The Origins of the Matrilineal Principle in Rabbinic Law

AJS Review ◽  
1985 ◽  
Vol 10 (1) ◽  
pp. 19-53 ◽  
Author(s):  
Shaye J. D. Cohen

According to rabbinic law, from the second century to the present, the offspring of a gentile mother and a Jewish father is a gentile, while the offspring of a Jewish mother and a gentile father is a Jew (albeit, according to the Mishnah, amamzer, a Jew of impaired status). Each of these two rulings has its own history, as I shall show below, but it is convenient to group them together under the general heading of the “matrilineal principle.” Anthropologists and sociologists use the termmatrilinealto describe societies in which kinship is determined through the females and not the males. Such societies once existed in ancient Egypt and Mesopotamia, and can still be found in parts of Africa, India, and Polynesia. Although rabbinic society and family law have not yet been studied in the light of modern anthropological and sociological theories, it seems clear that the kinship patterns which characterize matrilineal societies are thoroughly foreign to rabbinic society. With only a few exceptions, rabbinic family law is patrilineal. Status, kinship, and succession are determined through the father. (“The family of the father is considered family, the family of the mother is not considered family,” B.Bava Batra109b.) Why, then, did the rabbis adopt a matrilineal principle for the determination of the status of the offspring of mixed marriages?

2020 ◽  
Vol 2 (1) ◽  
pp. 101-108
Author(s):  
Ni Ketut Sari Adnyani

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).


Author(s):  
Koenraad Donker van Heel

The so-called Will of Naunakhte (1154 BCE) has become rightly famous in Egyptology. Naunakhte was a woman from the New Kingdom village of Deir al-Medina who made a statement in court about her inheritance. So what really happened to her eight surviving children, four of whom were daughters? By carefully studying the documents mentioning members of the family and including all the material mentioning the women of the New Kingdom village of Deir al-Medina and other sources, the book puts to the forefront the remarkable role played by ordinary women in ancient Egypt. The book is an unprecedented view into the lives of these ordinary women and the status of divorce and marriage in Deir al-Medina at the time.


2018 ◽  
Vol 8 (4) ◽  
pp. 365
Author(s):  
Ketevan Djachy ◽  
George Kuparadze ◽  
Lia Rukhiashvili

This paper concerns a comprehensive study of the Family Law legal terminology and attempts to determine its communicative role and functions in linguistic, sociolinguistic and socio-cultural aspects. Increased contacts between people, societal changes associated with migration processes, and more frequent mixed marriages have led to dynamic socio-cultural values and changes to traditional cultural stereotypes. In this regard, it is interesting to examine and study the marital and family problems in contemporary intercultural space and legal discourse, the sphere that has not been studied yet in terms of comparative analysis in Georgian, English and French languages.


2017 ◽  
Vol 3 (1) ◽  
pp. 61
Author(s):  
Hasan Basri

Madrasah in the Middle East has known eight or nine centuries before madrasah in Indonesia, which emerged as a reaction to the reform movement as well as a response to the policy of Dutch colonizers secular education. Madrasah got a decent place in Indonesia after rising SKB 3 minister (Minister of Interior, Minister of Education and Culture, and the Minister of Religious Affairs) in 1975, where madrasas equated with other schools in terms of the status of the diploma, graduates continuing education opportunities and changing schools. In a further development, the school as disoriented. It is caused by two things: first, a paradigm shift towards sekularistik. Education implementation has marred even be interpreted as a partial instead of a holistic paradigm as desired by Islam. Supposedly, the madrasa education as a whole should make Islam as a principle in the determination of educational objectives, the formulation of the curriculum and standard of value of science and the learning process, including determining the qualifications of teachers and school culture that will be developed in the madrasas. Second, the functional institutional weakness as a result of shifting the orientation and function of the family and their influence and societal demands materialistic-hedonistic.The weakness seen in a mess madrasa curriculum, not optimal role of teachers as well as school culture that is not in line with the will of Islam.


Lex Russica ◽  
2019 ◽  
pp. 40-48 ◽  
Author(s):  
N. N. Tarusina

The article is devoted to the analysis of the problems connected with the law-making function of court practice in family disputes. The history of this function, which is not one of the classic types of judicial activity, has several factors: paticularities of family legal relations, situational nature of the majority of family law norms as a key prerequisite for broad judicial discretion in its various forms — concretization, interpretation, subsidiary application of the legislation, application of analogy, conflict resolution that in some cases can be qualified as legal stances of normative type. As an illustration, the provisions of a number of current rulings of the Supreme Court of the Russian Federation on family matters are offered.It is noted that the purpose of the rule-making approaches applied in the court practice involve primarily considerations of fairness in relation to expediency. At the same time, firstly, the criteria for choosing situations for the formation of a trend towards a fair resolution of family disputes of a certain category are not quite clear; secondly, the legal approaches under consideration do not exclude a direct conflict with the family law; thirdly, they remain in the status of recommendations for decades instead of being modified within a reasonable time and transformed into an improved family legislation.The author associates himself with the scholars who consider it necessary, if judicial law-making is inevitable, to regulate its grounds, criteria and procedure directly via civil procedural and/or other laws.


2017 ◽  
Vol 1 (1) ◽  
pp. 87-99
Author(s):  
Fahmi Basyar

One phenomenon that emerged in the Islamic world in the 20th century is the family law renewal efforts undertaken by countries with Muslim majority. This was done in response to the dynamic development of society life. There are at least three points that is the objective of family law renewal in the Islamic world, as a law unification effort, raising the status of female, and responding to developments and demands to provide solutions to existing problems. A review of Act Number 1 in 1974 "named this law as a form of unification that is unique with respect fully the variation based on religion and belief to God, besides that unification aims to complement what is not regulated by religion, because in that matter, the state has the right to set it in accordance with the developments and the demands. From the aspect of the history of the Islamic family law renewal in South East Asia spearheaded by Malaysia. It is the first country that has been undertaking the renewal effort, with the birth of Mohammad Marriage Ordinance Number 5 in 1880 in the countries of the straits.


Author(s):  
Olga V. Kuptsova ◽  

The article considers the legal status of the parent as a special legal status determined by family law of the Russian Federation. Attention is drawn to the heterogeneity of the legal status of the parent and the possibility of distinguishing in it a number of independent, having their own characteristics, sub-statuses: the status of an adult and a minor parent, full and limited status of a parent, the status of a parent living together with a child, and a parent living separately from a child. The concept of parent is characterized, the need to determine it by indicating not only consanguinity, but the totality of legal facts or to establish the origin of the child. Parental rights and obligations are distinguished as elements of the family legal status of the parent, non-property and property rights, basic and derivative rights, non-property and property obligations of parents are analyzed. Given the existing approaches to determining the legal status and its structure, it is proposed to determine the family legal status of the parent. Measures are outlined to optimize the family-legal position of the parent in terms of ensuring the enforceability of the obligation to support the child and establishing the obligation to compensate for moral damage caused to the child and the other parent.


2020 ◽  
Vol 2 (1) ◽  
pp. 88-92
Author(s):  
I Putu Gede Bayu Sudarmawan ◽  
I Gusti Bagus Suryawan ◽  
Luh Putu Suryani

In many societies, marriage customs, who married her partner of different nationality for example a man citizen of Indonesia who married women foreign nationals or otherwise. It is caused due to the influence of globalization today. Of course, the marriage will having problems in the determination of citizenship status if they have children, especially if they settled in Indonesia. This research intended to find answers about the determination of the status of citizenship of children born of mixed marriages and the legal protection of children of mixed marriages that result. This research uses research methods through a conceptual approach to normative. The author uses primary law binding and also secondary legal material as a reference. The results of this research is the child of a mixed marriage deserve the status of dual citizenship is limited and is also entitled to preventive legal protection to guarantee the certainty of the law as a citizen of Indonesia. Dalam melangsungkan perkawinan, banyak masyarakat yang menikah dengan pasangannya yang berbeda kewarganegaraan misalnya seorang pria warga negara Indonesia yang menikah dengan wanita warga negara asing ataupun sebaliknya. Itu disebabkan karena pengaruh globalisasi saat ini. Tentu saja perkawinan tersebut akan menimbulkan masalah dalam penentuan status kewarganegaraan apabila pasangan tersebut memiliki anak, terutama apabila pasangan tersebut menetap di Indonesia. Penelitian ini dimaksudkan untuk menemukan jawaban tentang penentuan status kewarganegaraan anak yang lahir dari perkawinan campuran tersebut dan perlindungan hukum terhadap anak hasil perkawinan campuran terserbut. Penelitian ini menggunakan metode penelitian normatif melalui pendekatan konseptual. Penulis menggunakan bahan hukum primer yang bersifat mengikat dan juga bahan hukum sekunder sebagai referensi. Hasil penelitian ini adalah anak hasil perkawinan campuran berhak mendapatkan status kewarganegaraan ganda terbatas dan juga berhak mendapatkan perlindungan hukum preventif untuk menjamin kepastian hukumnya sebagai warga negara Indonesia.


2016 ◽  
pp. 64-66
Author(s):  
S.Yu. Vdovichenko ◽  

The objective: to show a role of the family focused technologies in depression of frequency of pathology of pregnancy at women of high obstetric risk. Patients and methods. For determination of efficiency of prophylaxis of pathology of pregnancy on the basis of use of the family focused technologies complex clinical-psychological and laboratory and tool examination of 300 women with factors of obstetric risk which were divided into two groups was conducted. In the main group – 182 women with motivation on partner labors to which provided training on system of individual preparation of married couple to labors. The comparison group consisted of 118 women who were not in prenatal training and had individual support in childbirth, with the traditional approach to pain management. Results. Use of the family focused technologies during pregnancy allows to reduce significantly the frequency of the main complications of pregnancy, especially not incubation and premature births. Conclusion. In our opinion, the technique is simple, available and can widely be used in practical health care at women with high obstetric risk. Key words: obstetric risk, the family focused technologies, prophylaxis.


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