The Perils and Pitfalls of Formal Equality in Australian Family Law Reform

2018 ◽  
Vol 46 (3) ◽  
pp. 367-396 ◽  
Author(s):  
Belinda Fehlberg ◽  
Lisa Sarmas ◽  
Jenny Morgan
Keyword(s):  
Gender Equality ◽  
Family Law ◽  
Law Reform ◽  
Men And Women ◽  
The Past ◽  
Australian Family ◽  
The Family ◽  
Alternative Approaches ◽  
Formal Equality

In this paper, we identify the influence of formal equality—and more specifically, formal gender equality (that is, treating men and women the same)—in central areas of major Australian family law reform over the past 20 years. Given the influence of formal equality and our concerns regarding this trend, we consider whether equality-based arguments should be abandoned entirely, at least in the family law context, and explore alternative approaches that could reframe the debate.

scholarly journals Perspektif Alkitab Tentang Kesetaraan Gender dan Implikasinya Bagi Pendidikan Agama Kristen

2021 ◽  
Vol 2 (2) ◽  
pp. 160
Author(s):  
Yunardi Kristian Zega
Keyword(s):  
Qualitative Research ◽  
Gender Equality ◽  
Vital Role ◽  
Literature Study ◽  
Men And Women ◽  
Interesting Issue ◽  
The Past ◽  
Unfair Treatment ◽  
The Family ◽  
Christian Leaders

Gender equality is still an interesting issue to be discussed today. Most people, especially those living in various regions in Indonesia, still misinterpret this. Gender equality is seen as an act that puts women first. In Christian circles, this thought is caused by Christian leaders in the past who gave teachings about gender who had unfair treatment between men and women. To provide a solution to these problems, the author uses qualitative research with the literature study method. The author finds that, gender is a characteristic that can be exchanged between each other and can be shared by both. Allah distinguishes the sexes but does not differentiate between the roles of the two. Thus, PAK plays a vital role in building gender understanding in the family and community, especially in the field of education, and in the field of education. AbstrakKesetaraan gender masih menjadi isu menarik untuk diperbincangkan hingga saat ini.  Sebagian besar masyarakat khususnya yang tinggal di berbagai wilayah di Indonesia, masih salah mengartikan hal tersebut. Kesetaraan gender seolah-olah dianggap sebagai tindakan menomorsatukan perempuan. Dalam lingkungan Kristen, pemikiran ini disebabkan karena adanya para tokoh Kristen di masa lalu yang memberikan ajaran tentang gender yang membuahkan perlakuan tidak adil antara laki-laki dengan perempuan. Untuk memberi solusi permasalahan tersebut, penulis menggunakan penelitian kualitatif dengan metode studi pustaka. Penulis menemukan bahwa, gender adalah sebuah karakteristik yang dapat saling dipertukarkan antara satu sama lain dan dapat dimiliki oleh keduanya. Allah membedakan jenis kelamin manusia tetapi tidak membedakan peran antara keduanya. Dengan demikian, PAK berperan penting untuk membangun pemahaman kesetaraan gender di dalam lingkungan keluarga, masyarakat khususnya di bidang pendidikan, dan di gereja.

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
The Real ◽  
The Past ◽  
Marriage And Divorce ◽  
Conversion To Islam ◽  
Family Issues ◽  
The Law ◽  
Muslim Family

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

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

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.

scholarly journals TAFSIR GENDER

2016 ◽  
Vol 10 (1) ◽  
pp. 79-98
Author(s):  
Tri Wahyudi Ramdhan
Keyword(s):  
Gender Equality ◽  
Gender Bias ◽  
Historical Context ◽  
Men And Women ◽  
The Past ◽  
Limited Role ◽  
Islamic Thought ◽  
Role Of Women ◽  
At Will

Traditional Islamic thought in general provides limited role of women as wives and mothers. Based on the view of classical Islamic texts and literature are still seen that women are still marginalized, or in other words, women are still under the domination of men. Therefore, women need to construct a discourse or text at will. It is undeniable that the interpretation of the classical scholars on the concept of equality of men and women from the perspective of today may well be judged as biased. For interpretations of the past can not be released to the socio-historical context of the time. Departing from the problems mentioned above then this article would like to see and analyze how the concepts offered and presented Islam in view of gender equality between men and women starting from the concept of gender so that the concept of gender bias by sex.Selanjutnyan followed by a discussion of the word gender mufrodat in the Qur'an and concludes with the interpretation of the discourse of gender equality. Dalama This commentary will set forth the extent where the equality between men and women

scholarly journals Status of Women in Uzbekistan through the Prism of Family Relationship and Education

2021 ◽  
Vol 58 (1) ◽  
pp. 1069-1077
Author(s):  
Natalya Bazarovna Rajapova, Manzura Nasrullaevna Nazarova
Keyword(s):  
Social Development ◽  
Gender Equality ◽  
Gender Stereotypes ◽  
State Policy ◽  
Family Relationship ◽  
State Regulation ◽  
Economic Life ◽  
Men And Women ◽  
The Family ◽  
Status Of Women

The article examines the historically established concepts of the differences and similarities in men and women. Gender stereotypes that hinder the economic, cultural, social development of girls and women. Examples of reforms carried out in the society to establish gender equality are given. The goals of involving women in social activities and the economic life of the country, the formation and change of official concepts of state regulation of the family are investigated.Fundamentals of the gender order formed by state policy to achieve gender equality at the present time.

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 DESAFIOS DA PASTORAL FAMILIAR PARA A VIDA PLENA E A COMUNHÃO MISSIONÁRIA

2016 ◽  
Vol 31 (1) ◽  
Author(s):  
João Carlos Petrini
Keyword(s):  
Men And Women ◽  
Cultural Challenges ◽  
The Past ◽  
The Family ◽  
People Today

Resumo: O autor faz uma séria análise crítica dos grandes desafios que a família enfrentanos tempos atuais. Alguns dependem da organização das sociedades modernas. Outrassão de caráter antropológico e dependem das mudanças culturais, éticas e religiosas queestão acontecendo. Essas mudanças colocam em questão valores e horizontes de realizaçãohumana que orientaram durante milênios a conduta de homens e de mulheres em busca dafelicidade, mas também produzem sofrimentos e feridas abertas em muitas pessoas. Discute-sehoje: o que significa ser homem, ser mulher e por que não decidir o próprio gênero de modoautônomo e livre de condicionamentos biológicos e sociais? Não será melhor desfazer todosos vínculos que nos amarram, impedindo que sejamos livres para novas formas de realizaçãoque poderão aparecer no horizonte? É mesmo verdade que que a maternidade e a paternidadesão essenciais à realização humana de uma pessoa adulta? Ou, antes, não será isto umaimposição da cultura originada no passado e da qual hoje nós podemos nos libertar? Diantedessas perguntas, aumenta o número dos que manifestam certezas que nascem não daexperiência e, sim, de construções ideológicas. Nesse contexto, reconhece-se a importânciaa ser dada aos ensinamentos cristãos a respeito do matrimônio e da família.Palavras-chave: Família e mudanças; Desafios culturais; Consolidação da família.Abstract: The author analyses very critically the big challenges the family has to cope within the present times. Some result from the organization of modern societies. Other are ofan anthropological character and depend on the cultural, ethical and religious changesthat are going on. These changes defy values and horizons that for millennia guided thebehavior of men and women in their looking for happiness, but also do cause sufferings andopen wounds in many people. Today people question what does it mean to be a man, tobe a woman, and why not to decide one’s gender autonomously and without biological andsocial conditionings? Wouldn’t be it better to undo all the bonds that tie us, preventing usto be free to test new forms of realization that could appear? Is it really true that maternityand paternity are essential to the human realization of and adult person?Or, on the contrary, wouldn’t it be an imposition by a culture from the past and from whichwe could free us? Before these questions, grows the number of people who show certaintiesthat are born not from experience but, on the contrary, from ideological constructions.In this context, one acknowledges the importance to be given to the Christian teachingsabout marriage and family.Key-words: Family and changes; cultural challenges; consolidation of the family.

scholarly journals Islamic Family Law Reform: Problems and Prospects

ICR Journal ◽  
2011 ◽  
Vol 3 (1) ◽  
pp. 37-52
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Community Development ◽  
Family Law ◽  
First Century ◽  
Law Reform ◽  
International Institute ◽  
Special Issue ◽  
International Conference ◽  
Islamic Thought ◽  
The Family ◽  
Islamic Family Law

This Special Issue of Islam and Civilisational Renewal carries selected papers from the ‘International Conference on the Family Institution in the Twenty-First Century: Ideals and Realities’, held at IAIS Malaysia on 13-14 December 2010. The event was jointly organised by IAIS Malaysia, the Institute of Islamic Understanding Malaysia (IKIM), Yayasan Pendidikan Islam (YPI), Yayasan Ubaidi, the Journalists and Writers Foundation, Istanbul, Turkey, the International Institute of Islamic Thought (IIIT), and the Malaysian Turkish Dialogue Society, and officiated by Senator Dato, Sri Sharizat Abdul Jalil, Malaysia’s Minister of Women, Family and Community Development.  

Tingkat Kesetaraan Gender dalam Rumah Tangga Peserta Program Kawasan Rumah Pangan Lestari (KRPL)

2020 ◽  
Vol 4 (2) ◽  
pp. 207
Author(s):  
Audia Rahma ◽  
Siti Amanah
Keyword(s):  
Food Security ◽  
Gender Equality ◽  
Agricultural Extension ◽  
Social Value ◽  
Responsibility To Protect ◽  
Men And Women ◽  
The Family ◽  
The Village ◽  
Depth Interviews ◽  
Reserve Food

Sustainable Reserve Food Garden (SRFG) is a program initiated by the Ministry of Agriculture to increase households food security. The program involves the households that consist of men and women in the activities of SRFGP. To see whether the program has addressed gender equality,  the research aims to analyze how the beneficiary households characteristics of SRFG, how men, women in the beneficiary households divides the division of labours and how the external supports towards the implementation of SRFGP. A census was conducted to 46 beneficiary households of SRFGP who are members of the Melati, Dahlia, and Mawar Women's Farmers Group (WFG) also supported by in-depth interviews to six informants including three chiefs of each WFG, chief of combined farmer group (CFG), agricultural extension officer, and the Village Head of Cikarawang. Most of the beneficiary households have a low level of gender equality in the implementation of SRFGP. The results show the issues of subordination and multi burden that experienced by women in the division of labours arises due to strong social value in the community, women are conceived to be responsible to activities such as managing the households and family, whilst men embedded as head of the family and responsibility to protect the family socio-economically.Keywords: gender equality, rural households, SRFGABSTRAKKawasan Rumah Pangan Lestari (KRPL) merupakan program yang dikembangkan oleh Kementerian Pertanian guna memenuhi ketahanan pangan rumah tangga. Program ini melibatkan rumah tangga yang terdiri dari laki-laki dan perempuan dalam kegiatan Program KRPL. Untuk melihat apakah program ini telah menerapkan prinsip kesetaraan gender, penelitian ini bertujuan untuk menganalisis bagaimana karakteristik rumah tangga peserta Program KRPL, bagaimana pembagian kerja dalam rumah tangga peserta dan bagaimana dukungan lingkungan dalam pelaksanaan Program KRPL. Sensus dilakukan terhadap 46 rumah tangga peserta Program KRPL anggota Kelompok Wanita Tani (KWT) Melati, Dahlia, dan Mawar juga didukung wawancara mendalam kepada enam informan yaitu tiga ketua masing-masing KWT, ketua gapoktan, penyuluh pertanian, dan Kepala Desa Cikarawang. Sebagian besar rumah tangga peserta memiliki tingkat kesetaraan gender yang rendah dalam pelaksanaan Program KRPL. Hasil penelitian menunjukkan terdapat Isu subordinasi dan  beban kerja ganda yang dialami perempuan dalam pembagian kerja rumah tangga muncul akibat kuatnya nilai sosial dalam masyarakat yang dominan menempatkan perempuan pada kegiatan mengatur urusan rumah dan keluarga, sementara laki-laki sebagai kepala keluarga lebih dikhususkan untuk melindungi keluarga secara sosial ekonomi.Kata kunci: kesetaraan gender, Program KRPL, rumah tangga di pedesaan

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