Islamic Legal Reform: Sharī'a Court of Appeals and Maintenance for Muslim Wives in Israel

AbstractThe focus of this paper is the reform concerning maintenance. The sharī'a court for appeals in Israel created a substantial reform in sharī'a laws for maintenance. The underline of this reform is increasing the husband's obligation as to his wife. This obligation already exists in classical law and in the Ottoman family law from 1917, but the court emphasized and penetrated it so that the intermingling of Hanafī law, Ottoman family law and the court's ruling only widened the obligation of the husband. Thus, for example, the emphasis is articulated by applying obligation only on the husband, whereas the wife is not urged to go out for work. Moreover, the commitment for maintenance starts the day the contract is signed and not after the common life of the husband and the wife begins; there is no requirement for appointing experts in order to estimate the amount of maintenance; there is a widening of the responsibility for the dwelling; the fortification of the case law for acceptance of a nushūz (disobedience) claim; and control over the amounts decided by the sharī'a courts. In fact, this is a transition from one patriarchal position to another: from a patriarchal position based on a sharp dividing line of gender roles according to which the husband pays and the wife is paid, to another patriarchal position where the husband pays and the wife is paid larger amounts of money.

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Divorce Reform in the Sharia Court of Appeals in Israel (1992-2003)

Islamic Law and Society ◽

10.1163/156851906776917570 ◽

2006 ◽

Vol 13 (2) ◽

pp. 242-274 ◽

Cited By ~ 3

Author(s):

Moussa Abou Ramadan

Keyword(s):

Women's Rights ◽

Family Law ◽

Burden Of Proof ◽

Women’S Rights ◽

Religious Minorities ◽

Men And Women ◽

Muslim Society ◽

Court Of Appeals ◽

Main Components ◽

And Control

In this article, I study Article 130 of the Ottoman Family Law, which is still applied in Israel, with special attention to developments within the Sharia Court of Appeals between the years 1992 and 2003. I argue that this Court has encouraged reform regarding the issue of niza wa-shiqāq (quarrel and disagreement). This reform has four main components. First, it entails a weakening of the patriarchal concept that limits a woman's role within Muslim society, her authority over her body, and her movements. Second, it eases the burden of proof by lowering evidentiary requirements. Third, it improves the procedure of arbitration by better defining the suitability of the arbitrators and supervising the methods of their work. Fourth, it enables the Sharia Court to nominate arbitrators and control their decisions. This reform has improved women's rights to divorce and has made divorce a relatively easy option. The reform also makes it easier for both men and women to obtain divorce, particularly as compared to other religious minorities in Israel.

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Women who kill abusive partners: reviewing the impact of section 55(3) ‘fear of serious violence’ manslaughter – some empirical findings

Northern Ireland Legal Quarterly ◽

10.53386/nilq.v72i2.877 ◽

2021 ◽

Vol 72 (2) ◽

Author(s):

Susan S M Edwards

Keyword(s):

Legal Reform ◽

Intimate Partner Abuse ◽

Case Law ◽

Legal Framework ◽

Intimate Partner ◽

Self Control ◽

Abused Women ◽

Loss Of Self ◽

And Control ◽

The Impact

In October 2010, section 55(3) of the Coroners and Justice Act 2009 came into force, and ‘fear of serious violence’ was expressly included in the statute as a qualifying trigger for ‘loss of self-control’ voluntary manslaughter, a partial defence to murder. This development (albeit that it is a gender-neutral provision) was anticipated to be an important step in recognising the situation of a woman who, in fearing a partner’s violence, control and abuse, kills to preserve her own life. The provision is only operative where ‘fear of serious violence’ and ‘loss of self-control’ can be established, which, given its limitations, prohibits many women in fear of a partner’s violence and coercion from successfully using this defence. The author’s review of the legal reform and the case law, together with 40 homicide cases involving female defendants who killed intimate current or former partners (April 2011–March 2016) demonstrates that this defence, which promised to deliver justice for abused women, has been little used. Women’s vulnerability and fear and response to intimate partner abuse and control is still insufficiently understood and explored and is evident where juries return murder rather than manslaughter verdicts. Further reform is needed to the legal framework regarding this and other defences in order to achieve a just law by incorporating women’s experience of, and defensive response to, violence and control in its many forms.

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FINANCIAL CONTROLLING IN THE SYSTEM OF FINANCIAL MANAGEMENT

Knowledge International Journal ◽

10.35120/kij2801137y ◽

2018 ◽

Vol 28 (1) ◽

pp. 137-141

Author(s):

Petya Yordanova – Dinova

Keyword(s):

Comparative Analysis ◽

Financial Management ◽

Financial Stability ◽

Business Environment ◽

Innovative Approach ◽

Financial Sustainability ◽

The Common ◽

The Difference ◽

Effective Use ◽

And Control

This paper explores the comparative analysis of the financial controlling, who is a result from the common controlling concept and the financial management. In the specialized literature, financial controlling is seen as an innovative approach to financial management. It is often presented as the most promising instrument of financial diagnostics. Generally speaking, financial controlling is seen as a process of managing the company`s assets which are valued in monetary measures. The difference between the financial management and the financial controlling is that the second covers all functions of management, analysis and control of finances, aiming at maximizing their effective use and increasing the value of the enterprise. Financial controlling is often seen as a function of the common practice of financial management. Its objective is to preserve the financial stability and financial sustainability of enterprises operating in a highly aggressive business environment.

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Contemporary International Tribunals

10.1093/oso/9780190848194.003.0011 ◽

2017 ◽

Author(s):

Antonio Augusto Cançado Trindade Trindade

Keyword(s):

Ad Hoc ◽

International Criminal ◽

Case Law ◽

Nuclear Disarmament ◽

International Human Rights ◽

International Criminal Tribunals ◽

The Icj ◽

The Common ◽

International Human ◽

International Tribunals

In the course of 2016, international human rights tribunals (ECtHR, IACtHR and ACtHPR) kept on making cross-references to each other’s case-law, as well as to that of other international tribunals. The same has taken place on the part of international criminal tribunals (ICC and ICTFY), at a time of special attention to the preservation of the legacy of the ad hoc tribunals (ICTFY and ICTR). One could have expected the same from the ICJ, as to the case-law of other international tribunals, in its recent decisions in the cases concerning the Obligation of Nuclear Disarmament (2016), keeping in mind the common mission (of realization of justice) of contemporary international tribunals from an essentially humanist outlook.

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The Best Interests of the Child

The Oxford Handbook of Children's Rights Law ◽

10.1093/oxfordhb/9780190097608.013.11 ◽

2020 ◽

pp. 203-221

Author(s):

Wouter Vandenhole ◽

Gamze Erdem Türkelli

Keyword(s):

Human Rights ◽

Family Law ◽

Children's Rights ◽

Case Law ◽

Children’S Rights ◽

Best Interests ◽

Rights Of The Child ◽

European Court ◽

Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

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Inhibition of IL-13: A New Pathway for Atopic Dermatitis

Journal of Cutaneous Medicine and Surgery ◽

10.1177/1203475420982553 ◽

2020 ◽

pp. 120347542098255

Author(s):

Kayadri Ratnarajah ◽

Michelle Le ◽

Anastasiya Muntyanu ◽

Steve Mathieu ◽

Simon Nigen ◽

...

Keyword(s):

Monoclonal Antibody ◽

Atopic Dermatitis ◽

Severity Index ◽

Severe Atopic Dermatitis ◽

Treatment Alternative ◽

Control Groups ◽

Rapid Improvement ◽

Common Receptor ◽

The Common ◽

And Control

Dupilumab, a monoclonal antibody against the common receptor of interleukin (IL)-4 and IL-13, was the first biologic therapy approved in Canada for treatment of moderate-to-severe atopic dermatitis (AD). While it is considered safe and effective, dupilumab is not universally effective and 8%-38% of patients develop conjunctivitis, while some patients develop head and neck dermatitis. Thus, new therapeutic options are warranted. While both IL-4 and IL-13 play important roles in the pathogenesis of AD, it has been recently demonstrated that IL-13 is the primary upregulated cytokine in AD skin biopsy samples. A placebo-controlled phase 2b clinical trial evaluating the efficacy and safety of lebrikizumab, an IL-13 inhibitor, in AD demonstrated that, at 16 weeks, Eczema Area and Severity Index (EASI) 75 and Investigator’s Global Assessment (IGA) 0/1 were achieved by 60.6% and 44.6% of patients taking lebrikizumab at its highest dose (vs 24.3% and 15.3% of patients taking placebo, respectively). Moreover, treatment with lebrikizumab was associated with rapid improvement of pruritus and low rates of conjunctivitis (1.4%-3.8%). Another IL-13 monoclonal antibody, tralokinumab, was evaluated for safety and efficacy in moderate-to-severe AD. By week 12, among adults receiving 300 mg tralokinumab, 42.5% achieved EASI-75 and 26.7% achieved IGA 0/1 score (vs 15.5% and 11.8% in the placebo group, respectively). Both lebrikizumab and tralokinumab demonstrated acceptable safety profiles in AD (and non-AD) trials with adverse events often being comparable between treatment and control groups. Thus, IL-13 inhibitors may provide a safe and effective treatment alternative for patients with moderate-to-severe AD.

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Divorce on grounds of discord: Did the Moroccan family law reform bring the guarantee of divorce for women? An ethnographic perspective on the changing landscape of divorce. The Mudawwana a decade on

Asiatische Studien – Études Asiatiques ◽

10.1515/asia-2019-0025 ◽

2020 ◽

Vol 74 (1) ◽

pp. 35-65

Author(s):

Elisabeth Nössing

Keyword(s):

Women's Rights ◽

Family Law ◽

Age Groups ◽

Case Law ◽

Family Court ◽

Law Reform ◽

Women’S Rights ◽

Mena Region ◽

Men And Women ◽

Moroccan Family

AbstractThis article discusses the new divorce on grounds of discord procedure (taṭlīq li-š-šiqāq) within the context of the Moroccan family law reform of 2004. Literature available in English and French has, so far, focused primarily on the improvements the Moroccan family law reform has brought in regard to women’s rights. The reform is considered one of the most progressive legislative projects in the MENA region and a milestone for gender equality, notably the reform of divorce law. Divorce on grounds of discord was seen as the long-awaited divorce guarantee for women. However, legal scholars maintained that case law jeopardised the divorce guarantee. This legal-anthropological study is informed by fieldwork at the family court in Rabat, as well as official statistics, case law and the standard legal commentary. It aims to scrutinise how divorce on grounds of divorce is put into practice by the judiciary, how Moroccan men and women make use of it and how changes on a procedural and institutional level affect the implementation of the new divorce procedure. My empirical findings show that divorce on grounds of discord effectively guarantees Moroccan women’s right to divorce. Well beyond the discussion on women’s rights in divorce, I will demonstrate that, within a decade, divorce on grounds of discord developed into a standard divorce procedure for both men and women across socio-economical milieus and age groups.

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