Introduction

Author(s):  
Rajnaara C. Akhtar ◽  
Patrick Nash ◽  
Rebecca Probert

This introductory chapter focusses on the status of cohabitants and those in religious only marriages, the similarities in how they are treated by the law and the potential solutions that could be adopted. It shows that law reform is needed in the light of new and evolving relationship norms and the poor outcomes on relationship breakdown for all cohabiting couples, including those in religious-only marriages. It considers legal solutions which fall broadly within two categories: (1) amend wedding laws to facilitate simpler procedures for legal recognition thereby encouraging more couples to legally marry; and (2) extend family law rights available to all legally recognised couples to include those in cohabiting relationships.

2003 ◽  
Vol 10 (1) ◽  
pp. 12-33 ◽  
Author(s):  
Anna Würth

AbstractI examine here the conditions that have impacted on family law reform in unified Yemen. I will argue that during the early 1990s, the political climate of post-unification Yemen was polarized between supporters of the status quo ante— advocates of laissez-faire in the North and state intervention in the South. This division rendered any meaningful debate on family law impossible. Drawing on urban court records from the 1980s to the mid-1990s, I will show that courts are frequented mainly by women of modest origins who sue for divorce and maintenance, but who are discriminated against by judicial interpretation. Elite women use the courts only rarely and are comparatively better served by current judicial interpretation; thus, they have little concern for changing provisions on divorce and maintenance. Evaluating debates on women's rights in the late 1990s, I will briefly introduce some governmental and non-governmental initiatives with respect to family law to gauge current possibilities for reform.


2018 ◽  
Author(s):  
Cynthia Grant Bowman

22 Child and Family Law Quarterly 387 (2010)The vast demographic and social changes of the twentieth century have produced a variety of new family forms – cohabiting couples, same-sex couples, an increased number of single-parent families, and extended families resulting from divorce, for example. The legal system in the United States has yet adequately to address the legal problems that these new family forms create. This article discusses a number of major issues that arise from this failure, including: (1) the sometimes negative impact of gender-neutral rules in divorce upon women and children; (2) the ambiguity and inadequacy of property and support obligations between cohabitants; (3) the legal incidents of non-residential conjugal relationships; (4) the incomplete revolution in the status of gay and lesbian couples; (5) relationships in the post-divorce family, such as those between stepparents and their stepchildren; and (6) the many conflict of laws questions that arise from inconsistent treatment of these issues by different states.


2020 ◽  
Vol 22 (2) ◽  
pp. 125-138
Author(s):  
Md Mizanur Rahman

Linitis plastica (LP) is a particular subtype of diffuse gastric cancer and is thought to have a separate entity in respect with its biological behaviour, pathology, presentation and treatment outcome. The poor prognosis of LP gastric cancer is due primarily to its advanced stage at diagnosis. The characteristic histopathological feature of this entity is cellular spread to the submucosa and stroma with minimal mucosal alterations accompanied by an excessive desmoplastic reaction. Despite recent research on alternative therapies, surgical resection appears the only potentially curative approach. Patient selection and multidisciplinary management are paramount when considering surgical resection in patients with gastric LP. The operative approach in patients with LP has historically been questioned because of the poor outcomes. The aim of this review is to highlight different dimension of linitis plastica stomach in respect to its definition, classification, clinico-pathological characters, diagnostic approaches and treatment outcome. Journal of Surgical Sciences (2018) Vol. 22 (2) : 125-138


2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay

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.


Author(s):  
Robert Leckey

Through the narrow entry of property disputes between former cohabitants, this chapter aims to clarify thinking on issues crucial to philosophical examination of family law. It refracts big questions—such as what cohabitants should owe one another and the balance between choice and protection—through a legal lens of attention to institutional matters such as the roles of judges and legislatures. Canadian cases on unjust enrichment and English cases quantifying beneficial interests in a jointly owned home are examples. The chapter highlights limits on judicial law reform in the face of social change, both in substance and in the capacity to acknowledge the state's interest in intimate relationships. The chapter relativizes the focus on choice prominent in academic and policy discussions of cohabitation and highlights the character of family law, entwined with the general private law of property and obligations, as a regulatory system.


Author(s):  
Chris Lorenz

This introductory chapter assesses the role of theory in history and traces the developments in the discipline of history. Theoretical reflection about the ‘true nature’ of history fulfils three interrelated practical functions. First, theory legitimizes a specific historical practice—a specific way of ‘doing history’—as the best one from an epistemological and a methodological point of view. Second, theory sketches a specific programme of doing history. Third, theoretical reflections demarcate a specific way of ‘doing history’ from other ways of ‘doing history’, which are excluded or degraded. The chapter then considers three phases of theoretical changes from analytical to narrative philosophy of history, and then on to ‘history from below’ and the ‘presence’ of history, ultimately leading to the current return of fundamental ontological and normative questions concerning the status of history and history-writing.


2020 ◽  
Vol 74 (1) ◽  
pp. 35-65
Author(s):  
Elisabeth Nössing

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.


2021 ◽  
Vol 19 (3) ◽  
pp. 143-175
Author(s):  
Aleksandra Kuczyńska-Zonik ◽  
Peteris F. Timofejevs

Over the last two decades, family law has undergone changes in Western Europe, widening the definition of marriage to include same-sex couples. In addition, some East European countries offer a legal recognition of civil unions of same-sex couples, while others do not offer any legal recognition at all. This diversity in family law has been recently challenged by developments at the European level. It is argued here that this constitutes an adaptational pressure on those European Union (EU) member states that do not offer any or offer only formal recognition of same-sex couples. We examine two cases when member states faced such an adaptational pressure, namely Estonia and Latvia, focusing on the interplay of two types of factors. First is that of formal institutions which, due to their constitutional role or their expertise in the EU law, may act as facilitators of legal changes. On the other hand, there are also political actors which have tried to constrain such an adaptation. We examine here especially the role of two political parties which have made a considerable effort to oppose the change in the two countries. It is argued here that the ideological orientation of these parties explains, at least partly, their opposition to the ongoing Europeanization of family law. The paper concludes with a discussion of the main findings and their implications.


Author(s):  
Noor Zaidan ◽  
J. Patrik Hornak ◽  
David Reynoso

Extremely drug resistant (XDR) Acinetobacter baumannii cause challenging nosocomial infections. We report the case of a patient with XDR A. baumannii pneumonia and septic shock successfully treated with cefiderocol and a novel antibiotic obtained via expanded access protocol. With focused research and drug development efforts, the poor outcomes associated with these infections may be mitigated.


2017 ◽  
Vol 10 (1) ◽  
pp. 49
Author(s):  
Danu Aris Setiyanto

This paper will focus on polygamy with a philosophical approach to Islamic law and directly associated with the marriage law in Indonesia. Polygamy is an issue in family law of Islam in the discussion of fiqih both classic and contemporary. Even polygamy is a discussion that is always debated theologically and anthropocentrically. In the positive law in Indonesia, polygamy is allowed with certain conditions which are strict and in it famous with the principle of monogamy. The main requirement of polygamy both in fiqih and in Act No. 1 of 1974 on Marriage is fair, both physically and spiritually. Polygamy is a right that can only be owned by the husband and not owned by the wife. In the philosophy of Islamic law, polygamy is certainly not due only to the satisfaction of mere biological. But more than that, polygamy is interpreted as a solution to resolve a number of social issues such as the poor orphans, protection of the poor widow, and others. Polygamy in philosophy also has the meaning of protection, to avoid lewdness, and justice for feminists. However, in practice in Indonesia, philosophy of polygamy in the Marriage Law considered  by some of parties, can not be realized effectively. This is due to the absence of strict sanctions, weak administration, and the lack of public awareness in obeying the rules of religion and the Marriage Law in Indonesia. [Tulisan ini akan difokuskan tentang poligami dengan pendekatan filosofis hukum Islam dan dikaitkan langsung dengan hukum perkawinan di Indonesia. Poligami merupakan isu dalam hukum keluarga Islam baik dalam pembahasan fikih klasik maupun fikih kontemporer. Bahkan poligami adalah pembahasan yang selalu diperdebatkan secara teologis maupun antroposentris. Dalam hukum positif di Indonesia, poligami diperbolehkan dengan syarat-syarat tertentu yang ketat dan di dalamnya terkenal dengan asas monogami. Syarat utama poligami baik dalam  fikih maupun dalam Undang-Undang No. 1 Tahun 1974 tentang Perkawinan adalah adil, baik secara lahir maupun secara batin. Poligami merupakan hak yang hanya dimiliki oleh suami dan tidak dimiliki oleh istri. Secara filosofi hukum Islam, poligami tentu saja bukan karena hanya untuk kepuasan biologis semata. Namun lebih dari itu, poligami dimaknai sebagai solusi untuk menyelesaikan sejumlah persoalan sosial seperti adanya anak yatim yang kurang mampu, perlindungan janda yang lemah dan lain-lain. Poligami secara filosofi juga memiliki makna perlindungan, menghindari perbuatan keji, dan keadilan bagi kaum feminis. Namun dalam praktinya di Indonesia, makna filosofi poligami dalam UU Perkawinan dianggap sejumlah pihak tidak dapat diwujudkan efektif. Hal ini disebabkan karena tidak adanya sanksi yang tegas, lemahnya administrasi, dan lemahnya kesadaran masyarakat dalam menaati aturan agama dan UU Perkawinan di Indonesia.]


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