Juridical Bonds of Marriage for Jewish and Islamic Women

2008 ◽  
Vol 11 (1) ◽  
pp. 51-64
Author(s):  
Adelaide Madera
Keyword(s):  
Marital Relationship ◽  
Gender Disparity ◽  
Legal Systems ◽  
Religious Law ◽  
Islamic Women ◽  
Islamic Countries ◽  
Legal Contexts ◽  
Condition Of Women

This paper examines the condition of women in both Israel and Islamic countries, specifically their freedom to leave a marriage, and compares respective models. First, the study analyses the peculiar relationship between secular and religious law in Israel and Islamic countries. Second, it studies the nature of marriage as a contract in these legal systems, comparing a totally private approach and a mixed, public–private approach. Third, it analyses the possibilities of dissolution of marriage in such legal systems, indentifying some aspects of gender disparity. Finally it discusses some juridical tools offered in these legal contexts, which are intended to rebalance the exercise of a woman's freedom to leave a marital relationship and its conditions.

scholarly journals GUGAT CERAI: MEMBEBASKAN PREMPUAN DARI PENDERITAAN

QAWWAM ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 101-122
Author(s):  
Nurmala Fahriyanti
Keyword(s):  
Life Cycle ◽  
Social Development ◽  
Islamic Law ◽  
Human Life ◽  
Daily Basis ◽  
State Law ◽  
Legal Systems ◽  
Religious Law ◽  
The Family

In Mataram West Nusa Tenggara, people is lives are regulated on daily basis by religious law, traditional (adat) law and state law. To understand these complex cultural and religious processes as they affect women in particular, I will examine the issue of divorce, also known as sue divorce. This tipe of divorce is socially-sanctioned. I will focus my examination in Mataram, an city of Lombok West Nusa Tenggara. In Lombok society marriage constitutes an important part of the life cycle.  Someone is not considered an adult until marriage.  Marriage is not only united two individual, but also united two families. However this dream canot be realized over the long term.  If family problems arise and  there are no suitable solutions, people may choose to divorce. For instance, if a wife unable to fulfill her obligations as a wife, her husband can divorce her by verbal means alone, according to any of the three existing legal systems (religious customary or state law). By contrast, if her husband unable to fulfill her obligations as a husband his wife can divorce him in only one way by making an application to Islamic Court to do divorce. In marriage available successful couple builds the family that sakinah, mawaddah and warahmah. But then available also that unsuccessful and end with separate or divorce. Separate constitutes a thing that often happens deep good human life divorce the initiating from the husband and also divorce the initiating from the wife, that its cause islamic law puts attention that adequately significant to that thing. It can appear if understand about islamic law, undoubtedly will find both of previous thing and its terminological  islamic law. There is no divorce without started by marriage. But upon that aim not attained, therefore divorce constitutes last way out that must been sailed through. Divorce can't be done but there is grounds which corrected by religion, adat and state law. In islamic law, that divorce grounds experience developing according to social development. Basically islamic law establishes that divorce reason which is wrangle which really culminates and jeopardize the so called soul safety with “ syiqaq ”. Intention is if worried a couple its happening dispute (dispute not only means wrangle among husband or wife can also distinctive principle and opinion) therefore delegate a someone of its husband family and a someone of wife family. And if both of wife and husband will goodness and they can make resolution and look for the solution, but if there are suitable solution wife or husband can do divorce.

scholarly journals Quantifying Legal Entropy

2021 ◽  
Vol 9 ◽  
Author(s):  
Ted Sichelman
Keyword(s):  
Information Theory ◽  
Information Content ◽  
Legal System ◽  
Legal Systems ◽  
Information Costs ◽  
Precise Quantification ◽  
The Law ◽  
Legal Contexts ◽  
Definition Of ◽  
Quantitative Definition

Many scholars have employed the term “entropy” in the context of law and legal systems to roughly refer to the amount of “uncertainty” present in a given law, doctrine, or legal system. Just a few of these scholars have attempted to formulate a quantitative definition of legal entropy, and none have provided a precise formula usable across a variety of legal contexts. Here, relying upon Claude Shannon's definition of entropy in the context of information theory, I provide a quantitative formalization of entropy in delineating, interpreting, and applying the law. In addition to offering a precise quantification of uncertainty and the information content of the law, the approach offered here provides other benefits. For example, it offers a more comprehensive account of the uses and limits of “modularity” in the law—namely, using the terminology of Henry Smith, the use of legal “boundaries” (be they spatial or intangible) that “economize on information costs” by “hiding” classes of information “behind” those boundaries. In general, much of the “work” performed by the legal system is to reduce legal entropy by delineating, interpreting, and applying the law, a process that can in principle be quantified.

Islamic Law as a Comparable Model in Comparative Legal Research

2014 ◽  
Vol 3 (2) ◽  
pp. 186-202
Author(s):  
Hamid Harasani
Keyword(s):  
Islamic Law ◽  
Legal Systems ◽  
Legal Transplant ◽  
Legal Studies ◽  
Legal Method ◽  
Religious Law ◽  
The Subject ◽  
First World ◽  
Being Religious ◽  
Comparable Model

Increasingly, Islamic law has become the subject of comparative legal study. Further, in the applied sense, comparative legal studies’ greatest value lies in understanding our own legal systems, as well as benefiting from other legal systems by importing what we lack from them. Unlike secular legal systems, Islamic law, being religious in nature and having eschatological connotations, requires reworking the comparative legal method to take account of that. When it comes to religious laws, hermeneutics play a key role, as a religious legal system will only be receptive to foreign norms if such norms earn their place internally, following hermeneutic justification. Cultural and religious pride, as well as intellectual impartiality, decrees that a legal solution should not be preferable just because it comes from the First World. This paper will therefore formulate a methodology for comparative legal studies where religious law is one of the comparative models and there are potential suggestions of legal transplant.

scholarly journals Islamic Law and the Challenge of Modernity

2007 ◽  
Vol 24 (1) ◽  
pp. 98-101
Author(s):  
Mohammad Fadel
Keyword(s):  
Social Organization ◽  
Islamic Law ◽  
Social Institution ◽  
Arab State ◽  
Modern World ◽  
Legal Systems ◽  
Positive Law ◽  
Islamic Countries ◽  
Georgetown University ◽  
Meaningful Sense

This book includes eight articles on various aspects of Islamic law in themodern world, as well as an introduction by the two editors. The articles grew out of a symposium held at Georgetown University in 2001 under the title of“Arab Legal Systems in Transition.” Despite the book’s title, however, itdeals exclusively with the Arab world.That said, the articles are generally very interesting and, in some cases,provocative. Wael Hallaq’s article is the most provocative, for he suggeststhat because the traditional socioeconomic infrastructure that supported theShari`ah as a social institution in the pre-modern world has vanished in theface of the centralized state, the Shari`ah cannot be restored without revolutionaryinstitutional changes in the Arab state that would, at a minimum,give religious scholars the institutional independence to formulate a legitimatevision of Islamic law. While there can be little disagreement with Hallaq’s observation that thetraditional institutions are gone and will not return, I am not sure why heassumes that the only type of legitimate Islamic law is one formulated by anindependent class of jurists. May it not be the case that a centralized state,subject to democratic controls, could formulate positive legislation that conformsin a meaningful sense with the Shari`ah’s principles? After all, legalmodernity has generally meant the rise of positive law at the expense ofjudge-made law, with the former greatly eclipsing the latter in importanceand prestige. It is highly improbable that Islamic countries could, even ifthey wished, escape the need for ever more positive legislation to cope withthe unique problems posed by modern social organization ...

Comparative Law

2019 ◽  
Author(s):  
Uwe Kischel
Keyword(s):  
Islamic Law ◽  
Comparative Law ◽  
Customary Law ◽  
Jewish Law ◽  
Legal Systems ◽  
European Union Law ◽  
Legal Scholarship ◽  
Lex Mercatoria ◽  
Legal Contexts ◽  
General Aspects

This translation of Rechtsvergleichung offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and give a practitioner’s angle on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France as well as case studies of Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), Asian jurisdictions, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.

ACCOMMODATING RELIGIOUS LAW WITH A CIVIL LEGAL SYSTEM: LESSONS FROM THE JEWISH LAW EXPERIENCE IN FINANCIAL FAMILY MATTERS

2018 ◽  
Vol 33 (03) ◽  
pp. 481-503
Author(s):  
Avishalom Westreich
Keyword(s):  
Legal System ◽  
Family Law ◽  
Civil Law ◽  
Legal Pluralism ◽  
Jewish Law ◽  
Legal Systems ◽  
Religious Law

AbstractThe discussion of legal pluralism focuses on the coexistence of several legal systems, mainly religious and civil ones. But what happens when a process of assimilation—whether imposed or voluntary—characterizes the relationships between the systems? This article analyzes the fascinating process of assimilation of civil principles into religious law in the context of Jewish law and Israeli civil family law. Assimilation, as the article shows, is not the whole picture. The article reveals a corresponding (both open and implicit) struggle for the preservation of religious law principles despite the continuing efforts of civil law for their curtailment, or sometimes, elimination. The result, which is somewhat internally contradictory, suggests a normative pluralistic framework that enables both regimes—the civil and the religious—to preserve their core principles in family law matters.

scholarly journals Affirmation of Islamic artists on the example of Shirin Neshat and Mona Hatoum

2021 ◽  
pp. 253-270
Author(s):  
Tatjana Tomić
Keyword(s):  
Western World ◽  
Sociological Approach ◽  
Religious Worldview ◽  
The Arts ◽  
Art Scene ◽  
Islamic Women ◽  
Islamic Countries ◽  
Mona Hatoum ◽  
Islamic Faith

The role of women in Islamic countries is very different from the notion of women in Europe, because the religious worldview has been dominant for centuries so much that it has subdued all other spheres of society. The struggle for equality, which has been going on for decades in the so-called Western world, in Islamic countries is just getting started. Consequently, it is not surprising that the portrayal of women and everything related to them in the art and literature of Islamic countries is limited in relation to the West. Islam is a very strict religion and forbids the display of objects that lead to fetishism, such as human figures and cult images, because it represents a threat to the creative power of Allah. In the past, Islamic women did not have the opportunity to affirm themselves in the arts, because despite the fact that Islam does not support "discrimination" between men and women, at the same time it does not defend the idea of "equality". However, the postmodern era brings a revival, and today they are finally enjoying their rights and are greatly represented on the world art scene. By presenting historical themes, the artists in a special way convey emotional messages about the suffering of individual members of the Islamic faith, and in addition define and reexamine patriarchy, feminism and fundamentalism through their works. The themes of suffering are best depicted in the work of two Islamic women, Shirin Neshat and Mona Hatoum, so this paper will talk about their opus and the way in which Muslim women are affirmed in the modern age through historical-artistic and sociological approach.

2 The Origins and Sources of Jus Cogens

2021 ◽  
Author(s):  
Shelton Dinah
Keyword(s):  
Public Policy ◽  
International Law ◽  
Legal Systems ◽  
Legal Scholarship ◽  
Related Theory ◽  
Religious Law ◽  
General Principles Of Law ◽  
State Consent ◽  
Jus Cogens ◽  
Theoretical Foundations

This chapter traces the origins and sources of jus cogens. Jus cogens has been developed largely by international legal scholarship, which has attempted to identify the theoretical foundations of a world juridical order. Every classic author in the field of international law expounds a theory of the source of obligation and the nature of international law. They typically distinguish between voluntary or consensual law and compulsory norms that bind a state independently of its will. Some early writers found the source of compulsory law in divine or religious law binding all humans and human institutions. A related theory derives the concept of jus cogens from general principles of law, noting the existence of overriding public policy and superior norms in all legal systems. Finally, positivists rely on state consent for the origin, content, and functions of jus cogens.

scholarly journals PLURALISME HUKUM PERKAWINAN DI TAPANULI SELATAN

2019 ◽  
Vol 43 (1) ◽  
pp. 64
Author(s):  
Ikhwanuddin Harahap
Keyword(s):  
Human Life ◽  
Legal Pluralism ◽  
Qualitative Approach ◽  
Customary Law ◽  
State Law ◽  
Legal Systems ◽  
The South ◽  
Religious Law ◽  
North Sumatra ◽  
Marital Law

<p><strong>Abstrak:</strong> Pluralisme hukum merupakan fenomena universal yang dialami oleh semua bangsa. Ia mencakup berbagai aspek kehidupan manusia seperti hukum, politik, dan ekonomi. Pluralisme hukum adalah keniscayaan yang harus diterima. Dalam bingkai pluralisme hukum, masyarakat dihadapkan pada berbagai pilihan hukum, yaitu hukum adat, hukum agama dan hukum negara, tidak terkecuali masyarakat Tapanuli Selatan Provinsi Sumatera Utara. Masyarakat di daerah ini juga mengalami pluralisme hukum dalam bidang perkawinan. Paling tidak, tiga sistem hukum bisa menjadi pilihan mereka atau bahkan dengan melakukan kombinasi antar hukum yang ada. Penelitian ini dilakukan dengan pendekatan kualitatif fenomenologis untuk melihat bentuk relasi antar hukum yang hidup di tengah-tengah masyarakat Tapanuli Selatan. Temuan penelitian ini mendeskripsikan bahwa pada level tertentu, secara umum, keragaman hukum perkawinan merupakan sebuah harmonisasi, di mana masyarakat menggunakan dua sistem hukum bahkan lebih pada saat yang bersamaan. Namun ada kalanya pada situasi tertentu, keragaman hukum ini berubah menjadi “ketegangan”.</p><p><strong>Abstract:</strong> Legal Pluralism on Marriage in South Tapanuli. Legal pluralism is an universal phenomenon experienced by all nations. He covers various aspects of human life, such as law, politics and economics. Legal pluralism is a necessity that must be accepted. In the framework of legal pluralism, people are faced with a variety of legal choices, namely customary law, religious law and state law. No exception is the South Tapanuli community of North Sumatra Province. Communities in this area also experience legal pluralism in the field of marriage. At least, there are three legal systems that can be choosed or by combining existing laws. This research was conducted with a phenomenological qualitative approach to see the form of inter-legal relations that lived in the midst of the community of South Tapanuli. The findings of this study describe that at a certain level, in general, the diversity of marital law is a harmonization, in which people use two legal systems even more at the same time. But sometimes in certain situations, the legal pluralism turns into “tension”.</p><p><strong>Kata Kunci:</strong> pluralisme hukum, perkawinan, Mandailing, Tapanuli Selatan</p>

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