scholarly journals Breaking Up the Family: Divorce in Egyptian Law and Practice

Hawwa ◽  
2008 ◽  
Vol 6 (1) ◽  
pp. 52-74 ◽  
Author(s):  
Nathalie Bernard-Maugiron ◽  
Baudouin Dupret
Keyword(s):  
Twentieth Century ◽  
Legal Status ◽  
Family Law ◽  
Legal Reforms ◽  
Effective Implementation ◽  
The Family ◽  
Legal Texts ◽  
Personal Status ◽  
Sociological Approaches ◽  
Status Of Women

AbstractIf the legal status of women wishing to end an unhappy marriage has undoubtedly improved through the codification process of personal status law in Egypt in the twentieth century, it still remains very unequal in comparison to the privileges enjoyed by men in that field. Moreover, the practical effects of these legal reforms can be questioned. This chapter will study marriage breakups in Egypt through both legal and sociological approaches. Legal texts governing family law will first be examined to expose the different ways marriage can be broken up and how the reforms were legitimated by reference to sharî'a principles. Then the various obstacles that impede the effective implementation of these reforms will be exposed, to stress that the study of law should capture the language of law in action and not only of law in books.

Women, Islam, and the Moroccan State: The Struggle over the Personal Status Law

2005 ◽  
Vol 59 (3) ◽  
pp. 393-410 ◽  
Author(s):  
Bruce Maddy-Weitzman
Keyword(s):  
Family Law ◽  
Women's Groups ◽  
New Family ◽  
Women’S Groups ◽  
Political Forces ◽  
Personal Status ◽  
The Status ◽  
The Subject ◽  
Status Code ◽  
Status Of Women

Since 1991, the status of women in Morocco has been the subject of widespread debate. Efforts by women's groups and liberal political forces to change the Shari'a-based Personal Status Code (moudawwana), were vigorously opposed by conservative and Islamist forces. For both sides, the issue was central to their overall orientations towards “tradition” and “modernity”. King Muhammad VI ultimately tipped the balance in favor of change. The resulting new Family Law may well mark a milestone in Moroccan society's evolution.

scholarly journals Protection of women rights through legal reforms in Pakistan

2013 ◽  
Vol 3 (4) ◽  
pp. 119
Author(s):  
Naveeda Noreen ◽  
Prof. Dr. Razia Musarrat
Keyword(s):  
Negative Impact ◽  
Active Role ◽  
Work Place ◽  
Women Empowerment ◽  
Legal Reforms ◽  
Effective Implementation ◽  
The Status ◽  
Building Activities ◽  
Women Rights ◽  
Status Of Women

This paper presents the status of women rights in Pakistan and protection of these rights under the umbrella of legal reforms. After independence the women of Pakistan played an active role in nation building activities as well for their own social uplift. International organizations played special attention towards the issue of women empowerment During Ayub Era Muslim Family Law Ordinance 1961 was promulgated which is regarded as a first step forward for the protection of women rights. During Zia regime discriminatory laws were introduced which disturbed the equilibrium between male and female in the society. These laws put a negative impact on the status of women. Women organizations protested against Hudood Laws and demanded to repeal it. During the period of Musharruf new laws were introduced for the protection of women rights(women Protection Act 2006),it is regarded as golden era in context of legislation made for women empowerment .The process of legal reforms is in progression .The women are still subjugated to many criminal acts like harassment at work place ,attempted rape and acid throwing. There is a need of devising effective implementation mechanism in true letter and spirit for the safeguard of women rights.

scholarly journals A Revolution in Muslim Family Law? Egypt’s Pre- and Post-Revolutionary Period (2011-2013) Compared

2015 ◽  
Vol 5 ◽  
Author(s):  
Nadia Sonneveld ◽  
Monika Lindbekk
Keyword(s):  
Family Law ◽  
Transitional Period ◽  
Law Reform ◽  
New Right ◽  
Old Regime ◽  
Egyptian Revolution ◽  
Legal Reforms ◽  
The Family ◽  
Male Authority ◽  
Revolutionary Period

In the weeks following the Egyptian revolution of 2011, a group of divorced fathersrose to demand a “revolution in family law.” Portraying extant family law provisions assymbolic of the old regime and as deviating from the principles of shariʿa, their call was givenprominent media attention and, in the ensuing transitional period (2011 to 2013), women’srights and family law emerged as contentious areas in Egypt.By comparing public debates on family law reform in the decade preceding the 2011revolution to the two years following it, we argue that Egypt’s “revolution in family law”actually started a decade earlier, in 2000, when Egyptian women’s new right to divorceunilaterally rocked the country.1 This set in motion other legal reforms that challengedfundamental aspects of male authority in the family and slowly led to the emergence ofinnovative conceptions of motherhood and fatherhood.

scholarly journals Crime Scene Photography in England, 1895–1960

2018 ◽  
Vol 57 (1) ◽  
pp. 53-78 ◽  
Author(s):  
Amy Bell
Keyword(s):  
Twentieth Century ◽  
Legal Status ◽  
Crime Scene ◽  
Film Noir ◽  
Documentary Photography ◽  
Historical Evolution ◽  
Direct Transfer ◽  
Landscape Photography ◽  
The Family ◽  
The Moment

AbstractThis article discusses the development of techniques and practices of murder crime scene photography through four pairs of photographs taken in England between 1904 and 1958 and examines their “forensic aesthetic”: the visual combination of objective clues and of subjective aesthetic resonances. Crime scene photographs had legal status as evidence that had to be substantiated by a witness, and their purpose, as expressed in forensic textbooks and policing articles, was to provide a direct transfer of facts to the courtroom; yet their inferential visual nature made them allusive and evocative as well. Each of four pairs of photographs discussed reflects a significant period in the historical evolution of crime scene photography as well as an observable aesthetic influence: the earliest days of police photography and pictorialism; professionalization in the 1930s, documentary photography, and film noir; postwar photographic expansion to the suburban and middle class, advertising images of the family and home; and postwar elegiac landscape photography in the 1950s and compassion shown to infanticidal mothers. Crime scene photographs also demonstrate a remarkable shift in twentieth-century forensic technologies, and they reveal a collection of ordinary domestic and pastoral scenes at the moment when an act of violence made them extraordinary.

scholarly journals A New Vision of Subjects of Family Legal Relations

2020 ◽  
pp. 98-116
Author(s):  
Maryna BORYSLAVSKA
Keyword(s):  
Detailed Analysis ◽  
Legal Status ◽  
Family Law ◽  
Legal Regulation ◽  
The Body ◽  
Single Individual ◽  
Legal Personality ◽  
The Family ◽  
Family Code ◽  
Legal Consequences

The article examines the features of subjects of family law. As a result of the analysis, the conclusion that family legal relations can arise exclusively between individuals was further confirmed. Various proposals of scientists to expand the range of participants in family legal relations were analyzed, in particular, by including a surrogate mother there. It has been established that the Family Code of Ukraine regulates legal relations with the participation of such entities, which do not directly apply to participants in family legal relations. Among them it is possible to call the actual tutors and pupils, the actual spouses, the former spouses, the guardian, the tutor, other subjects where the orphan children and children deprived of parental guardianship are placed. The rationale for establishing in the Family Code a circle of persons whose relations are not regulated by the Code, but are governed by moral and ethical standards, is justified. The study of the subject of family law departs from the traditional doctrinal approach, according to which he is analyzed from the point of view of his legal capacity. At the same time, emphasis is placed on the person of the individual, and in fairly atypical cases. In this regard, a special detailed analysis of the following situations (phenomena) has been carried out: the sex of an individual and the change (correction) of gender; the problem of determining the number of natural persons (if they are twins) and the specificity of their participation in family legal relations; the possibility of recognizing a single individual as a subject of family law; the legal status of the deceased person subject to cryopreservation and the prospect of his legal status. It is established that it is for family law that the sex of an individual (female or male) is very important. Accordingly, the change in gender has very serious consequences for the participants in this relationship. It is justified that their lack of adequate legal regulation is a negative phenomenon. It is proposed to provide in the legislation with a provision according to which changing the sex of one of the spouses is the reason for the termination of the marriage. It has been established that a single person cannot be considered a subject of family legal relations. A detailed analysis of the existing experience of the life of Siamese (united) twins allows us to summarize that there are no and apparently cannot be unified approaches to recognizing their legal personality. Certain problematic issues of marriage and parental legal relations of Siamese twins are considered. A general analysis of the current situation regarding the capabilities of cryonics to preserve the human body (its parts) has been carried out. It has been established that these relationships are gaining popularity, which requires the search for solutions to the legal consequences of thawing such persons, including family legal consequences. During the preparation of the article, the experience of foreign countries and historical experience in the field of family and other related legal relations were actively investigated. Keywords: individual, subject (participant) of family legal relations, change (correction) of a person’s gender, legal personality of Siamese (united twins), a single individual, cryopreservation of the body (brain) of an individual.

scholarly journals Framing Rights: Women and Family Law in Pre- and Post- Revolutionary Iran

2015 ◽  
Vol 5 ◽  
Author(s):  
Arzoo Osanloo
Keyword(s):  
Legal Status ◽  
Family Law ◽  
Women's Roles ◽  
Religious Leadership ◽  
Legal Reforms ◽  
Women’S Roles ◽  
Before And After ◽  
The Republic ◽  
Islamic Society ◽  
The Revolution

This article explores changes to Iran’s family law codes before and after the 1979revolution. Since the revolution, the state’s attention to women’s legal status has served toreinforce specific and often competing views on women’s roles in the post-revolutionaryIslamic Republic of Iran. By exploring how those views changed during different periods overthe past thirty-five years, this article highlights contemporary debates about women’s rolesand offers a deeper understanding of the sometimes conflicting aims of legal reforms. Aninvestigation into changing family laws and the state’s emphasis on women’s roles alsopermits deeper understanding of the persistent debates about Islam, the republic, and how,for the conservative religious leadership, women serve the wider project of delivering autopian Islamic society. 

Inside the Castle

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Twentieth Century ◽  
Social History ◽  
Family Life ◽  
Family Law ◽  
The United States ◽  
Sexual Revolution ◽  
Gay Marriage ◽  
Sex Behavior ◽  
The Family ◽  
Modern Family

This book is a comprehensive social history of twentieth-century family law in the United States. The book shows how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear—all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. This book tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.

scholarly journals The legal and legitimate rooting for the issue of alimony in the Iraqi Personal Status Law

2021 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Nasren Abubakr Othman ◽  
Khaled Mohammad Salah
Keyword(s):  
Building Block ◽  
Basic Building Block ◽  
Feminist Organizations ◽  
The Family ◽  
Legal Texts ◽  
Personal Status ◽  
Marriage Contract ◽  
Inalienable Rights ◽  
The Law ◽  
The Stability

Marital alimony is one of the inalienable rights of the wife over her husband according to the correct marriage contract, and it is one of the effects of the marriage contract, and this alimony has great importance in marital life and a prominent role in the stability of the family, which is the basic building block of society. The alimony comes in exchange for the wife's obedience to her husband And devote herself to manage her home and rearing her children .In recent times, some doubts have been raised about the feasibility and justification of alimony, as some feminist organizations considered Feminism  it a means of humiliating women and a reason for the wife’s subordination to her husband.  So she demanded to be removed from the law.  The purpose of this research is to demonstrate the legal and legitimate basis for the issue of alimony, and the extent of the legislator’s authority to raise or amend it, with an indication of the legality and legitimately of the amendments made to the articles related to alimony in the Iraqi Personal Status Law under the Amendment Law No. (15) of 2008,  and it’s through  the statement of the verses, hadiths, and legal texts related to alimony, and the views of the jurists in their analysis and interpretation.

scholarly journals The Family Law Status of a Parent: Some Issues of the Theory and Practice

2021 ◽  
Vol 1 ◽  
pp. 3-6
Author(s):  
Olga V. Kuptsova ◽  
Keyword(s):  
Legal Status ◽  
Family Law ◽  
Theory And Practice ◽  
The Family ◽  
Living Together ◽  
The Status ◽  
Moral Damage ◽  
Legal Position ◽  
The Russian Federation ◽  
A Minor

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.

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