scholarly journals The place of child development in evaluations related to custody in Turkey

2021 ◽  
Vol 22 (2) ◽  
pp. 45-70
Author(s):  
Sebahat AYDOS ◽  
Aysel KÖKSAL AKYOL
Keyword(s):  
Child Development ◽  
Best Interest ◽  
Divorced Families ◽  
Custody Of Children ◽  
The Law ◽  
Document Review ◽  
New System

The aim of this study is to examine the reports prepared in the process of deciding the custody of children in divorced families in the context of child development. The reports evaluated in the scope of the research were evaluated by the method of document review and the results were found in the context of child development and the best interest of the child.  In this context, a total of 107 reports related to custody were examined. The results from findings show that while evaluations regarding custody are expressed in many places with the emphasis on the development of the children, the reports contain little information about the development of the child. When the child's best interest is considered to be the most important component of child development, it is seen that as a result of these depictions, developing a new system in order to protect the best interest of the child, which is one of the top principles of the law related to custody, and carrying out an evaluation that focuses on child development is necessary.

From the Law of Ransom to the Law of Release

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
The State ◽  
Legal Tradition ◽  
The Face ◽  
The Law ◽  
New System

This chapter charts the “Law of Release,” a new system of rules that replaced the Law of Ransom. These rules were based on treaties signed from 1739 onward, but also on a variety of lesser agreements and unwritten understandings and the Islamic legal tradition. They were renewed frequently, and structured captivity as late as the 1850s. This chapter will explore the basic structures of the Law of Release—how captives were found, released, and sent home, and how slaveowners were convinced, coerced, or compensated to cooperate. I argue that while release was initially limited to Istanbul, and to the most visible captives, it extended both into elite households, and outward along the Ottoman corridors of power. This process tested the limits of the Ottoman state, forcing the state to cooperate with Russian officials for the benefit of both. They did so in the face of resistance from captors.

Right to Parental Care

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Law Reform ◽  
Best Interest ◽  
Family Courts ◽  
Custody Of Children ◽  
The Family ◽  
Shared Parenting ◽  
The Right ◽  
A Minor ◽  
And Control ◽  
Physical Care

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.

Season 3: Product Governance. Rethinking Retail Customer Protection in the EU Insurance Market

Global Jurist ◽  
2017 ◽  
Vol 18 (1) ◽  
Author(s):  
Lydia Velliscig
Keyword(s):  
Insurance Market ◽  
Business Rules ◽  
Best Interest ◽  
Convergence Of Solutions ◽  
New Frontier ◽  
Disclosure Of Information ◽  
The Law ◽  
The Eu

AbstractThe regulation of all traditional branches - banking, securities and insurance - of financial law is going through a change in retail customer protection: in this area of the law, an eventual convergence of solutions in client protection initiatives may be found. In a context oriented towards acting in accordance with the best interest of customers, EU legislator currently seeks a new “frontier” in the protection of retail customers and tends to develop new tools and strategies in addition to the disclosure of information and conduct of business rules, in order to remove potentially detrimental products from the market. This contribution examines the “product oversight and governance” principle intended to remedy problems associated with products misselling. In the details, this trend is analyzed with reference to the upcoming insurance distribution directive.

scholarly journals REFLEKSI AYAT-AYAT TOLERANSI: MEMUPUK KEBERAGAMAN DALAM MENJALANKAN SYARIAT ISLAM DI ACEH

2020 ◽  
Vol 5 (2) ◽  
pp. 22
Author(s):  
Salman Abdul Muthalib ◽  
Mushlihul Umam
Keyword(s):  
Human Beings ◽  
Mutual Respect ◽  
Muslim People ◽  
Aceh Province ◽  
The Law ◽  
Shared Commitment ◽  
Diversity Of Life ◽  
Document Review

The application of Islamic Sharia in Aceh should give birth to a tolerant diversity of life, because the qanun covers these procedures, but Aceh is considered to be intolerant of a number of groups, especially institutions that carry out research in the field of diversity, in this article the author wants to examine further the matter of stipulation. Aceh Province seems intolerant, the author examines this case through a document review then the author observes based on the reality that occurs. The result is that the authors assess that there are Non-Muslim people who igNore qanun regulations in the element of building houses of worship that are carried out without obtaining permission and have Not met the terms and conditions stipulated in the Islamic Sharia qanun, apart from these problems, the Acehnese people in general can accept the differences well. social. Therefore, the attitude of caring for unity in carrying out each other's beliefs and obeying and obeying the law of the qanun must be a shared commitment. Reflecting on and practicing the verses of tolerance will foster mutual respect and tolerance among human beings. Abstrak: Penerapan Syariat Islam di Aceh seharusnya melahirkan kehidupan keberagaman yang toleran, karena qanun telah mengcover tata cara tersebut. Tetapi, Aceh dinilai intoleran oleh sejumlah kalangan, terutama lembaga-lembaga yang melakukan riset di bidang keberagaman. Dalam artikel ini, penulis ingin mengkaji lebih lanjut perihal penetapan Provinsi Aceh sebagai daerah yang terkesan intoleran. Penulis mengkaji kasus ini melalui review dokumen dan mengamati realita yang terjadi. Hasilnya, penulis menilai adanya oknum Non-muslim yang mengabaikan peraturan qanun pada pembangunan rumah ibadah yang dilakukan tanpa izin dan belum memenuhi syarat serta ketentuan yang telah diatur dalam qanun Syariat Islam. Terlepas dari permasalahan tersebut, masyarakat Aceh pada umumnya dapat menerima dengan baik perbedaan-perbedaan sosial. Oleh karenanya, sikap merawat persatuan dalam menjalankan keyakinan masing-masing serta patuh dan taat pada hukum qanun haruslah menjadi komitmen bersama. Merenungi serta mengamalkan ayat-ayat toleransi akan menumbuhkan sikap saling menghormati dan tenggang rasa antar umat manusia.

scholarly journals Patriarchy and the Law of Adoption: Beneath the Best Interests of the Child

1997 ◽  
Vol 35 (4) ◽  
pp. 1035 ◽  
Author(s):  
Katrysha Bracco
Keyword(s):  
Child Development ◽  
Attachment Theory ◽  
Nuclear Family ◽  
Current System ◽  
Best Interests ◽  
Feminist Analysis ◽  
Current State ◽  
The Law ◽  
Psychoanalytic Theories ◽  
Over Time

This article explores the nature of adoption, its history and how it has evolved into the current system of Canadian adoption law. Originally adoption existed to serve the interests of the adopting family. Over time there was a shift in attitude, such that adoption was intended to serve the best interests of the child The author questions the current state of the law, its practices and whether it really serves those whom it is intended to serve. The article critically examines the nuclear family, which the author asserts is at the heart of Canadian adoption law. Finally, there is a brief presentation of psychoanalytic theories of child development which includes an examination of Freud, attachment theory and feminist analysis. This discussion helps both to explain the current system and to challenge its validity. The author raises important questions about the current state of adoption law and its foundations.

Muslim Judges at the Road of Intersection

Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 143-161
Author(s):  
Nahda Shehada
Keyword(s):  
Social Status ◽  
Social Factors ◽  
Educational Background ◽  
Law And Society ◽  
Daily Routine ◽  
The Road ◽  
Moral Standards ◽  
Custody Of Children ◽  
The Law

Abstract The work of Muslim judges in the shariʿa courts ranges from enforcing specific moral standards to redistributing wealth in accordance with Islamic inheritance norms. Judgments in cases involving divorce, alimony, and the custody of children are nonetheless part and parcel of the judges’ daily routine. This paper uses ethnographic work in Gaza–Palestine to explore whether, how, and why judges assert certain rules and norms on some occasions but make adjustments or accommodations on others during the process of adjudication. It tries to uncover certain ambivalences in the law and society that allow them to adjust situationally. Social factors such as gender, social status, educational background, and class are scrutinized to see how they are played out, together or separately, in the process of adjustment. Orality as a method is central to the judges’ work as well as to the analysis.

A Parting of the Waves

Worldview ◽  
1982 ◽  
Vol 25 (7) ◽  
pp. 11-12
Author(s):  
Ved P. Nanda
Keyword(s):  
The United States ◽  
Law Of The Sea ◽  
Manganese Nodules ◽  
Best Interest ◽  
Roll Call Vote ◽  
The Third ◽  
The Law ◽  
The Third World ◽  
The Waves ◽  
The U.S

When, on April 30. the United States rejected the Law of the Sea Convention, it dealt a blow to its own best interest: the orderly development of rules to govern navigation and exploitation of the oceans.During the last days of an eight-week session of the third United Nations conference on the Law of the Sea, the Third World majority had made a last-ditch effort to obtain U.S. approval of the treaty. The U.S. delegate, James Malone acknowledged that their concessions offered “modest improvements” but also that they failed to satisfy U.S. demands on the mining of highly valued manganese nodules. Whatever hope remained for a consensus on the draft treaty was shattered when the U.S. pressed for a forrnai roll call vote on the final day. Disappointment, frustration, and even shock was registered by many of the assembled delegates.

The Labour Courts and Their Place in the Legal and Labour Relations Systems of Israel

1974 ◽  
Vol 9 (4) ◽  
pp. 558-567 ◽  
Author(s):  
Zvi H. Bar-Niv
Keyword(s):  
Political System ◽  
International Congress ◽  
Labour Law ◽  
Labour Relations ◽  
Legal Development ◽  
Integral Component ◽  
The Law ◽  
Basic Features ◽  
New System

One of the events marking the legal development of this country which has taken place since the first International Congress of Jewish Lawyers and Jurists, is the coming into being of a new system of Courts—the Labour Courts. Israel thus joined the ever increasing number of states having a special judiciary to adjudicate in matters of labour.The Law establishing the Labour Courts came into operation on September 1, 1969, exactly four years ago. This period is too short for a sound evaluation and because of my position, I am to some extent, disqualified from evaluating results and achievements, even in as far as already warranted by experience.Being fully aware of these limitations, in this address I will try to present this new component of the Judiciary of Israel, and to outline the place of the Labour Courts in the Legal and Labour Relations Systems of Israel.Before dealing with the Labour Courts, their composition and jurisdiction, it would, I believe be proper to make some remarks on the labour relations system of Israel, and to comment on some basic features of our labour law. This has to be done, since the Labour Courts, although institutionally and constitutionally part of the Judiciary, are an integral component of the labour relations system, just as the Judiciary as a whole is an integral component of the socio-economic and political system of any state.

Child Custody in Jewish Law: From Authority of the Father to the Best Interest of the Child

2008 ◽  
Vol 24 (1) ◽  
pp. 89-122
Author(s):  
Yehiel S. Kaplan
Keyword(s):  
Child Custody ◽  
Jewish Law ◽  
Best Interest ◽  
Stage Of Development ◽  
Parents And Children ◽  
Custody Of Children ◽  
The Family ◽  
Dominant Tendency ◽  
The Relationship ◽  
Explicit Rule

The understanding of Jewish law of the legal rationale of the relationship between parent and child developed gradually. In the first stage, in ancient Jewish law, the dominant tendency was to affirm the authority of the Jewish father over the members of his family. During this period, the idea that parents have a natural responsibility to love their children, care for them and provide for their welfare was less transparent. The main purpose of the rules concerning the relationship between parents and children at this stage was the assertion of the rights and needs of the father of the family.1 Consequently, some of the regulations of ancient Jewish law regarding the relationship between parents and children were not necessarily focused on the best interest of the child and the ideological basis for the legal policy in the sphere of custody in the ancient period was somewhat vague.By contrast, during the second, medieval stage of development of Jewish law on the relationship between parents and children, the ancient supreme principle, of the father's authority over members of his family in all spheres including the sphere of custody of children, was largely replaced by an explicit rule in Jewish law: the best interest of the child is a paramount consideration. Indeed, we could say that the explicit implementation of the principle of best interest of the child in Jewish custody cases is a medieval invention, introduced by Jewish scholars at this period in their child custody verdicts. By contrast to the ancient period, the rules of custody, which had become fully defined at this stage, utilizing this principle, usually favored the mother.

Protecting Interests of Animals in Custody Disputes: Italian Caselaw Outpaces Italian and European Union Legislation

2020 ◽  
pp. 1-18
Author(s):  
Paola Fossati
Keyword(s):  
Companion Animals ◽  
Case Law ◽  
Best Interest ◽  
Personal Property ◽  
Italian Case ◽  
Nonhuman Animals ◽  
Custody Disputes ◽  
Unique Nature ◽  
European Union Legislation ◽  
The Law

AbstractPeople who live with pets (companion animals) in many cases see their pets as family members. Yet, in the eyes of the law, pets are still considered personal property. This is relevant to pet custody matters that may arise at the time of divorce or separation; pets fall within divorce financial proceedings. However, they have the unique nature of living and sentient property, which has interests. In this perspective, the best interest of the nonhuman animal should always be taken into account. Nonetheless, the law lacks definitive standards, and the ways in which courts construe contractual disputes involving nonhuman animals that relate to custody disputes in marital or other relationships do not always take into consideration the unique nature of this living and sentient property. This article provides an examination of the current Italian legal system and of Italian case law related to this matter.

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