scholarly journals The Proposed abolition of de facto unions in Tanzania: a case of sailing against the social current

1998 ◽  
Vol 42 (2) ◽  
pp. 187-214 ◽  
Author(s):  
Bart Rwezaura
Keyword(s):  
Male Partner ◽  
Law Reform ◽  
Social Fact ◽  
Economic Support ◽  
The Social ◽  
The Law ◽  
Legal Marriage ◽  
Legal Consequences

In April, 1994, the Law Reform Commission of Tanzania (LRC) recommended,inter alia, that section 160 of the Law of Marriage Act (LMA), be repealed because it constitutes “an unnecessary encroachment [on] the sanctity of marriage and [is] contrary to the spirit of the Law of Marriage Act”. Subsection (1) of the offending section enacts a statutory presumption of marriage in favour of reputed de facto unions that have existed for a minimum of two years. Subsection (2) states that once the presumption is rebutted, the woman cohabitant and the children born of that union become legally entitled to apply to the court for economic support from the male partner. In these proceedings the court has similar jurisdiction as a divorce court, including the making of orders for the division of assets jointly acquired by the couple and the determination of who is to have custody of the children. In 1971 when section 160 was enacted, it was widely recognized that de facto unions had become a social fact which the law could not ignore. Hence, the decision to extend to these unions the same legal consequences that follow a formal dissolution of a legal marriage. However, in so doing the legislature had indirectly raised and yet left open a number of important questions that have continued to engage the minds of judges.

Determining a Suicide under Australian Law

2018 ◽  
Vol 41 (2) ◽  
Author(s):  
Stephanie Jowett ◽  
Belinda Carpenter ◽  
Gordon Tait
Keyword(s):  
Case Law ◽  
Law Reform ◽  
Practical Matter ◽  
The Law ◽  
Recent Government

This article examines the role of coroners in making legal determinations of suicide in Australia. Research indicates that the requirement to make findings of intent and capacity in unexpected, violent deaths can be difficult for coroners and recent government inquiries have suggested that the law contributes to the problem. A review of laws and commentary that guide coroners in Australian states and territories reveals not only that coroners are the only persons tasked with making routine legal determinations of suicide, but that such legal guidance lacks clarity. This article concludes that law reform would aid coroners by clarifying definitional issues, removing inconsistency between state jurisdictions and increasing the transparency of case law. Along with requirements for a determination of intent, which is a practical matter previously raised by the Victorian Coronial Council, such changes would go some way to ensuring that Australian suicide statistics are more reliably created.

scholarly journals On the Issue of Judges’ Salary as an Element of the Constitutional and Legal Status of Judges

2020 ◽  
Vol 91 (4) ◽  
pp. 27-36
Author(s):  
V. S. Vitkova ◽  
Y. O. Hrabova
Keyword(s):  
Legal Status ◽  
Total Population ◽  
Judicial System ◽  
Constant Number ◽  
The Social ◽  
Judicial Administration ◽  
The Law ◽  
Basic Salary ◽  
The City

The article focuses on the use of the categories of «permanent population» and «existing population» while applying the regional coefficients in determining the basic amount of salary of a judge, since the judge’s salary guarantees the independence of the judge and is an integral part of his constitutional legal status. Attention is drawn to the fact that, since the judge’s salary can be determined only by the Law of Ukraine «On Judicial System and Status of Judges» the issue of the uniqueness of the application of regional coefficients requires an additional focus of scholars and practitioners, which, in turn, is related to the uncertainty of the provisions of paragraphs 2, 3, 4, Part 4 of the Art. 135 of the above mentioned Law. Determination of the regional coefficient for the calculation of the judge’s salary substantiates the feasibility of applying regional coefficients in practice based on the data, in particular, the basic indicators of the effectiveness of the courts of settlements, population of which exceed 1 million and total population of which is less than 100 thousand. Relevant comparative data on the burden on judges of such courts is provided. Based on the obtained empirical data, it is concluded that there are ambiguities in the use of the categories «existing population» and «permanent population» by the State Judicial Administration of Ukraine while approving staffing of courts in the period of 2017-2020 on the example of Odesa City, despite the relatively constant number of permanent and existing population in the city during this period. The necessity to apply the category of «existing population» in determining the basic salary of a judge is argued, as well as the advisability of amending the paragraphs 2-4 of Part 4 of the Art. 135 of the Law of Ukraine «On Judicial System and Status of Judges» in regard to the need for uniform application of this rule in practice and ensuring that the social guarantees of judicial independence are respected.

scholarly journals The Gendered Racialization of Asian Women as Villainous Temptresses

2021 ◽  
pp. 089124322110293
Author(s):  
Maria Cecilia Hwang ◽  
Rhacel Salazar Parreñas
Keyword(s):  
Sex Work ◽  
Social Order ◽  
White Male ◽  
Asian Women ◽  
Gender Analysis ◽  
Global Pattern ◽  
The Social ◽  
The Law ◽  
American Society

What explains white male animus against Asian women? We address this question by examining the murders in Atlanta, GA, which reflect a larger global pattern of violence against what are perceived as hypersexualized Asian women. Dominant discourses on these murders promote either a narrative of racial xenophobia or a stance for or against sex work. Neither discourse adequately accounts for the simultaneous racial and gendered determination of Asian women’s experiences. In this commentary, we provide a racial–gender analysis and underscore how the gendered racialization of Asian women as hypersexual can result in their perception as disposable bodies for white male rage. As we explain, hypersexualization implies immorality, which in turn threatens the social order and thereby justifies Asian women’s disposability. This commentary establishes Asian women’s hypersexualization as a century-old view in American society perpetuated in cinema and the law.

scholarly journals The Validity Of Marriages Agreement Made After Ongoing Based Marriage Law In Indonesia

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 937
Author(s):  
Intan Fajriyanti ◽  
Munsharif Abdul Chalim
Keyword(s):  
Civil Code ◽  
Court Decision ◽  
Constitutional Court ◽  
Marriage Law ◽  
Legal Research ◽  
Research Results ◽  
The Law ◽  
Legal Marriage ◽  
Legal Consequences

Mating agreement has been stipulated in Article 29 of Act No. 1 Of 1974. Married to the present agreement remains in the society. The problems examined in this study is: what are the factors occurrence marriage agreement, how the validity of the agreement to marry, and the legal consequences mating agreement executed after the course of the marriage. The method used is a normative legal research. The result of the first conclusion that the arrangement agreement are married in Indonesia in the Act include the Civil Code, the Marriage Act No. 1 of 1974, KHI and the Constitutional Court Decision No. 69 / PUU-XIII / 2016, and at the conclusion of research results mating agreement made after the course of a legal marriage do not violate the boundaries of the law, religion, and morality.Keywords: Agreement; Mating Agreement; Marriage Law.

scholarly journals Legal impossibility or inadmissibility: Is there a need for distinction?

2020 ◽  
Vol 54 (4) ◽  
pp. 1305-1320
Author(s):  
Sanja Radovanović ◽  
Nikolina Miščević
Keyword(s):  
General Condition ◽  
Practical Importance ◽  
Domestic Literature ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

It is generally accepted that the origin of a contract, i.e. its validity, is influenced by an impossibility that is objective and current, regardless of whether it is legal or factual. From this distinction of possibilities according to different criteria, it follows that there is no universal determination of the possibilities of the subject. Apart from the fact that the theory relativizes possibility as a general condition of the subject of a valid contract, since it binds different legal consequences, certain provisions of the Law on Obligations also contribute to the fact that legal consequences of impossibility are not clearly defined in terms of contract validity. This is especially the case when it comes to legal impossibility. Systematic works of the law of obligations in the domestic literature speak of legal impossibility, as a special species. However, there is a lack of clear demarcation in determining what is meant by it. Therefore, we will try to re-examine whether and when the distinction between legal impossibility and inadmissibility is of practical importance.

scholarly journals Demand Guarantees in the People’s Republic of China and the Republic of South Africa

2019 ◽  
Vol 6 (2) ◽  
pp. 4-32
Author(s):  
Ch. Hugo
Keyword(s):  
South Africa ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Judicial Interpretation ◽  
Republic Of China ◽  
The World ◽  
The Law ◽  
The Republic ◽  
Legal Consequences

Guarantees play an important role in large commercial contracts internationally. Guarantees can be either independent (demand) guarantees or accessory guarantees. The legal consequences of the two differ significantly and, therefore, it is important to differentiate clearly between the two. In the case of independent (demand) guarantees – the focus of this contribution – the guarantor’s liability is independent of the underlying performance it is guaranteeing, and is accordingly to be determined, in principle, with reference only to the terms of the guarantee. However, this is not an absolute principle. Jurisdictions throughout the world recognize exceptions to this principle, the most important and prevalent being fraud on the part of the beneficiary. A Judicial Interpretation by the Supreme People’s Court of the People’s Republic of China relating to independent guarantees came into operation in December 2016. Its rules depart in some important respects from the law of guarantees in South Africa, both in relation to the determination of the nature of the guarantee (as independent or accessory) and in relation to the exceptions to the principle of independence. This article explores these issues against the background of the law of contract of both countries.

scholarly journals Family law reform in Indonesia according to the Maqashid al-shari’a perspective (A case study of Law no. 16 of 2019)

2021 ◽  
Vol 7 (2) ◽  
pp. 183
Author(s):  
Yuni Roslaili ◽  
Aisyah Idris ◽  
Emi Suhemi
Keyword(s):  
Review Process ◽  
Family Law ◽  
Law Reform ◽  
Constitutional Court ◽  
Library Research ◽  
Minimum Age ◽  
Age Limit ◽  
The Law

This research discusses family law reform in Indonesia in relation to the Law No. 16 of 2019 concerning the minimum age for child marriage. The study has been conducted using Maqashid al-syariah perspective in order to analyze first, the formulation of family law reform in Indonesia related to No. 16 of 2019, and second, the perspective of maqasid al-syariah in the law. The primary resource in this library research was Law No. 16 of 2019, and Marriage Law No. 1 of 1974. The results of the study found that family law reform regarding the age limit for marriage in Indonesia began with the existence of the judicial review process to the Constitutional Court regarding Law No.1 of 1974, more specifically Article 7 paragraph (1) which was perceived as contradictory to the 1945 Constitution Article 27 paragraph (1). This paper also proved that the determination of the age limit for marriage in Law No. 16 of 2019 is in accordance with the purpose of marriage and the objectives of sharia in general. In a nutshell, it can be concluded that there has been a reform of family law in Indonesia which can be seen from the aspect of the law regarding the age limit for marriage from nine years in the fiqh literature version to nineteen years in the version of Law No. 16 of 2019. In addition, Law no. 16 of 2019 also equates the minimum age for marriage between boys and girls, which is nineteen years, although classical fiqh literature distinguishes it.

scholarly journals METODE ISTINBÃT DALAM HUKUM ISLAM

2018 ◽  
Vol 12 (2) ◽  
pp. 297-319
Author(s):  
Abidin Abidin
Keyword(s):  
Social Fact ◽  
The Social ◽  
The Will ◽  
The Mean ◽  
The Law ◽  
Mean Time

This article deals with the use of nas to social fact, whether the social fact supprteed by nas of qur’an or of hadisclearly (the nas is zann al- wurud and zann al-dalalah) only, or is not supported by nas at all. When the social fact is supported by clear nas, then the law will be directly decided, and when the social fact is not supported by unclear nas, the will be conducted through the method of language and meaning istinbath. In the mean time, when the social fact is not supported by nas at all, then the istinbat will be conducted through the method of meaning istinbat.

scholarly journals HUKUM WARIS DAN WASIAT (Sebuah Perbandingan antara Pemikiran Hazairin dan Munawwir Sjadzali)

2017 ◽  
Vol 10 (1) ◽  
pp. 99
Author(s):  
Rosidi Jamil
Keyword(s):  
Social Conditions ◽  
Law Reform ◽  
New Thought ◽  
Inheritance Law ◽  
Men And Women ◽  
The Social ◽  
The Law

Most Muslims understand that inheritance law is the law that its formulation can not be changed, so that the reform of inheritance law in Islam is not widely practiced by Muslims, such as the formulation of the distribution of 2: 1 for men and women, many of them regard it as pemanent formulation. Therefore, inheritance law reform is done rarely, it is different with Islamic family laws that are many changed. However, it does not mean all Muslims consider it is a rule that can not be changed, but there are some people who believe that the law of inheritance in Islam can be changed in accordance with social conditions. The social conditions can influence the occurrence of a law, including inheritance law in Islam. It can be found in the thought of two figures, namely Hazairin and Munawwir Sjadzali. Both Hazairin and Munawwir Sjadzali suggest new thought about inheritance law in Islam. [Kebanyakan umat Islam memahami bahwa hukum waris adalah hukum yang rumusannya tidak dapat dirubah, sehingga pembaharuan mengenai hukum kewarisan dalam Islam tidak banyak dilakukan oleh umat Islam, misalnya rumusan tentang pembagian 2 : 1 untuk laki-laki dan perempuan yang kebanyakan dari mereka menganggapnya sebagai rumusan yang pasti. Oleh karena itu, pembaharuan hukum kewarisan ini tidak banyak dilakukan, hal ini berbeda dengan hukum keluarga Islam yang mengalami banyak pembaharuan. Meskipun demikian, tidak berarti semua umat Islam menganggapnya sebagai aturan yang tidak boleh dirubah, akan tetapi ada beberapa tokoh yang beranggapan bahwa hukum kewarisan dalam Islam dapat berubah sesuai dengan kondisi sosial yang ada. Kondisi sosial ini dapat memberikan pengaruh terhadap berlakunya suatu hukum, termasuk juga hukum kewarisan dalam Islam. Hal tersebut dapat ditemukan dalam pemikiran dua tokoh Nasional, yaitu Hazairin dan Munawwir Sjadzali. Keduanya menawarkan pemikiran baru mengenai hukum kewarisan dalam Islam].

scholarly journals Penetapan Sita Eksekusi oleh Pengadilan Tanpa Didasari Diktum Putusan Akhir yang Mengabulkan Sita Jaminan (Analisis terhadap Perkara Nomor 332/ PDT.G/2016/PN.JKT.SEL)

2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Anita Afriana ◽  
Abdoel Harun Lamo
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Certainty ◽  
The Law ◽  
Legal Consequences ◽  
Legal Force ◽  
Civil Dispute

A civil dispute issue was raised by litigants to the court in order to obtain a ruling. As for the verdict has power the law remains, the content was fi nal judgement that can be executed. The fi nal decisions that have permanent legal force should be able to be implemented voluntarily or if not, then it can be done by force (execution). In practice, there is a case where the execution decision by the chair of the court is absent and is not based on a court rulling stating that a valid and valuable consifcation guarantee. This article discusses process Letter of Determination of Confi scation of Execution without being based on a judge's decision that granted confi scation of collateral in case No. 332/Pdt.G/2016/ PN.Jkt.Sel and the legal consequences of the party executed by the Execution Seizure determined by the head of court in case No. 332/Pdt.G/2016/PN.Jkt.Sel, when the decision has been legally binding it is still associated with the principle of legal certainty in the HIR. The research method used in this thesis is normative juridical which puts forward secondary data by completing primary data in the form of interviews with informants. With analytical analytics, secondary data and primary data are analyzed qualitatively. The results of this research indicate that the determination of the confi scation of execution issued by the chairman of the Court in case No. 332/Pdt.G/2016/PN.Jkt.Sel is valid, if it is related to Article 227 HIR that a decision has permanent legal force, the winning party may submit a seizure of execution confi scation that was never previously stipulated in the decision and the legal consequences against Determination of execution, namely the Defendant's assets must be confi scated in accordance with the determination of the execution for the benefi t of the Plaintiff for the sake of legal certainty as the party won.

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