scholarly journals Financial system for a multinational family in Sharia and Law

2018 ◽  
Vol 7 (1) ◽  
pp. 25-33
Author(s):  
Yousf Faraj muhammad Hadiri
Keyword(s):  
Social Status ◽  
Islamic Law ◽  
Financial System ◽  
Arab Countries ◽  
The Family ◽  
The Status ◽  
International Laws ◽  
Status Of Women

The issue of the financial system of a multinational family in shari'a and law is of great importance in the current era of the deterioration of rights in the case of family disputes, which often result in divorce. Hence, Islamic law has taken into account this subject with many rules and provisions that protect both spouses' rights and obligations. Some Arab countries have also taken this approach, but they have not been far from international laws that advocate women's freedom, as we find in Tunisian law, for example. Here we have examined this subject from a legitimate legal point to clarify the problem that some countries have occurred when they put the family laws. The family laws have come up with sub-solutions that have made them fundamental issues that would raise the status of women and strengthen their legal and social status. This is the result of satisfying the demands of a predominantly political nature of religion, which made some laws rigid. The obligation of positive laws should not be affected by the purposes of Islamic law and its lofty principles of political, because codification does not prohibit Hara’am things, and it is not Hara’am for Halaal and non-ijtihad.

scholarly journals REFLECTION ON THE SOCIAL STATUS OF THE ADYGHE WOMAN IN THE RESEARCHES OF THE EUROPEAN AUTHORS OF THE XVII - XIX  ENTURY

2019 ◽  
Author(s):  
З.Х. Кумахова
Keyword(s):  
Social Status ◽  
Women's Status ◽  
North Caucasus ◽  
Women’S Status ◽  
The North ◽  
The Social ◽  
The Family ◽  
The Status ◽  
Status Of Women

В данной статье анализируются исследования европейских путе- шественников, побывавших на Северном Кавказе в XVII–XIX в., затрагивающие статус женщины в традиционном черкесском обществе. Выявленные источники классифицируются по сюжетам, описывающим формирование статуса женщи- ны с младенчества до достижения положения матери семейства. В настоящей статье предпринята попытка комплексно изучить вышеупомянутые источники, выявив стороны жизни адыгской женщины, привлекавшие внимание иностранных исследователей. This article analyzes the research of European travelers who visited the North Caucasus in the 17th - 19th centuries. affecting the status of women in traditional Circassian society. The sources identifi ed are classifi ed by stories describin This article analyses the researches of European travellers who visited the North Caucasus in the period from 17th to 19th centuries, that covered the issue of the status of women in traditional Circassian society. The identifi ed sources are classifi ed according to the plot describing the development of women’s status from infancy to getting the position of the mother of the family. In this article, an attempt has been made to study comprehensively the abovementioned sources, identifying the Adyghe woman’s aspects of life, which attracted the attention of foreign researchers g the formation of the status of women from infancy to the position of the mother of the family. In this article, an attempt was made to comprehensively study the above sources, identifying the sides of the life of the Adyg woman, which attracted the attention of foreign researchers.

Women and Gender in Islamic Traditions

2013 ◽  
Author(s):  
Jonathan Berkey
Keyword(s):  
Islamic Law ◽  
Critical Factor ◽  
Women And Gender ◽  
Public Spheres ◽  
Islamic Tradition ◽  
Women's Participation ◽  
The Family ◽  
The Status ◽  
And Gender ◽  
Status Of Women

Gender was a critical factor in the Islamic tradition, especially in its law. That law was shaped by the Qur'an, the practice of Muhammad and his companions as known through hadith, the status of women in Arabia at the rise of Islam, but even more by the customs and attitudes of people living in those regions outside Arabia conquered by the early Muslim Arabs. From them, Muslims adopted practices segregating and secluding women. These practices and the misogynist attitudes behind them confirmed in Islamic law a gendered hierarchy of rights, although particular social circumstances might mitigate the full implementation of that hierarchy. Within the family women might play important, even decisive roles, although in public spheres such as politics their formal role was considerably more restricted. Interestingly, however, specifically religious spheres such as mystical devotion and education provided meaningful channels for women's participation.

scholarly journals KAJIAN PERBANDINGAN DALAM PEMBAGIAN WARIS BERDASARKAN PADA HUKUM ISLAM DAN HUKUM ADAT

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Hereditary System ◽  
The Family ◽  
The Status ◽  
Approach Method ◽  
The Subject

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law

scholarly journals Status of women in society in pre-islamic period

Adam alemi ◽  
2020 ◽  
Vol 4 (86) ◽  
pp. 104-113
Author(s):  
K. Bagasharov ◽  
R. Shaikenova ◽  
G. Tabashev ◽  
N. Tutinova
Keyword(s):  
Main Part ◽  
Family Relations ◽  
Arab Countries ◽  
Social Classes ◽  
Marriage And Family ◽  
Islamic Period ◽  
The World ◽  
The Status ◽  
Ancient Civilizations ◽  
Status Of Women

The relevance of this study is related to the status of women in society in the pre-Islamic periiod. The introduction discusses the relevance of the work. This topic has been relevant since past times, and to this day it is just as relevant not only in individual regions, but throughout the world. Before writing the main part, a brief comparative analysis of the rights and position of women in ancient civilizations such as the Greek civilization, the kingdom of mana (Hinduism), Judaism and the Arab countries before the Islamic period was made. The main part was devoted to the consideration of women’s rights in marriage and family relations. In various social classes, the degree of women was low. The main goal is to reveal and not recognize the rights of women in society, marriage and family. In the pre-Islamic period, women had no rights in Arab society. In the period of ignorance of the Arabs, girls were buried alive. Islam also shows that women are also human and have the same rights as men. After analyzing the pre-Islamic period, in the final part, examples were given of immorality and ignorance towards a woman, and with the advent of true religions, all these actions were canceled, and the status of a woman was elevated.

scholarly journals The Status of Women in a Socialist Order: Czechoslovakia, 1948-1978

Slavic Review ◽  
1979 ◽  
Vol 38 (4) ◽  
pp. 583-602 ◽  
Author(s):  
Sharon L. Wolchik
Keyword(s):  
Public Life ◽  
Second World War ◽  
Equal Opportunities ◽  
Equal Rights ◽  
World War ◽  
The Family ◽  
Working People ◽  
The Status ◽  
Second World ◽  
Status Of Women

All citizens shall have equal rights and equal duties. Men and women shall have equal status in the family, at work and in public activity. The society of the working people shall ensure the equality of all citizens by creating equal possibilities and equal opportunities in all fields of public life.ČSSR Constitution, Article 20When we Communist women protested against the disbanding of the women's organization, we were informed that we had equality. That we were equal, happy, joyful, and content, and that, therefore, our problem was solved.Woman Delegate to the Prague Conferenceof District Party Officials, May 1968When Communist elites came to power in Czechoslovakia at the end of the Second World War, they attempted to create a new social and political order. As part of this process, efforts were made to improve the status of women and to incorporate them as full participants in a socialist society.

scholarly journals Estudio sobre los términos de la cónyuge femenina en la dinastía Shang (ca. 1600 a.C. – 1046 a.C.)

2021 ◽  
Author(s):  
Jinjing Xu
Keyword(s):  
Social Status ◽  
Shang Dynasty ◽  
Basic Principles ◽  
Kinship System ◽  
The Family ◽  
China Studies ◽  
Status Of Women ◽  
Female Spouses

[Sinologia Hispanica, China Studies Review, 11, 2 (2020), pp. 79-100] Kinship is one of the most basic principles of society, based on marriage and blood, and as we all know, the kinship system in Chinese is the most complicated of the known languages, but the Shang Dynasty system (ca 1600 BC - 1046 BC) was very different from those of later generations and today. The Inscriptions on Shell and Bones is an important first-hand corpus to get closer to the Shang dynasty. Among the plates recovered, on the terms related to the meaning of “spouse”, find: 𥇛 (jū), 妻 (qī), 妾 (qiè), 妃 (fēi), 匕 (妣) (bǐ), 母 (mǔ), 帚 (妇) (fù), etc., most of which are still used during later generations, but it seems that their meaning is not exactly the same as later generations, even the meaning of some words is very different. Through the study of these terms of female spouses, in addition to being able to better understand the kinship system during that period of the shangs, we can also better understand the family and social status of women in that dynasty.

Women’s Rights in Islamic Shari’a: Between Interpretation, Culture and Politics

2014 ◽  
Vol 11 (1) ◽  
pp. 1-24
Author(s):  
Dina Mansour
Keyword(s):  
Women's Rights ◽  
Islamic Law ◽  
The Other ◽  
Women’S Rights ◽  
International Human Rights ◽  
The Status ◽  
International Human ◽  
Human Rights Norms ◽  
Free Women ◽  
Status Of Women

AbstractThis article analyses existing biases – whether due to misinterpretation, culture or politics – in the application of women’s rights under Islamic Shari’a law. The paper argues that though in its inception, one purpose of Islamic law may have aimed at elevating the status of women in pre-Islamic Arabia, biases in interpreting such teachings have failed to free women from discrimination and have even added “divinity” to their persistent subjugation. By examining two case studies – Saudi Arabia and Egypt – the article shows that interpretative biases that differ in application from one country to the other further subject women to the selective application of rights. Dictated by norms, culture and tradition rather than a unified Islamic law, the paper shows how culture and politics have contributed to such biases under the pre-text of Islamic dictate. As such, it proposes a re-examination of “personal status” laws across the region in light of international human rights norms.

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