The Politics of the Family Law Reform Movement in Contemporary Korea: A Contentious Space for Gender and the Nation

2006 ◽  
Vol 11 (1) ◽  
pp. 93-125 ◽  
Author(s):  
Ki-young Shin
Keyword(s):  
Family Law ◽  
Reform Movement ◽  
Law Reform ◽  
The Family

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 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.  

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.

The Attempt to Reform Family Law in Mali

2009 ◽  
Vol 49 (3-4) ◽  
pp. 398-428 ◽  
Author(s):  
Benjamin F. Soares
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Law Reform ◽  
Women’S Rights ◽  
Political Liberalization ◽  
Social Reforms ◽  
The Family ◽  
Ultimate Outcome ◽  
Family Code ◽  
Alternative Reading

AbstractIn this paper, I am concerned with understanding the recent efforts to reform the laws governing marriage and inheritance, the code de la famille or the Family Code in Mali. Since the advent of multiparty elections in the 1990s, prominent members of the Malian government and civil servants, Malian women's rights activists, secular NGOs, and international and bilateral donors have made efforts to promote various social reforms, including the advancement of women's rights and the promotion of gender equality, particularly through changes in the Family Code. While some observers have attributed the lack of reform to the increased influence of “Islamists” and/or to religiously conservative Muslims, I draw on historical research and ethnography to propose an alternative reading of the lack of institutional law reform. As I argue, the gap between Malian civil law relating to the family and the lived experiences and social practices of many Malians, who are overwhelmingly Muslim, has become even more apparent in this era of political liberalization and promotion of global human rights discourses. This has helped to make such proposed social reforms as the promotion of women's rights and family law reform more contentious and the ultimate outcome even more uncertain.

The silent minority: The voice of the child in family law

2003 ◽  
Vol 28 (4) ◽  
pp. 31-38 ◽  
Author(s):  
Amanda Shea Hart
Keyword(s):  
Family Relationships ◽  
Family Law ◽  
Well Being ◽  
Best Interests ◽  
Law Reform ◽  
Value Judgments ◽  
Rights Of The Child ◽  
The Family ◽  
The Right ◽  
The Voice

Family law in Australia is an important and unique jurisdiction that directly impacts upon the well-being and future family relationships of children whose families are in dispute over post separation parenting arrangements. The United Nations Convention on the Rights of the Child states that children have the right to participate in decisions that directly affect them. But there are many barriers and tensions to children's participation in the jurisdiction of family law in Australia. Decisions said to be in the child's ‘best interests’ are influenced by value judgments and beliefs that are informed by dominant western discourses on the needs and competencies of children. In practice under the Family Law Reform Act 1995 children remain marginalised without an effective voice. Failure to hear the voice of the child is of special concern for children who have been traumatised by exposure to family violence and ongoing conflict. It is important to develop new understandings about children and the importance of giving children a voice.

scholarly journals Les lignes de force de la Loi 89 instituant un nouveau Code civil et portant réforme du droit de la famille

2005 ◽  
Vol 22 (2) ◽  
pp. 297-307
Author(s):  
Marie-José Longtin
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Civil Code ◽  
Self Determination ◽  
Law Reform ◽  
The Family ◽  
Civil Code Of Quebec ◽  
Mandatory Rules ◽  
Code Civil

The family law reform is based upon several principles among which the legislation seeks to create a certain balance. The new legislation approaches the question of that balance under four themes : 1. The equality between man and woman - an equality sometimes intruded upon in order to protect one of the spouses or to strengthen his or her self-determination ; 2. the spouses' freedom to arrange their family relations as they see fit, but a freedom limited by several mandatory rules in order to ensure a greater measure of equality for each ; 3. the equality between children regardless of the circumstances of their birth or their form of filiation - an equality strengthened by rules devised to protect their interests ; 4. the increased intervention of the judiciary authaurised mostly for promotive self-reconciliation by the parties. The following comments try to illustrate how these four principles are embodied in book two of the Civil Code of Quebec, book which must be construed according to the Legislator's expressed view for overriding equality, simplicity and flexibility.

scholarly journals From the Liberation of Women to the Liberation of Men? A Century of Family Law Reform in Egypt

2017 ◽  
Vol 7 (1) ◽  
pp. 88-104
Author(s):  
Nadia Sonneveld
Keyword(s):  
Middle East ◽  
Family Law ◽  
Law Reform ◽  
Legal Rights ◽  
Authoritarian Rule ◽  
The Family ◽  
Islamic Religion ◽  
Authoritarian Government ◽  
Muslim Family

To what extent have notions of manhood and womanhood as incorporated in Egyptian Muslim family law changed over the course of almost a century of family law reforms, and why? In answering this question, I draw on the works of two Egyptian intellectuals, Qasim Amin and Azza Heikal, because they discussed ideas about manhood and womanhood in relation to Islamic religion and authoritarian rule. My analysis shows that there is a dire need within studies on gender in the Middle East to assess the effectiveness of family law reform on both women’s and men’s agency. After all, when an authoritarian government introduces legislation that enhances women’s legal rights with regard to the family but does not reform men’s legal rights inside that same family, it is not surprising that when political oppression ends, disenfranchised men will try to abolish the laws that expanded their wives’ freedom and curtailed theirs.

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