scholarly journals TAFSIR MAQĀŞID DENGAN PENDEKATAN GENDER TERHADAP AYAT-AYAT HUKUM KELUARGA

AL-HUKAMA ◽  
2018 ◽  
Vol 7 (2) ◽  
pp. 249-279
Author(s):  
Suqiyah Musyafaah
Keyword(s):  
Family Law ◽  
Family Wealth ◽  
Guardianship Law ◽  
The Family ◽  
Close Relationship ◽  
Gender Perspectives ◽  
And Gender ◽  
Harmonious Family ◽  
Loving Relationship ◽  
Husband And Wife

This research focuses on rediscovering the verses about the establishment of the family law and the events or the reason of the revelation of the verses. It is then analyzed within the frame of maqāşid and gender approach. The verses can be classified into 3 areas, among others; (a) family law verses starting from marriage to separation either due to death or divorce, (b) the guardianship law verses of the immature child; (c) verses of family wealth law (amwāl al-usrah) which includes inheritance, wasiyat, endowment and everything related to acceptance and or giving. The usage of maqāşid and gender perspectives are based on chapter al-Rūm (30): 21; that marriage rules are aimed to building a harmonious family, which spawns a loving relationship between husband and wife, and compassion among their children. The harmony is awakened through close relationship among husband, wife, and children who are able to fulfill their rights and obligations of each with full of love and affection. Each has the ability to control such rights and obligations freely and proportionately.

scholarly journals The Islamic Perspective on The Improvement of Family Economy in The New Normal

2021 ◽  
Vol 5 (1) ◽  
pp. 252
Author(s):  
Iskandar Budiman
Keyword(s):  
Phenomenological Approach ◽  
Equal Rights ◽  
New Normal ◽  
Positive Law ◽  
Family Economy ◽  
The Family ◽  
Public Rights ◽  
Normative Justification ◽  
Harmonious Family ◽  
Husband And Wife

This paper concerns with how to build a balance of rights and obligations of husband and wife in fulfilling the economic needs of the family, especially in unusual circumstances. The paper aims to give an overall picture of the authority of the husband and wife regarding the domestic and public rights in the family, as well as to deal with the issue on family economy during the Covid-19 pandemic. The study of this paper used the explorative-qualitative research methods, with data obtained by disseminating questionnaires and studying documents related to the responsibilities carried out by the husband and wife. An initial investigation was conducted by taking into account the provisions stipulated in the formal legality of positive law. The data were then analyzed by utilizing a descriptive phenomenological approach through the interpretation of the data obtained from observation, interview, documentation, and literature review. The findings of this study indicate that men and women have equal rights. The concept of nature show that there is normative justification between husband and wife, stating that the domestic responsibilities are closely related to the shared rights and obligations that are balanced within the family and society, and that both husband and wife have the same rights in taking legal actions. In this new normal era, to strengthen the economically weak family in the community requires joint co-operation between the husband and wife so that they can meet the needs of the family and create a harmonious family. 

1. Introduction to Family Law

2015 ◽  
Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George
Keyword(s):  
Family Law ◽  
State Intervention ◽  
Family Court ◽  
Sex And Gender ◽  
Private Ordering ◽  
The Family ◽  
Rules Versus Discretion ◽  
And Gender ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases.

scholarly journals The Gender Politics of Confucian Family Law: Contracts, Credit, and Creole Chinese Bilateral Kinship in Dutch Colonial Java (1850s–1900)

2018 ◽  
Vol 60 (2) ◽  
pp. 390-414
Author(s):  
Guo-Quan Seng
Keyword(s):  
Family Law ◽  
Chinese Women ◽  
Legal Regulation ◽  
Customary Law ◽  
Chinese Family ◽  
Chinese Families ◽  
The Family ◽  
Moral Critique ◽  
And Gender ◽  
Dutch Colonial

AbstractHow did colonial family law reshape the ethnic and gender norms of a creolized entrepreneurial minority? While the literature on colonial Indonesia has tended to view the Dutch colonial preservation ofadat(customary) law as helping to preserve Indonesian women's autonomy and property rights, this essay shows how, in the case of the Indonesian-Chinese entrepreneurial minority, the colonial government's institutionalization of Confucian “Chinese” family law gradually introduced more patriarchal norms for creole Chinese families. The Dutch colonial state's legal regulation of credit and commerce in Java took a moralistic turn in the mid-nineteenth century, giving shape to a more patriarchal and “Chinese” form of the family in Java by the century's end. This legal-moralistic turn took the form of a critique of creole Chinese women on one hand, and the Sinological construction of a body of Confucian “Chinese” private law on the other. For almost half a century, this encroaching colonial ethno-moral critique of creole Chinese credit manipulations and marriage arrangements came up against resistance from Peranakan Chinese matriarchs and patriarchs. In this article, I show how colonial Confucian family law eventually ended creole Chinese women's contract-making and credit-manipulating autonomies by subjecting the “Chinese” household to the civil law authority of the “housefather.”

A Prolonged Abrogation? The Capitulations, the 1917 Law of Family Rights, and the Ottoman Quest for Sovereignty during World War 1

2020 ◽  
Vol 52 (2) ◽  
pp. 245-260
Author(s):  
Kate Dannies ◽  
Stefan Hock
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Family Law ◽  
World War ◽  
Women And Gender ◽  
The Family ◽  
French And English ◽  
History Of ◽  
The Law ◽  
And Gender

AbstractThe 1917 promulgation of a new Ottoman family law is recognized as a landmark moment in the history of Islamic law by scholars of women and gender in the Middle East. Yet the significance of the 1917 law in the struggle over religious jurisdiction, political power, and Ottoman sovereignty has been overlooked in the scholarship on both Ottoman legal reform and World War 1. Drawing on Ottoman Turkish, German, French, and English sources linking internal interpretations of the law and external reactions to its passage, we reinterpret adoption of the family law as a key moment in the geopolitics of World War 1. We demonstrate that passage of the law was a critical turning point in the wartime process of abrogating the capitulations and eliminating the last vestiges of legal extraterritoriality in the Ottoman Empire. The law is situated in its wartime political context and the geopolitical milieu of larger Europe to demonstrate that, although short-lived, the 1917 family law was a centerpiece of the wartime struggle to define extraterritorial rights of the Ottoman Empire, the Great Powers, and their protégés within the empire.

scholarly journals Women Mental Health and Well-being: A New Paradigm

2017 ◽  
Vol 4 (2) ◽  
Author(s):  
Mrs. Ashwini. R ◽  
Dr. Vijay Prasad. B
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Well Being ◽  
New Paradigm ◽  
The Family ◽  
Stigma Of Mental Illness ◽  
Gender Perspectives ◽  
And Gender ◽  
The Impact ◽  
Health And Well Being

This paper reviews literature on the determinants of women’s mental health through a stigma of mental illness and gender perspectives. This approach stresses that women’s particular health needs have been neglected in a male-centred models of health, and argues for the importance of addressing these needs in a way that views women and their lives holistically. A woman in social context is seen as parents and their roles have been demonstrated from their life within the family and society as well. This article draws attention to the women and physical health instead of looking at mental illness alone. The impact of violence against women, in particular, the effects of childhood sexual abuse, domestic violence and rape has been illustrated in western and Indian perspectives. In recommendations initiatives in mental health services especially, for women mental health has been emphasized broadly.

scholarly journals KOMUNIKASI INTERPERSONAL ORANG TUA DAN ANAK MENUJU KELUARGA TENANG DAN HARMONIS

2013 ◽  
Vol 23 (1) ◽  
Author(s):  
Sun Fatayati
Keyword(s):  
Interpersonal Communication ◽  
Main Part ◽  
Human Life ◽  
Personal Communication ◽  
Good Relationship ◽  
The Family ◽  
Relationship Communication ◽  
Harmonious Family ◽  
Husband And Wife

Communication is the main part of human life. Trough communication, people can express what they think and what they feel to some body else. They can also transmit message, persuade, negotiate and persuade other people. In marriage relationship communication plays an important role in maintaining a good relationship among members of the family especially husband and wife. A study reports that there were many couples aside having problem with their marriage due to their unability to build inter-personal communication between them. This paper argue’s that in order to have a harmonious family, husband and wave need to built interpersonal communication shill.

1. Introduction to Family Law

Family Law ◽  
2019 ◽  
pp. 1-27
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short
Keyword(s):  
Sexual Orientation ◽  
Family Law ◽  
State Intervention ◽  
Family Court ◽  
Sex And Gender ◽  
System P ◽  
The Family ◽  
Rules Versus Discretion ◽  
And Gender

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases, and challenges facing the family justice system.

scholarly journals GENDER RELATIONS AND SUBJECTIVE FAMILY WELL-BEING AMONG FARMER FAMILIES: A COMPARATIVE STUDY BETWEEN UPLANDS AND LOWLANDS AREAS IN WEST JAVA PROVINCE, INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 53
Author(s):  
Herien Puspitawati ◽  
Paula Faulkner ◽  
Ma'mun Sarma ◽  
Tin Herawati
Keyword(s):  
Gender Roles ◽  
Gender Relations ◽  
Well Being ◽  
External Support ◽  
Economic Pressure ◽  
West Java ◽  
The Family ◽  
Poor Farmer ◽  
And Gender ◽  
Husband And Wife

<p>The objectives of this study are described as follows: (1) To examine the conditions of<br />social, economic and demographic characteristics of poor farmer families who live at<br />uplands and lowlands areas, (2) to describe the social-cultural and agroecosystem<br />conditions of poor farmer families who live at uplands and lowlands areas, (3) To<br />explain type of gender relations of poor farmer families who live at uplands and<br />lowlands areas, and (4) to analyze factors that influenced subjective family well-being<br />of poor farmer families who live at uplands and lowlands areas. The chosen research<br />sites were Nanggung Sub-district, Bogor District as an upland area, and West Teluk<br />Jambe Sub-district, Karawang District, West Java Province as a lowland area. The total<br />of 189 farmer families was used for this study (n= 90 in uplands district areas, and n=<br />99 in lowlands district areas). It was found that the conditions of social-cultural and<br />agroecosystem differ between upland and lowland areas. In general, both upland and<br />lowland areas gender roles on farming activities, in terms of access and control to<br />agricultural resources, were dominated by men. Family well-being was directly<br />influenced by higher education of husband and wife, indirectly influenced by less<br />economic pressure of the family, directly influenced by higher gender relations between<br />husband and wife, and directly influenced by less or higher external support. Thus,<br />wealthy farmer families were the family that had educated husband and wife, less<br />economic pressures, equal gender relations and partnerships, and less or more receive<br />external supports. It is recommended that the next study should add variables of family<br />coping strategies related to family economic pressure and gender roles between husband<br />and wife.</p>

Napoleonic Legacies, Postcolonial State Legitimation, and the Perpetual Myth of Non-Intervention: Family Code Reform and Gender Equality in Mali

2020 ◽  
pp. 096466392096255
Author(s):  
Brenda K. Kombo
Keyword(s):  
Family Law ◽  
The State ◽  
Francophone Africa ◽  
National Assembly ◽  
Postcolonial State ◽  
Anthropology Of The State ◽  
The Family ◽  
And Gender ◽  
Family Code ◽  
Code Reform

In May 2018, the African Court on Human and Peoples’ Rights held that Mali’s 2011 Family Code violated women’s and children’s rights. Widespread protests halted the adoption of a more progressive draft Code passed by the Malian National Assembly in 2009. In Francophone Africa, family codes are legacies of the patriarchal 1804 Napoleonic Code whose reform has been contentious. Drawing from the work of Frances Olsen and Roland Barthes, anthropology of the state, African feminist thought, and critical comparative family law, I argue that by emphasising that the Code ‘reflect[s] socio-cultural realities’, Mali mobilises a myth of non-intervention of the state in the family. This myth serves to legitimate the postcolonial state which faces challenges concerning diversity, democracy, development, and secularism. Tracing the myth back to the Napoleonic Code and through French colonialism, I conclude that it helps to bolster the state while distorting the possibilities for more egalitarian reform.

scholarly journals HUKUM KELUARGA ISLAM RAMAH GENDER: ELABORASI HUKUM KELUARGA ISLAM DENGAN KONSEP MUBADALAH

Kodifikasia ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 263-282
Author(s):  
Anis Hidayatul Imtihanah
Keyword(s):  
Research Method ◽  
Family Law ◽  
Legal Order ◽  
Point Of View ◽  
Domestic Life ◽  
Friendly Relation ◽  
Library Research ◽  
The Family ◽  
Islamic Family Law ◽  
Husband And Wife

Artikel ini mengelaborasi hukum keluarga Islam dengan prinsip mubadalah yang bertujuan untuk meminimalisir praktik dominasi, subordinasi dan bahkan kekerasan dalam keluarga. Sehingga sangat perlu mengangkat topik tentang relasi gender suami istri dalam keluarga untuk “membuka mata” akan pentingnya relasi yang sadar gender. Melalui kajian ini, diharapkan mampu mempertahankan akar hukum keluarga Islam yang ramah gender sehingga tidak akan ada lagi praktik dominasi dan subordinasi dalam kehidupan rumah tangga. Penelitian ini menggunakan metode kepustakaan (library research) dengan mengkaji berbagai macam sumber literatur yang berkaitan dengan topik relasi gender dalam keluarga sekaligus memadukannya dengan pendekatan feminis. Berdasarkan hasil penulusuran dari berbagai sumber referensi dijelaskan bahwa pola relasi suami istri yang baik itu adalah berdasar pada prinsip Al- Mu’asyarah bi Al- Ma’ruf. Hal tersebut akan terwujud jika kedua belah pihak yaitu suami istri saling memahami sekaligus menjalankan hak-hak dan kewajibannya secara resiprokal dan proposional, sehingga akan tercipta keselarasan. Tidak ada dominasi antara suami istri karena keduanya adalah saling melengkapi. Selain itu, keberadaan prinsip mubadalah dalam Hukum Keluarga Islam merupakan sebuah keniscayaan untuk mewujudkan tatanan hukum yang ramah gender dalam keluarga Islam. [This study elaborates on Islamic family law with the principle of mubadalah which aims to minimize the practice of domination, subordination and even violence in the family. Moreover, the discussion also reveals the importance of gender-awareness relations in the family life. Through this study, it is expected to be able to maintain the root of Islamic family law in the gender-friendly relation point of view. So, there will be no more practices of domination and subordination in the domestic life. This research uses the library research method by examining various sources of literature related to the topic of gender relations in the family and also involves the feminist approach. The results show that the pattern of an ideal relationship between husband and wife is based on the principle of Al-Mu'asyarah bi Al-Ma’ruf. It can be realized if the husband and wife can understand each other and at the same time carry out their rights and obligations proportionally and reciprocally, thereby the harmony can be realized. There is no domination between husband and wife because both are complementary. In addition, the existence of the principle of mubadalah in Islamic Family Law is a necessity to realize and optimize a gender-friendly legal order in the Islamic family.]

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