Moluccas Local Wisdom in the Role of Marriage Arbitrator  for Preventing Domestic Violence

This research aims to reveal the Moluccas local wisdom through the existence of marriage arbitrators among Muslim community in Salahutu, Leihitu, and West Leihitu, Central Maluku. The data were collected through observation and interviews with community leaders, marriage arbitrators and their married sisters and then analyzed descriptively and qualitatively. The research results showed that the marriage arbitrators come from a male distant relative who was appointed by custom as a part of the marriage custom. The appointment aims to strengthen the family relationship between the bride (married sister) and the arbitrator in which they can help each other. Traditionally, an arbitrator serves to help the bride in both material and non-material aspects, particularly in preventing domestic violence. He can become a mediator, peacemaker, and helper of the economic hardship as well as preventing the married sister from psychological domestic violence. Furthermore, he can also provide protection for his married sister from the threat of her husband’s physical violence. This research found that the role of marriage arbitrators as peacemakers in preventing husband’s violence against their married sisters is relevant to hakamain concept in Islamic law as well as the provisions of "safe houses by the community," in Law No. 23/2004.(Tulisan ini bertujuan untuk mengungkapkan peran kearifan lokal saudara kawin pada masyarakat Muslim di Kecamatan Salahutu, Leihitu dan Leihitu Barat Kabupaten Maluku Tengah. Data dikumpulkan melalui observasi dan wawancara kepada tokoh masyarakat, saudara kawin dan saudari kawin kemudian dianalisis secara deskriptif kualitatif. Hasil penelitian menunjukkan bahwa saudara kawin adalah laki-laki dari kerabat jauh yang diangkat secara adat sebagai bagian dari adat perkawinan. Hal itu bertujuan untuk mempererat hubungan kekeluargaan antara saudara kawin dengan saudari kawinnya di mana keduanya bias saling membantu. Secara adat, saudara kawin bertugas membantu mempelai perempuan (istri) dalam hal material maupun non-material, utamanya untuk mencegah tindak kekerasan dalam rumah tangga si saudari kawin. Saudara kawin bisa berperan sebagai penengah, juru damai, sekaligus membantu kesulitan ekonomi keluarga saudari kawinnya, termasuk mencegah terjadinya kekerasan psikis saudari kawinnya. Lebih jauh, saudara kawin juga bisa berperan melindungi saudari kawinnya dari ancaman kekerasan fisik suaminya. Temuan penelitian ini menunjukkan bahwa peran saudara kawin sebagai juru damai yang mencegah kekerasan suami kepada istri relevan dengan konsep hakamain dalam hukum Islam serta ketentuan ”rumah aman oleh masyarakat,” dalam Undang-undang RI Nomor 23 Tahun 2004)

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Family Courts and Human Security in South West Nigeria

Journal of Law Society and Development ◽

10.25159/2520-9515/7091 ◽

2018 ◽

Vol 5 (1) ◽

Author(s):

Janet Oluwaleye Monisola

Keyword(s):

Domestic Violence ◽

Violence Against Women ◽

Physical Violence ◽

Fundamental Rights ◽

Secondary Sources ◽

Family Courts ◽

South West ◽

The Family ◽

Domestic Violence Against Women

The trend of violence against women in Nigeria has increased more than ever recently, with many women having been deprived of their fundamental rights. Violence against women in Nigeria includes sexual harassment, physical violence, harmful traditional practices, emotional and psychological violence, and socio-economic violence. This article investigates cases of domestic violence against women in South West Nigeria by assessing the role of family courts in the adjudication of such cases. Both primary and secondary sources of data were employed to examine incidents of violence against women and the role of the family courts in ensuring justice. The author employed both primary and secondary sources of data; the data gathered were analysed by frequency and simple percentages, while qualitative data were descriptively analysed. The article reveals the causes of domestic violence against women to include a cultural belief in male superiority, women’s lack of awareness of their rights, women’s poverty owing to joblessness, men seeking sexual satisfaction by force, women having only male children, the social acceptance of discipline, the failure to punish the perpetrators of violence, the influence of alcohol, and in-laws’ interference in marital relationships. It also reveals the nature of domestic violence against women. The research revealed that the family courts have played prominent roles in protecting and defending the rights of women. The author therefore recommends that the law should strengthen the family courts by extending their power to penalise the perpetrators of violence against women.

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Determinants of Domestic Violence in Pakistan: A Qualitative and Econometric Analysis

Partner Abuse ◽

10.1891/pa-d-20-00006 ◽

2021 ◽

pp. PA-D-20-00006

Author(s):

Naeem Akram

Keyword(s):

Domestic Violence ◽

Rural Areas ◽

Physical Violence ◽

Household Head ◽

Working Women ◽

World Health ◽

Socioeconomic Indicators ◽

The Family ◽

Health Organization

Domestic violence exists in every country, irrespective of the culture, ethnicity, age, income, and education of the women. World Health Organization (WHO) has estimated that approximately 35% of women worldwide had experienced sexual or physical violence. The present study has attempted to analyze the role of different socioeconomic indicators on the prevalence of domestic violence. In this regard, data of Pakistan Demographic and Health Survey (PDHS) 2017–2018 has been used and logit models have been estimated. It has been found that women married below the age of 18; living in rural areas; have more children; whose mothers experienced violence; feared their husbands; with little to or no autonomy in decision-making; had a bank account; married outside of the family; and had not inherited any land or property were significantly more vulnerable victims of domestic violence. It has been found that women’s education, education of her husband, and exposure to media by creating awareness may protect women from domestic violence. Furthermore, working women are more likely to face domestic violence, but women who have started working before marriage are significantly less vulnerable victims of domestic violence. However, the age of women herself, the age of husband, age of household head and wealth of household, living in the nucleus or joint family, receiving any support from Benazir Income Support Program (BISP) have no significant role in determining the domestic violence in Pakistan.

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Criminalization on Husband Wife Relationship towards Nushuz in the Perspective of Islamic Law and Criminal Code

Issues in Social Science ◽

10.5296/iss.v4i2.10494 ◽

2016 ◽

Vol 4 (2) ◽

pp. 64

Author(s):

Oom Mukarromah ◽

Asep Ubaidillah

Keyword(s):

Domestic Violence ◽

Criminal Law ◽

Research Method ◽

Islamic Law ◽

Physical Violence ◽

Criminal Code ◽

Normative Approach ◽

Positive Law ◽

The Family ◽

The Subject

The purpose of this study was to determine the criminalization law of nusyuz behavior both in Islamic law and the Criminal Code, and to know the relevance of Islamic law with the Criminal Code and Law No. 23 of 2004 in criminalization law of nusyuz behavior. The study used juridical normative approach in order to find the principle or the doctrine of positive law relevant to the issues studied, such as the opinions and ideas of jurists on the criminalization of the nusyuz behavior. This study used literature research method, which is a research conducted with data resources obtained from books or other writings relevant to the subject matter. The sources drawn from various works that discuss the problems of the family, the rights and protection of women, domestic violence and some literature on criminal law from the perspective of Islamic law and positive law. From the study, it can be concluded that: First, under the Islamic law, any form of physical violence against the wife is categorized in the form of jarimah (a criminal act) which is regulated in Islamic criminal law (fiqh jinayah). Second, in a substance, criminal law of physical violence against wife in the Domestic Violence Act is part of jarimah, a criminal act besides the soul. According to the Islamic criminal law, criminal act is classified into jarimah takzir.

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PREWEDDING PHOTO PROCESSION AND THE ROLE OF THE FAMILY IN THEM

Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial ◽

10.22373/dusturiyah.v10i2.8251 ◽

2020 ◽

Vol 10 (2) ◽

pp. 246

Author(s):

Aulil Amri

Keyword(s):

Islamic Law ◽

Religious Values ◽

Religious Knowledge ◽

The Family ◽

Marriage Contract ◽

The Law ◽

Husband And Wife ◽

As If

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.

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Business households in the context of Vietnam's culture and law

Linguistics and Culture Review ◽

10.21744/lingcure.v6n1.2069 ◽

2022 ◽

Vol 6 (1) ◽

Author(s):

Vien The Giang ◽

Vo Thi My Huong

Keyword(s):

Market Economy ◽

Legal Status ◽

Family Relationship ◽

Small Scale ◽

The Family ◽

Huge Impact ◽

Development Support ◽

Business Entities ◽

Business Relations

The article analyzes and clarifies the position and role of business households in the system of business entities in the market economy in Vietnam. From its small-scale position, restrictions on the rights to use labor and business locations, current Vietnamese laws have established provisions to ensure equality in legal status, autonomy, and self-responsibility on business transactions of business households. However, the business household is built and managed on the basis of the family, the members of the business household both show blood relation and economic relation. Therefore, the family traditional cultural factors have a huge impact on the internal and business relations of household businesses. The traditional family relationship, and the relationship among the members (of the business household) in the business relations related to asset liability and the development support policy of the State will form the pillar to promote the development of household businesses to become an important and indispensable part of the market economy and international integration in our country currently.

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Rethinking the Role of Lawyers for Children : Child Representation in Canadian Family Relationship Cases

Les Cahiers de droit ◽

10.7202/1055256ar ◽

2019 ◽

Vol 59 (4) ◽

pp. 787-829

Author(s):

Nicholas Bala ◽

Rachel Birnbaum

Keyword(s):

Family Relationship ◽

Older Children ◽

Efficient Manner ◽

Child Report ◽

Significant Evidence ◽

The Family ◽

Justice Process ◽

Cost Efficient ◽

Comprehensive Programs

This article examines various methods for involving children in family and child welfare proceedings, surveys varying approaches in different Canadian jurisdictions to the appointment of counsel for children in these cases, and explores the controversies about the role of counsel for children. While child representation is becoming common, in most provinces it is usually limited to welfare proceedings involving older children. All jurisdictions, however, have some provisions to allow for child participation in family relationship cases. Governments and law societies in Canada should develop more coherent and comprehensive programs and policies to ensure that the views of children are considered in the family justice process in a child-focused and cost-efficient manner. There needs to be more recognition of the role of lawyers in facilitating settlement. Appointment of counsel is, however, not always the best way to involve children ; if the child is willing to share views, in some cases this may be better done by a judicial interview, a Views of the Child Report or an assessment. There should be a presumption that counsel will be an instructional advocate, but if a child lacks the capacity or willingness to instruct counsel, counsel should be an advocate for the rights and interests of the child. Regardless of the role adopted, counsel for a child also has responsibility for introducing significant evidence not otherwise before the court.

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PERAN SAYYIDAH ‘AISYAH DALAM PEMBENTUKAN HUKUM ISLAM BERWAWASAN GENDER

EGALITA ◽

10.18860/egalita.v0i0.2111 ◽

2012 ◽

Author(s):

Ahmad Izzuddin

Keyword(s):

Social Welfare ◽

Gender Inequality ◽

Islamic Law ◽

Middle Age ◽

Early Age ◽

The Family ◽

The Law ◽

Role Of Women ◽

Law Construction

Islamic law and women are one of mostly debated discourses bycontemporary Islamic thinkers particularly those who are gender issuesproponents. That discourse grows due to the accuse towards Islam thatthis religion is the source of gender inequality for women through outmuslim world especially in education, fairness and domestic freedom aswell as social welfare in the family. The assumption is that Islamic law ismale-based law. Therefore, it is a need to explore the note on Islamic lawdevelopment which is perceived from the role of women in the early age oflaw construction not from the aspect of the thought of classical ulama inthe middle age. This paper tries to explore and to discuss mainly the role ofSiti Aisyah as the teacher and the transmitter of hadith as the foundation ofIslamic law construction to underline women’s position and contributionas the law maker that it will prove that Islamic law is not merely men-basedlaw as the assumption grows.

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Communal Mobilization and Riots in Western Uttar Pradesh

Everyday Communalism ◽

10.1093/oso/9780199466290.003.0006 ◽

2018 ◽

pp. 222-272

Author(s):

Sudha Pai ◽

Sajjan Kumar

Keyword(s):

Political Parties ◽

Uttar Pradesh ◽

Community Leaders ◽

Muslim Community ◽

Muslim Majority ◽

Local Leaders

This chapter based on fieldwork in Muzaffarnagar and Shamli districts describes the communal incidents from 2011 onwards and the riots in September 2013. Contrasting narratives emerged from discussions with community leaders in Muzaffarnagar town and selected Jat-dominated and Muslim-majority villages forming the epicentre of the riots, which indicate high levels of aggression, a pogrom and Muslim exodus in some villages. The fieldwork revealed the deeply implicating role of political parties: local BJP leaders were aware of and in some cases involved in the rioting; SP leaders remained largely silent hoping to gain Muslim support in the 2014 elections. As the BSP’s support base and cadre straddles the Hindu, that is, Dalit and Muslim community, local leaders found it difficult to deal with the rioters. These developments indicate the successful creation in these districts particularly in the sample villages, of a system of institutionalized everyday communalism, visible two years after the riots.

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Marital physical violence suffered and committed by men: repeating family patterns?

Psico-USF ◽

10.1590/1413-82712017220109 ◽

2017 ◽

Vol 22 (1) ◽

pp. 99-108 ◽

Cited By ~ 3

Author(s):

Aline Riboli Marasca ◽

Josiane Razera ◽

Henrique Juliano Rosa Pereira ◽

Denise Falcke

Keyword(s):

Family Relationships ◽

Family Of Origin ◽

Predictive Power ◽

Physical Violence ◽

Family Background ◽

Marital Violence ◽

Family Patterns ◽

The Family ◽

Conflict Tactics

Abstract Intending to contribute to the marital violence theme, this article has the objective to investigate the presence of physical violence suffered and committed by men in family relationships and the predictive power of family of origin experiences on this occurrence in a sample of 186 men. A sociodemographic questionnaire, Family Background Questionnaire (FBQ) and Revised Conflict Tactics Scale (CTS2) were used to collect the data. Physical violence suffered and committed by men established significant correlations with experiences of violence in the family of origin. The predictive factor for the occurrence was the experience of parental physical abuse in childhood. We discuss the relevance of a focus of attention on men also as victims of marital violence and the relevance of understanding the role of family of origin for the maintenance of violence in future relations.

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