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Статті в журналах з теми "Family law; women; superannuation"

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Автор: Grafiati

Опубліковано: 10 грудня 2022

Оновлено: 29 січня 2023

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1

Therese, Macdermott. "Linking Gender and Superannuation." International Journal of Discrimination and the Law 2, no. 4 (September 1997): 271–97. http://dx.doi.org/10.1177/135822919700200403.

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The purpose of this article is to examine the failure of the existing legal and regulatory framework of superannuation in Australia to recognise and address sources of systemic and structural inequality for women, which are reflected in current superannuation entitlements. The article seeks to explain why anti-discrimination procedures have not been adequate to remedy these inequalities, and analyses the treatment of women's paid and unpaid work within the current framework. The article ultimately seeks to identify superannuation law and policy as a further manifestation of the prevailing formalistic concept of equality which perpetuates gender inequality.

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2

Rao, Nina, and Archana Parashar. "Women and Family Law Reform." Social Scientist 20, no. 11 (November 1992): 67. http://dx.doi.org/10.2307/3517784.

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3

Esposito, John L. "Women in Muslim Family Law." Verfassung in Recht und Übersee 18, no. 1 (1985): 78–82. http://dx.doi.org/10.5771/0506-7286-1985-1-78.

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4

Saraceno, Chiara. "Women, Family, and the Law, 1750-1942." Journal of Family History 15, no. 1 (March 1990): 427–42. http://dx.doi.org/10.1177/036319909001500124.

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5

Saraceno, Chiara. "Women, Family, and the Law, 1750-1942." Journal of Family History 15, no. 4 (October 1990): 427–42. http://dx.doi.org/10.1177/036319909001500404.

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6

Spectorsky, Susan. "Women, Family, and Gender in Islamic Law." Islamic Law and Society 17, no. 2 (2010): 286–88. http://dx.doi.org/10.1163/092893810x504047.

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7

Camara, Fatou K. "Women and the Law: A Critique of Senegalese Family Law." Social Identities 13, no. 6 (November 2007): 787–800. http://dx.doi.org/10.1080/13504630701696542.

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8

Chekir, Hafidha. "Women, the law, and the family in Tunisia." Gender & Development 4, no. 2 (June 1996): 43–46. http://dx.doi.org/10.1080/741922011.

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9

Critelli, Filomena M. "Between Law and Custom: Women, Family Law and Marriage in Pakistan." Journal of Comparative Family Studies 43, no. 5 (September 2012): 673–93. http://dx.doi.org/10.3138/jcfs.43.5.673.

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10

valentine, kylie, and Jan Breckenridge. "Responses to family and domestic violence: supporting women?" Griffith Law Review 25, no. 1 (January 2, 2016): 30–44. http://dx.doi.org/10.1080/10383441.2016.1204684.

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11

Haneef, Sayed Sikandar Shah. "Women and Malaysian Islamic family law: towards a women-affirming jurisprudential reform." Journal of Social Welfare and Family Law 33, no. 1 (March 2011): 47–60. http://dx.doi.org/10.1080/09649069.2011.571470.

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12

Sportel, Iris. "Who’s Afraid of Islamic Family Law? Dealing with Shari‘a-based Family Law Systems in the Netherlands." Religion and Gender 7, no. 1 (February 19, 2017): 53–69. http://dx.doi.org/10.18352/rg.10211.

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In the Netherlands, where views of Muslims and Islamic family law are highly politicised, the application of Islamic family laws by Dutch courts is a topic of heated political debate. Especially polygamy and unilateral divorce by men (talaq) are thought to have a strongly negative impact on the position of Muslim women in the family. In order to assess the gendered impact of Islamic family laws in a European context, this article takes a closer look at Dutch state courts’ decisions. It asks how the application of Islamic family laws can be understood against the background of Dutch political discourses on Islam, family law and women’s rights. While in public and political debates, Islamic family laws are frequently thought to be women-unfriendly, this article shows that the encounter between Islamic family laws and Dutch law often has severe impact on the position of Muslim men living in the Netherlands.

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13

Alessa, Amani Saleh. "Sex Discrimination within Kuwaiti Family Law. Part 1." Arab Law Quarterly 24, no. 2 (2010): 119–90. http://dx.doi.org/10.1163/157302510x497312.

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Family Law in Middle Eastern countries in general and in Kuwait in particular has always been an example of the subordination of women in areas such as marriage, divorce, alimony, and custody. Since Family Law is based on the Shari'a, some jurisprudents claim that it is fair to all women and that claiming otherwise is speaking against the Shari'a. However, this article is meant to get to the root of Family Law articles that show unjust treatment of women. Much of such injustice depends on the opinions of some jurisprudents with no evidence from either the Qur'ān or the Hadīth, while other articles that are rooted in the Qur'ān can be interpreted in different ways that provide a certain degree of justice to women.

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14

Maulida, Nur Rizki, Arya Putra Perdana, and Eka Widyanti. "The Importance of Family Law Against Women in Polygamy." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 1, no. 2 (December 22, 2022): 277–81. http://dx.doi.org/10.57235/aurelia.v1i2.162.

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In Indonesia, regarding the relationship between husband and wife or marriage law based on monogamy. However, polygamous marriages in Islam are not prohibited and are accommodated by the government in the Marriage Law. In Indonesia, regarding the relationship between husband and wife or marriage law based on monogamy. However, polygamous marriages in Islam are not prohibited and are accommodated by the government in the Marriage Law. This research method is descriptive qualitative. Data obtained through literature review or literature study. The results of the research are that there are government efforts related to family law that handle or overcome cases that occur to women including wives in polygamy who experience domestic violence, and their rights are not fulfilled. Permission to polygamy by the Religious Courts can be granted if the husband's reason has fulfilled alternative reasons in accordance with the provisions of Article 4 paragraph (2) and the cumulative conditions listed in Article 5 paragraph (1) of Law Number 1 of 1974.

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15

Belwal, Shweta, Rakesh Belwal, and Suhaila Ebrahim Al-Hashemi. "Family friendly policies and the Omani Labour Law." Employee Relations: The International Journal 42, no. 2 (November 28, 2019): 315–48. http://dx.doi.org/10.1108/er-09-2018-0245.

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Purpose The purpose of this paper is to take cognisance of the work–life balance (WLB) challenges facing working women in Oman, make a review of the family-friendly policies (FFPs), related provisions in labour laws of various nations, and identify and suggest some FFP-based solutions for attracting women to private sector jobs. Design/methodology/approach Initially, desk research was used to review the labour laws of the six Gulf Cooperation Council (GCC) countries and some pioneering countries known for their workplace policies using the major electronic databases and official websites. An exploratory approach was used to understand the lived experience of participants using 46 in-depth interviews. The data were analysed and the findings were explained and contextualised in terms of the Arab culture, wider social processes and consequences related to WLB. Findings The interviews revealed that the majority of women in the private sector are not fully aware of the labour laws and FFPs, and are not satisfied with the existing policies, as they do not provide the right WLB. Women in the private sector demand flexible working hours, privacy at work, reduced work hours and certain other benefits akin to the government sector. Omani Labour Law needs a review of FFPs in line with the best global practices and Oman’s diversification initiatives. The provision, awareness and implementation of FFPs in the workplace are necessary to attract Omani women to private sector jobs. Research limitations/implications This research focusses on Oman in particular and GCC countries in general in its coverage of Omani women workers. The outcomes would be important for the specific segment but would have limited potential to generalise. Practical implications The study of WLB and FFPs is of interest for both academia and industry globally. In its strategic vision 2040, Oman aims to encourage, support and develop the private sector to drive the national economy. To retain and boost the socio-economic development in the post-oil economy, the success of the private sector will depend on the participation of the Omani workforce. The role of working Omani women will be pivotal, for they form a substantial part of the skilled human resources inventory. Social implications Women working in Oman are influenced by labour laws, organisational culture, traditional attitudes and societal values and influences. The voices of women working in the private sector indicate a great need to create awareness of existing policies, ensure their compliance and devise additional workplace policies to enable women to contribute to the labour market. Originality/value There is a dearth of studies examining work policies and employment of women in the context of Oman in particular and the GCC Countries in general. Even in the extant literature, the sectoral imbalance between the government and private sector has not been explored from the perspective of WLB and FFPs. This study presents a unique approach and findings in this regard.

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16

Borges Jelinic, Ana. "Navigating the Family Law Provisions: Migrant Women’s Voices." International Journal for Crime, Justice and Social Democracy 10, no. 4 (December 1, 2021): 131–45. http://dx.doi.org/10.5204/ijcjsd.2017.

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This article considers the voices of migrant women engaging with Home Affairs to guarantee permanent residency (PR) in Australia after experiencing domestic violence. Data collected from longitudinal interviews with 20 participants were considered, with two participants’ stories analysed in detail. The research indicates how the legal immigration system is set up in a way that does not listen to women and disadvantages them. Particular issues pointed out include extended timelines, lack of concern for cultural differences and inconsistencies in the process, and how they affect women undermining the goal of the law, which is to protect migrants from sponsors’ violence.

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17

Atkin, Bill. "Family Law – Solidarity or Disarray?" Victoria University of Wellington Law Review 50, no. 2 (September 2, 2019): 369. http://dx.doi.org/10.26686/vuwlr.v50i2.5751.

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Professor Gordon Anderson and labour law are synonymous in New Zealand. Gordon has provided a vision for the future of labour law. This article is offered in a similar spirit. It was prepared for a conference on "The Future of Family Law", held in Auckland on 20 September 2018 with distinguished guest, Lady Brenda Hale, President of the United Kingdom Supreme Court. The history of family law in New Zealand is full of remarkable landmarks. Many align with the rights of various groups: children, women, Māori, those with intellectual disabilities, LGBTI+ communities and abuse victims. If we dig deeper, we find that the various parts do not make a very coherent and harmonious whole. The law is tugged in different directions. This article draws on the concept of "family solidarity", refashioned for New Zealand purposes as "family and community solidarity". Could this help develop a unifying theme? Could it form the basis for future family law reform? Developments such as legislation on child poverty reduction, the Ministry for Children and relationship property law are briefly explored.

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18

Begum, Rothna. "Feminist Advocacy, Family Law and Violence Against Women: International Perspectives." Gender & Development 28, no. 1 (January 2, 2020): 218–20. http://dx.doi.org/10.1080/13552074.2020.1717196.

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19

Htun, Mala, and S. Laurel Weldon. "Religious Power, the State, Women's Rights, and Family Law." Politics & Gender 11, no. 03 (September 2015): 451–77. http://dx.doi.org/10.1017/s1743923x15000239.

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Family law is an essential dimension of women's citizenship in the modern state. The rights established in family law shape women's agency and autonomy; they also regulate access to basic resources—such as land, income, and education—that determine a citizen's ability to earn a living independently, among other life chances (Agarwal 1994; Deere and León 2001; Kabeer 1994; Okin 1989; World Bank 2012). Yet family law is a notorious site of sex inequality, historically and in the present. Equal rights enjoyed by women in national constitutions are often contradicted by family and civil codes that subordinate women to the decisions of their husbands and fathers. In the early 21st century, family law in a significant number of countries discriminated against women, denying them the rights held by men and contributing to their disadvantaged social positions.

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20

Faris, Jeralyn, and JoAnn Miller. "Family Matters: Perceptions of Fairness Among Incarcerated Women." Prison Journal 90, no. 2 (February 23, 2010): 139–60. http://dx.doi.org/10.1177/0032885510361824.

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21

Igde, Fusun Artiran, Rukiye Gul, Mahir Igde, and Murat Yalcin. "Abortion in Turkey: women in rural areas and the law." British Journal of General Practice 58, no. 550 (May 1, 2008): 370–73. http://dx.doi.org/10.3399/bjgp08x280353.

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22

Würth, Anna. "STALLED REFORM: FAMILY LAW IN POST-UNIFICATION YEMEN." Islamic Law and Society 10, no. 1 (2003): 12–33. http://dx.doi.org/10.1163/15685190360560906.

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AbstractI examine here the conditions that have impacted on family law reform in unified Yemen. I will argue that during the early 1990s, the political climate of post-unification Yemen was polarized between supporters of the status quo ante— advocates of laissez-faire in the North and state intervention in the South. This division rendered any meaningful debate on family law impossible. Drawing on urban court records from the 1980s to the mid-1990s, I will show that courts are frequented mainly by women of modest origins who sue for divorce and maintenance, but who are discriminated against by judicial interpretation. Elite women use the courts only rarely and are comparatively better served by current judicial interpretation; thus, they have little concern for changing provisions on divorce and maintenance. Evaluating debates on women's rights in the late 1990s, I will briefly introduce some governmental and non-governmental initiatives with respect to family law to gauge current possibilities for reform.

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23

Kamali, Mohammad Hashim. "Islamic Family Law Reform: Problems and Prospects." ICR Journal 3, no. 1 (January 15, 2011): 37–52. http://dx.doi.org/10.52282/icr.v3i1.579.

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This Special Issue of Islam and Civilisational Renewal carries selected papers from the ‘International Conference on the Family Institution in the Twenty-First Century: Ideals and Realities’, held at IAIS Malaysia on 13-14 December 2010. The event was jointly organised by IAIS Malaysia, the Institute of Islamic Understanding Malaysia (IKIM), Yayasan Pendidikan Islam (YPI), Yayasan Ubaidi, the Journalists and Writers Foundation, Istanbul, Turkey, the International Institute of Islamic Thought (IIIT), and the Malaysian Turkish Dialogue Society, and officiated by Senator Dato, Sri Sharizat Abdul Jalil, Malaysia’s Minister of Women, Family and Community Development.

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24

Haque, Muhammad Faizul, Sohirin Mohammad Solihin, Nadzrah Ahmad, and Mohd Shah Jani. "Women Rights to Inheritance in Muslim Family Law: An Analytical Study." International Journal of Islamic Business & Management 4, no. 1 (April 13, 2020): 15–26. http://dx.doi.org/10.46281/ijibm.v4i1.543.

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Rights of women are one of the widely discussed yet debatable issues across the Western and Muslim world. It is seen in the Muslim societies that many women are deprived in terms of inheriting property after the demise of their parents. This is largely happening due to the negligence of practicing Islamic teachings regarding inheritance at individual and family level. However, Islam has placed a dignified position for women in family and society in all sectors. Particularly the principle of inheritance of property has been clearly stated in the holy Qur’an. In this background, this paper emphasises on exploring (a) Qur’anic and Prophetic stand on women’s right to inheritance, (b) the main obstacles that impede women in getting inheritance rights in family and its remedies from the Islamic perspectives. This paper adopts an analytical approach to study this vital issue. Under this approach, the study analyses the relevant data from the two fundamental sources of Islam, Qur’an and Sunnah, along with jurisprudential views and provides solutions to solve the problems related to Muslim women’s inheritance right in family. Findings of this paper indicated that if the Muslim family practices the Islamic teachings regarding the distribution of inheritance among the heirs, it will eradicate the existing discrimination among men and women in this regard and enable women’s financial steadiness in family and society.

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25

Parkes, Debra, and Emma Cunliffe. "Women and wrongful convictions: concepts and challenges." International Journal of Law in Context 11, no. 3 (August 6, 2015): 219–44. http://dx.doi.org/10.1017/s1744552315000129.

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AbstractThis paper draws from the wrongful convictions of women to interrogate the limits of dominant conceptions of wrongful conviction. Most North American innocence projects turn on a conception of demonstrable factual innocence. The paper argues that this focus is problematic as a matter of criminal law principle and presents particular difficulties for women. The paper identifies that family violence forms the primary context for both the conviction of women for violent crimes, and for women's wrongful convictions. Taking two key examples of family violence – child homicide and intimate partner violence – we illustrate that the prevailing focus on demonstrable factual innocence fits awkwardly with identified wrongful convictions in these areas, and argue that this focus may deflect attention from unidentified miscarriages of justice. We suggest that focusing on factual innocence undermines the criminal justice system's proper focus on state responsibilities, including the responsibility to protect women and children from harm, and the asymmetric burden of proof that applies in criminal cases.

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26

McLaughlin, Eithne. "Women and the family in Northern Ireland." Women's Studies International Forum 16, no. 6 (November 1993): 553–68. http://dx.doi.org/10.1016/s0277-5395(08)80001-5.

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27

Redmond, Janice, Elizabeth Anne Walker, and Jacquie Hutchinson. "Self-employment: is it a long-term financial strategy for women?" Equality, Diversity and Inclusion: An International Journal 36, no. 4 (May 15, 2017): 362–75. http://dx.doi.org/10.1108/edi-10-2016-0078.

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Purpose Becoming self-employed has appeal to both genders. For many women, balancing work and family is a key motivator. However, businesses owned and operated by women are often very small, with limited turnover. This potentially can have disastrous consequences when these women come to retire, unless a solid retirement savings strategy has been considered. The purpose of this paper is to outline many of the issues and implications of a lack of research in this area. Design/methodology/approach Data were collected from 201 small business owners via a convenience sample derived from various databases. The survey was completed on-line and analysed using SPSS. Findings Many self-employed women in Australia have neither enough savings for their retirement, or an actual retirement plan. This is exacerbated by the lack of regulation requiring mandatory contributions into a superannuation (personal pension) fund by small business owners, unlike pay as you go employees, whose employers must contribute a certain about on their behalf. Social implications Middle-to-older aged women are the biggest cohort of homeless people in Australia. This is likely to grow as self-employed Baby Boomers stop working and find they do not have sufficient personal financial resources to fund their retirement. Originality/value Whereas there is much written about gender and small business ownership, as well as retirement and savings planning, these two areas have not been researched before in Australia. Yet it is an issue for the majority of small business owners, particularly women.

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28

Rosenbaum, Jill Leslie. "Family Dysfunction and Female Delinquency." Crime & Delinquency 35, no. 1 (January 1989): 31–44. http://dx.doi.org/10.1177/0011128789035001003.

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This article examines the family backgrounds of a group of women who, as adolescents in the early 1960s, were committed to the California Youth Authority predominantly for status offenses and continued their criminal behavior into adulthood. Particular attention is paid to various measures of dysfunction, including family violence, parent-child conflict, family size, structure, and stability. Little variation existed within the various independent measures; all of the women came from dysfunctional homes. The manner in which these young women were dealt with by the Youth Authority is examined within the context of the cultural attitudes of that particular time.

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29

Rahmawati, St. "Mainstreaming of Gender Equality in Islamic Family Law: Opportunities and Challenges." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 4, no. 2 (December 28, 2020): 360. http://dx.doi.org/10.22373/sjhk.v4i2.8110.

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This study discusses the mainstreaming of gender equality in Islamic family law. As it is known, gender equality and Islamic law have axiological links in realizing family household that practices the universal values such as justice, literature, peace, love, compassion, etc. This research is a qualitative study with a gender perspective linked to Islamic law. The discussion showed that a number of opportunities were found as normatively affirmed in the Qur'an which has the same spirit as the mainstreaming of gender equality in Islamic family law. Likewise, legal rules such as the Compilation of Islamic Law and the development of Islamic studies caused the normative theological understanding to support gender equality. However, it cannot be denied that the understanding of theological texts has begun to erode in the context of the implementation of Islamic family law. For the challenges, there were several aspects that hinder the mainstreaming of gender equality in Islamic family law, namely marginalization of women, community stereotypes against women, subordination of women, double burden on women, and violence against women.

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30

Allendorf, Keera. "Like Her Own: Ideals and Experiences of the Mother-In-Law/Daughter-In-Law Relationship." Journal of Family Issues 38, no. 15 (June 9, 2015): 2102–27. http://dx.doi.org/10.1177/0192513x15590685.

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This article explores ideals and experiences of the mother-in-law/daughter-in-law relationship using semistructured interviews with 46 members of 22 families living in one Indian village. Ideally, the relationship is characterized by love and understanding, where one’s mother-in-law or daughter-in-law is like one’s own daughter or mother. In practice, the relationship varies in quality. Some women experienced affectionate, high-quality relationships, whereas others’ relationships were characterized by hurtful exchanges and not speaking. Previous literature portrays the relationship as negative, but these results point to the relevance of positive aspects as well. I also suggest that these ideals and experiences are shaped by the joint family system. The joint family system contributes to the strongly positive ideal, whereas the tensions that women experience arise from the contradictory family locations that they occupy within that system. Daughters-in-law and mothers-in-law are simultaneously strangers and close family members.

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31

Brackett, John K., and Thomas Kuehn. "Law, Family, and Women: Toward a Legal Anthropology of Renaissance Italy." American Historical Review 98, no. 4 (October 1993): 1281. http://dx.doi.org/10.2307/2166725.

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32

Schmidt, Albert J., and Thomas Kuehn. "Law, Family, and Women: Toward a Legal Anthropology of Renaissance Italy." Journal of Interdisciplinary History 23, no. 4 (1993): 795. http://dx.doi.org/10.2307/206307.

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33

Couturier, Edith. "Women and the Family in Eighteenth-Century Mexico: Law and Practice." Journal of Family History 10, no. 3 (September 1985): 294–304. http://dx.doi.org/10.1177/036319908501000307.

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34

Muldoon, James, and Thomas Kuehn. "Law, Family, & Women: Toward a Legal Anthropolohy of Renaissance Italy." American Journal of Legal History 37, no. 3 (July 1993): 364. http://dx.doi.org/10.2307/845663.

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35

Figueira, Robert C. "Law, Family, and Women: Toward a Legal Anthropology of Renaissance Italy." History: Reviews of New Books 21, no. 4 (June 1993): 169–70. http://dx.doi.org/10.1080/03612759.1993.9948777.

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36

Shehada, Nahda Y. "Uncodified Justice: Women negotiating family law and customary practice in Palestine." Development 47, no. 1 (March 2004): 103–8. http://dx.doi.org/10.1057/palgrave.development.1100006.

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37

Foblets, Marie-Claire. "Migrant Women Caught between Islamic Family Law and Women's Rights. The Search for the Appropriate ‘Connecting Factor’ in International Family Law." Maastricht Journal of European and Comparative Law 7, no. 1 (March 2000): 11–34. http://dx.doi.org/10.1177/1023263x0000700102.

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In recent decades ‘conflicts justice’ in the realm of international family law has undoubtedly gained momentum in most European immigration countries. This is largely due to an increase in the number of cases relating to family disputes among migrants submitted to the courts. In the first part of this contribution (§ 2: ‘The legal techniques at hand. The dramatic lack of adaptation of century-old techniques’) I briefly describe how ‘conflicts justice,’ in the domain of cross-cultural family relations, is facing the impact of an unprecedented cross-boundary mobility of people from all over the world. This cross-border mobility has engendered a new type of social and cultural pluralism in most European host countries. In the second part (§ 3: ‘The case of Moroccan women claiming protection under Belgian secular law’) I illustrate the discussion on possible legal solutions for handling the ‘conflicts justice’ consequence of this cross-border mobility by referring to the very problematic position of Moroccan women who have immigrated to Belgium.

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38

Anukriti, S., Catalina Herrera-Almanza, Mahesh Karra, and Rocío Valdebenito. "Convincing the Mummy-ji: Improving Mother-in-Law Approval of Family Planning in India." AEA Papers and Proceedings 112 (May 1, 2022): 568–72. http://dx.doi.org/10.1257/pandp.20221122.

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Mothers-in-law, especially those in South Asia, can exert significant influence over women, often even more so than women's husbands or other household members. Using data from rural India, we first show that mothers-in-law are more likely than husbands to (i) disapprove of women's family planning use and (ii) want women to have more children, particularly sons, than women themselves want. Next, using a field experiment, we show that providing women with vouchers for subsidized family planning services not only enabled them to initiate discussions about family planning with their mothers-in-law but also increased their mothers-in-law's approval of family planning.

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Bainham, A. "Men and Women Behaving Badly: Is Fault Dead in English Family Law?" Oxford Journal of Legal Studies 21, no. 2 (June 1, 2001): 219–38. http://dx.doi.org/10.1093/ojls/21.2.219.

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Douglas, Heather. "Policing Domestic and Family Violence." International Journal for Crime, Justice and Social Democracy 8, no. 2 (April 30, 2019): 31–49. http://dx.doi.org/10.5204/ijcjsd.v8i2.1122.

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How police respond to domestic and family violence (DFV) has important ramifications for the safety of women and their children. Despite recognition of the key role police play in responding to DFV and the importance of the perspectives of survivors in informing appropriate responses, there has been no recent exploration of survivors’ experiences of the police response to DFV in Queensland. This article draws on interviews with women in Brisbane, Australia, who have experienced DFV and engaged in some way with the legal system. It explores women’s reasons for calling, or not calling, the police and their experiences with police between 2014 and 2017. The article highlights the role of police culture in appropriately responding to DFV. It suggests that cultural change is needed and may be facilitated by ongoing training, addressing gender balance within the police service and introducing women-only police stations.

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41

LaRocca-Pitts, Elizabeth C., and Carolyn Pressler. "The View of Women Found in the Deuteronomic Family Laws." Journal of Law and Religion 17, no. 1/2 (2002): 393. http://dx.doi.org/10.2307/1051455.

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Ashraf, Insha, and Saima Farhad. "Conflict linked incarceration of a family member: women and their experiences." Journal of Offender Rehabilitation 61, no. 1 (January 2, 2022): 20–36. http://dx.doi.org/10.1080/10509674.2021.2017383.

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Maddali, Anita. "Left Behind: The Dying Principle of Family Reunification Under Immigration Law." University of Michigan Journal of Law Reform, no. 50.1 (2016): 107. http://dx.doi.org/10.36646/mjlr.50.1.left.

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A key underpinning of modern U.S. immigration law is family reunification, but in practice it can privilege certain families and certain members within families. Drawing on legislative history, this Article examines the origins and objectives of the principle of family reunification in immigration law and relies on legal scholarship and sociological and anthropological research to reveal how contemporary immigration law and policy has diluted the principle for many families—particularly those who do not fit the dominant nuclear family model, those classified as unskilled, and families from oversubscribed countries—and members within families. It explores the ways in which women and children, integral members of a family, are often placed in dependent roles. From this perspective, it suggests that the much-discussed increase of unaccompanied minors and women with children crossing the Southern border has been exacerbated by immigration laws, enforcement, and policy which have confined them to dependent roles, directly affecting family integrity. The failure of immigration law and policy to recognize the social agency of women and children can fracture family integrity when a woman, particularly one who is classified as “unskilled,” or a child heads the migration for a family unit.

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Retnowulandari, Wahyuni. "A Review of The “Head Of The Family” Concept From The Family Law, Gender Perspective." SHS Web of Conferences 54 (2018): 02008. http://dx.doi.org/10.1051/shsconf/20185402008.

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Although the concept of “Head of Family” as the backbone of the family in the positive law is usually a man/the husband, but I argue not all of them are so, because in fact, recently more women become “head of the family”, the reasons are whether due to the existing custom, or non-working husband because he is sick, lazy, or other reasons. This normative study aims to identify the pluralism of the concept of “head of the family” in the positive law in Indonesia and the facts in social life, culture and religion, and then to be compared with the concept of “head of family” in Thailand and South Korea. Based on such matter, by considering CEDAW and equity for women, this research recommends re-conception of a gender-perspective “Head of the Family”, namely “Husband and Wife must support each other in right and obligation to finance the family life according to equity, unless stipulated otherwise by their respective religion/culture”.

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Rahman, Mushtaqur. "Family and Law in Islam." American Journal of Islam and Society 6, no. 1 (September 1, 1989): 189–90. http://dx.doi.org/10.35632/ajis.v6i1.2710.

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Without fanfare, a significant conference on "Family and Law in Islam",took place at the Ramada Inn, Istanbul, May 17-21 1989. More than twentyfiveinvitees from Britain, Egypt, Hungary. India, Pakistan, the United States,and Grand Muftis of Syria and North Yemen attended the conference. Alsoattending were the essential support personnel of the Council of World Religions(CWR). and its Executive Director, Frank Kaufmann. The CWR, a subsidiaryof the International Religious Foundation (IRF) did everything possible tomake the conference a very rewarding experience for all participants.Unlike other conferences, only major assumptions and conclusions werepresented by the authors to set the stage for discussion. To facilitate thediscussions, the organizers had distributed papers a month ahead of time.A certain "pairing" was also attempted, but this was by no means exclusive,and a major part of the proceedings consisted of free-range discussions.punctuated by the Grand Mufti of Syria and his stories on topics rangingfrom camels to watermelons. reflecting on interconnections, between andrelative importance of particular situations.Since the CWR plans to publish, in full or in part, contributions to thisconference, and since these tend to be well documented and meaty. we willonly provide here an idea of the flavor and scope of the topics and discussions.Mohsin Labban of Alexandria, Egypt was the first to discuss the spiritualand moral aspects of the Shari'ah concluding that a woman's fulfilment isin her inclination to possess. By learning to coexist with her husband's otherwife or wives. she may overcome egotism. selfishness, and jealosy. AbdallahNuruddin Durkee of the Darul lslam Foundation, defined secularity andsecularism and showed that none of these institutions provide answers toproblems facing a family. Then lmtiaz. Ahmad of Karachi University presentedhis paper on the role of family in Islamic society, upholding traditionaJ lslamicvalues and denouncing Western intrusions. Other participants from Pakistanwere as varied as their assumptions. Abdul Rashid of Karachi Universitydescribed the status of women in Islam, stating that there is nothing in Islamto bar a woman from being the head of the government, as is the case incontemporary Pakistan. Hassan Qasim Murad, also of Karachi University,discussed the question of equality and equal rights, contending that inequalityof sexes, inferiority of woman to man, was written in the sacred texts, the ...

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Booley, Ashraf. "Progressive Realisation of Muslim Family Law: The Case of Tunisia." Potchefstroom Electronic Law Journal 22 (October 24, 2019): 1–28. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a2029.

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From the time when women's rights were not placed high on the agenda of any state to the time when women's rights are given top priority, Tunisia's gender-friendly legislation requires a fresher look. One would be forgiven for thinking that Tunisia's reforms started after they gained independence from France in the 1950's. In fact, it was during the French Protectorate that reformers started rumours of reform, arguing amongst other issues for affording women more rights than those they were granted under sharia law, which governed family law in Tunisia. After gaining its independence, Tunisia promulgated the Code of Personal Status, which was considered a radical departure from the sharia. It is considered to be the first women-friendly legislation promulgated in the country. It could be argued that Tunisian family law underwent, four waves of reform. The first wave started during the French Protectorate. The second wave started in the 1950's with the codification of Tunisia's family law, which introduced women-friendly legislation. The third wave started in the 1990's with changes to the Code of Personal Status, and the latest wave commenced in 2010. In this article, I analyse the initial, pioneering phases of the reforms resulting from the actions of a newly formed national state interested in building a free society at the end of colonial rule, as well as reforms that have taken place in the modern state since the Arab uprising in Tunisia. As a result of the various waves of reforms, I argue that Tunisia should be seen as the vanguard of women-friendly legislation in the Arab world.

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47

Hubail, Fatema. "In the Shadow of the Law." Amicus Curiae 3, no. 2 (February 28, 2022): 218–50. http://dx.doi.org/10.14296/ac.v3i2.5411.

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With the emergence of the Covid-19 global pandemic, the questions of gender and sect have been reintroduced in Bahraini media as examples, spectacles and objects of critique. The pandemic does not only carry a health risk, but it has also become a means of social-conditioning, surveillance and the reification of difference for Bahrainis. In the cases of Ania and Fatima, the pandemic was a time that defined key moments in their lives: their ability to name and shame their abusers online. However, as these women bravely shared their stories, they were confronted by social and cultural forces that attempted to silence them. Although these two testimonies are not representative of all women’s experiences in Bahrain, they shed light on the various legal, familial and social structures that affect women’s lived experiences. This research will further explore the legal and social silencing of women’s lived experiences through the lens of the Covid-19 pandemic. This research aspires to carve an academic space that brings some justice to these women, by sharing their experiences in light of the emerging sociopolitical, sociolegal and cultural contexts of their society. In this research, I answer the following questions: (1) to what extent does Law No 19 of 2017 on the Family Law (also known as the Unified Family Law of 2017) perpetuate silencing on the grounds of gender and sect throughout the pandemic in Bahrain? And (2) to what extent has the Covid-19 pandemic amplified the expectations ascribed to women on the grounds of gender and sect in Bahrain? The focus on the Unified Bahraini Family Law of 2017 is vital to understanding the social expectations that frame women’s lived experiences in Bahrain. It complicates the lives of women, as the state imagines unification, but the reality suggests that women are found at the intersection of gender, sect, structures of kin, trauma and, lastly, the sociopolitical implications of the Covid-19 pandemic. Keywords: digital space; marginalization; Covid-19 pandemic; Bahraini family law; sect.

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Greif, Geoffrey L., and Michael E. Woolley. "Women and Their Mothers-in-Law: Triangles, Ambiguity, and Relationship Quality." Social Work Research 43, no. 4 (November 27, 2019): 259–68. http://dx.doi.org/10.1093/swr/svz016.

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Abstract Each marriage is the beginning of multiple intergenerational in-law relationships. Drawing on a survey of 351 women about their relationships with their mothers-in-law (MILs), this article reports on the impact of family triangles and boundary ambiguity on the quality of the relationship. In a three-block regression analysis, predicting a seven-item relationship quality scale, the first block included six demographic variables. The second and third blocks included three survey items each of reported relationship triangles and boundary ambiguity in a woman’s interactions with her MIL. Results revealed that although the couple having children predicted worse relationship quality in the demographic block, that result was no longer significant once family triangle measures were entered. All three measures of boundary ambiguity were also significant. The three measures of boundary ambiguity eclipsed two of the three family triangles when entered in the third block, leaving only the daughter-in-law feeling comfortable going directly to the MIL about important issues still significant.

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TZVI ADELMAN, HOWARD. "Law and love: the Jewish family in early modern Italy." Continuity and Change 16, no. 2 (August 2001): 283–303. http://dx.doi.org/10.1017/s0268416001003782.

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In legal texts, women, acting on their own volition, are actually described as individuals in negative terms. This study examines clandestine betrothals and marriages; adultery, especially the treatment of adulterous women; the abused wife and her ability to initiate divorce proceedings against her husband; and testaments left with Christian notaries by Jewish women.While they were limited by various laws and customs, individuals managed to use laws and social structures for their own advantage, negotiated space for themselves, and devised strategies to fulfil their wishes, which could be described as the pursuit of love, by circumventing obstacles placed in their way by communities, families, and the law. These practices raise questions about familial control, rabbinic authority, and communal power.

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MISHINA, EKATERINA. "SOVIET FAMILY LAW : WOMEN AND CHILD CARE (FROM 1917 TO THE 1940s)." Russian Law Journal 5, no. 4 (January 1, 2017): 69–92. http://dx.doi.org/10.17589/2309-8678-2017-5-4-69-92.

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