law spouses. Common-law spouses experience similar needs as their married counterparts when the relationship ends. Most of the current functions of marriage can be fulfilled within common-law spousal relationships and should more appropriately be called functions of the family.
Both Canadian courts and the legislatures have acknowledged and responded to the injustices that often flow from power imbalances in unmarried persons' families and have thereby given increased recognition to common-law spousal relationships. They have taken stock of the fact that by not recognizing the rights of common-law spouses in Canada on the basis of their marital status is an affront to justice. Legislatures have also enacted various statutes and have amended existing ones to extend certain rights to common-law spouses.
The various ways in which the rights of common-law spouses have been recognized in Canada will be examined and discussed, in particular the remedial notion of constructive trust which is imposed by courts to prevent injustice and unjust enrichment. It is argued this notion of constructive trust has proven effective, especially in cases where property is being divided after a long-term intimate relationship. Common-law spouses have advanced constitutional challenges in their quest to benefit from marital benefits and protections in their relationships since it is argued that both relationships are functionally the same.
Finally, this thesis suggests lessons that can be learned from the Canadian developments of recognizing common-law spouses. It also concludes by examining similar developments that have taken place in other countries of Europe and Africa.

27

Brown, John Joseph. "The evolution of the pre-nuptial promises in mixed marriages from the 1917 code to the new code." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Weber, Katharine Sprague. "The practise of defending the bond in first instance matrimonial trials in the year 2002 based on a survey of metropolitan tribunals in the United States of America /." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.

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Dass, Joseph. "Bonum coniugum as the end and essential element of marriage." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Donovan, John P. "The interpretation of dolus in canon 1098." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Luyet, Gregory Thomas. "Canon 1099 a determining error regarding matrimonial indissolubility /." Online full text .pdf document, available to Fuller patrons only, 2000. http://www.tren.com.

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32

Nguyen, Hoa Van. "The dissolution of marriage in favor of the faith." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.

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33

Dwairi, Orwah. "Determining the minimum legal age for marriage in Islamic Fiqh with a focus on its impact on young married women's rights : a case study of Family Law No 36 of 2010 in Jordan." Thesis, University of Aberdeen, 2015. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=226815.

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The present thesis has been designed to discuss how the minimum age for marriage has been determined in Islamic Fiqh with a focus on the case study of the Family Law No 36 of 2010 in Jordan. It is the contention of the present researcher that the marriage of minors cannot comply with the guidance of both the Holy Quran and Hadith because neither specified a clear cut minimum age for marriage. A considerable confusion exists among Muslim scholars regarding the determination of the minimum age for marriage leading to the prevalence of child marriage in some Muslim societies. This confusion has arisen when Muslim scholars have sought to derive the minimum age for marriage from de – contextualised verses of the Holy Quran and texts of the Hadith that refer to the physical and natural symptoms of puberty and encourage both young men and women to marry at an early age. In order to fully examine such a problematic issue, identify the root causes lying behind it and, hopefully make a contribution towards solving it, the present study has sought to jurisprudentially contextualise such an issue within the Islamic Fiqh. The researcher has argued that determining the appropriate age for marriage based on the original context of pertinent verses of the Holy Quran and texts of the Hadith as well as the international criteria for human rights is the sole legal guarantee that safeguards the right of women to express their full and free consent to marriage.

34

Pothier, Glen J. "The exclusion of sacramentality in marriage the baptized non-believer as minister and recipient of the sacrament /." Online full text .pdf document, available to Fuller patrons only, 2000. http://www.tren.com.

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Dermond, John Kenneth. "Canon 1095.2 lack of discretion of judgment in rotal decisions under the 1983 Code of canon law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Sjösvärd, Eira. "Legal Approaches to Child Marriage Concluded Abroad : A Comparison between Swedish Private International Law and English and Scottish Private International Law on Child Marriage." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-431944.

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Houston, David. "Rethinking marriage : Vermont's Civil Union Bill." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32917.

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On April 26, 2000, Governor Howard Dean of the State of Vermont signed into law the Civil Union bill. The first of its kind in the United States, it extended the rights of marriage to same-sex couples. Holding that the rights of homosexual couples flowed from the Common Benefits clause of the State Constitution, this bill was the result of a contentious judicial and legislative process. Preceding as it did the state and national election contests later in the year, the Civil Union law generated anger, discord, elation and fear. In the year following its passage, Vermonters came to terms with this bill in many ways. This study considers the antecedents and the consequences of this bill.

38

Heynis, Jessica Ann. "Law and disorder : a contractual view of marriage and divorce." Thesis, University of Cambridge, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.614707.

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Hull, Kathleen E. "Same-sex marriage : the cultural politics of love and law /." Cambridge : Cambridge university press, 2006. http://catalogue.bnf.fr/ark:/12148/cb40117896m.

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Fehlberg, Belinda. "Securities and guarantees : another perspective on money and marriage." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260698.

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41

Servinsky, Michael E. "A study of simulation in canon 1101 in light of recent British authors and jurisprudence." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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42

Kallikkattukudy, Joy Paul. "Fraud and nullity of marriage in canon law and Indian civil law: A comparative analysis." Thesis, University of Ottawa (Canada), 2004. http://hdl.handle.net/10393/29123.

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The mutual recognition and acceptance of canon law and civil law have generated interesting debates through the centuries. This is particularly true since the Second Vatican Council called for a new way of thinking on matters pertaining to our religious way of life and on our relationship with other peoples and nations. As a result many pastorally important issues have surfaced. One of these is the possibility for the Church of recognizing and accepting a legitimate decision of the nullity of a marriage by a civil court. India, a secular country by constitution, accommodates many religions. The State recognizes the laws of all religious groups and acknowledges them as Personal Civil Laws, such as Indian Christian Marriage Act of 1872 and the Indian Divorce Act of 1869, governing matters such as marriage, succession, and divorce. Therefore, when carrying out any action which has consequences in civil law, every person is expected to observe his/her applicable personal civil law. According to the Church's teaching, marriage is indissoluble. However, the Church provides for a declaration of invalidity under strict conditions. A close examination of the ecclesial and civil laws indicates that, in order to protect the sacredness of this institution and to prevent invalid marriages, both systems have established a number of impediments and defects of consent which invalidate marriage ab initio. While Indian civil courts do not recognize the declarations of nullity granted by an ecclesiastical court, the Church does not accept a civil decree of nullity or of divorce. This particular confrontation between the two systems of laws naturally results in undue pain, tension and financial burdens for the persons involved. Therefore, we ask the question: Is it possible for the Church formally to accept a legitimately issued civil decree of nullity and allow the parties to marry in accordance with the norms of canon law without submitting them to a fresh new canonical trial? This question defines the hypothesis of our dissertation. Our study has demonstrated that there is substantial agreement between canon law and Indian civil law on several substantive aspects of marriage. For example, both hold that the right to marriage is a natural right of every human being. Both have established impediments in order to protect the social institution of marriage from being contracted invalidly. Both systems also recognize the invalidating effect of deceit. Once it is proven with moral certainty, or beyond reasonable doubt, that one party was deceitful in obtaining the consent of the other, both systems of law consider the marriage null and void. Therefore, at least in the case scenario discussed in our study, the Church can formally recognize and accept a civil declaration of invalidity of a marriage and declare the parties involved free to enter upon a new canonical marriage according to the norms of canon law. We maintain that this conclusion, mutatis mutandis, can be applied also to other similar hypotheses.

43

Butler, Mary Elizabeth. "Psychological incapacity for marriage and the survivor of incest." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Krupp, Heidi J. "Development and interpretation of Canon 1135." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p029-0653.

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Pautler, Mark F. "The impediment of ligamen in multiple marriages." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Herbert, G. Paul. "The proposed marriage preparation guidelines of the Archdiocese of Washington, D.C. in the light of the 1983 code." Theological Research Exchange Network (TREN), 1992. http://www.tren.com.

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Schardt, William B. "Procedural capacity in marriage nullity cases developments in the revised Code of canon law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Jorgensen, Gerald Thomas. "Impact of culture on marriage a psychological perspective and canonical implications /." Theological Research Exchange Network (TREN), 1998. http://www.tren.com.

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Pilon, Daniel J. "The pre-marriage guidelines of the diocese of Fargo in the light of the 1983 Code of canon law." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.

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50

Gaffney, Francis John Paul. "The New Jersey common policy on marriage preparation in light of the 1983 Code." Theological Research Exchange Network (TREN), 1989. http://www.tren.com.

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Dissertations / Theses on the topic 'Marriage law'

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