scholarly journals Exploiting legal fictions in circumventing legitimate rights in marital property

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Meryem Abous ◽  
Nor Azmawati Abdul Aziz
Keyword(s):  
Strong Influence ◽  
Scientific Study ◽  
Close Link ◽  
Married Life ◽  
The Family ◽  
Marital Property ◽  
Legal Fictions ◽  
Legal Marriage

The Marriage is the norm of life and living in the family’s embrace under the shade of affection and tranquility is a goal that everyone who takes this step seeks, and the happiness and balance of the family can only be achieved by obtaining what can be achieved from the requirements of a decent life.But not everything that a person wishes to realize, some have intervened Factors and inconveniences make married life impossible to continue, and the most important of these factors, according to a scientific study, is money According to ourIslamic law, the offspring  must be legitimate, and this will not happen except through legal marriage, and in the verse it is associated. Money with children because it has a strong influence and a close link to married life, which in turn is considered a partnership between two parties. The spouses may not be successful in completing this partnership, and the matter ends in divorce, and often the woman is forced to demand her legal and material rights. In this research, I will discuss, in particular, the tricks that some lawyers use to make things difficult, or to prevent the divorced woman from having her rights, especially material ones.

PENDIDIKAN KEIMANAN ANAK DALAM KELUARGA MENURUT ZAKIAH DARADJAT

2018 ◽  
Vol 1 (2) ◽  
pp. 110-121
Author(s):  
Rivanti Muslimawaty
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Religious Education ◽  
Strong Influence ◽  
Educational Institution ◽  
Qualitative Research Methods ◽  
Human Beings ◽  
The Family ◽  
The Relationship

Many parents do not understand the concept of faith education inchildren. This could be based on an assumption that children are stilltoo young to be educated in matters of faith. Whereas the family, in thiscase the parents, is an educational institution that is directly related tothe child since he was born. So there is a thought that the family isbelieved to have a very strong influence on children’s religiouseducation. This happens because the relationship that exists betweenparents and children for 24 hours is very important in education.Zakiah Daradjat is an education expert who also believes that theimportance of faith education is given to children as early as possible,so the purpose of this study is to find out how Zakiah Daradjat’sthoughts about children’s religious education are in the family. Byusing qualitative research methods, the author seeks to explain theeducation of children’s faith in the family according to ZakiahDaradjat. The author found that Zakiah Daradjat had clear thoughtsabout children’s religious education in the family, which aims to makechildren as human beings, through the six pillars of faith, with methodsof exemplification, habituation, wrong correction, erroneous quarrelsthat occur and reminding the forgotten. The evaluations carried out inthe form of memorization tests, tests of understanding and practice ofworship. This makes Zakiah Daradjat’s thoughts still relevant to beapplied in today’s life and become a reference for psrents, teachers abdother related parties.

Young People’s Embodiment of Physical Activity: The Role of the ‘Pedagogized’ Family

2012 ◽  
Vol 29 (2) ◽  
pp. 210-226 ◽  
Author(s):  
Symeon Dagkas ◽  
Thomas Quarmby
Keyword(s):  
Physical Activity ◽  
Social Class ◽  
Family Environment ◽  
Strong Influence ◽  
Pedagogical Practices ◽  
Young Adolescents ◽  
The Family ◽  
Personal Histories ◽  
The Uk

Drawing from Bourdieu, this study investigated the multifaceted influences that operate in and through combinations of family and social class with regard to the embodiment of physical activity in young adolescents in the UK. The findings suggest that pedagogical practices within the family environment are crucial to the development of embodied dispositions toward physical activity and health. The results illustrate that the family operates as a “pedagogical” field where personal histories and prevailing social circumstances exert a strong influence on children’s embodied physicalities.

scholarly journals Separate Issues Regarding Corporate Rights of the Spouses

2020 ◽  
pp. 31-37
Author(s):  
Nataliia VINTONYAK
Keyword(s):  
Limited Liability ◽  
Private Company ◽  
Corporate Rights ◽  
Judicial Practice ◽  
The Family ◽  
Corporate Entity ◽  
Marital Property ◽  
The Right ◽  
A Company ◽  
Authorized Capital

Even though theoretical and practical problems that arise due to acquiring corporate rights by one of the spouses have been widely investigated in the scientific literature, certain aspects regarding corporate rights of the spouses remain relevant and require more in-depth research. It is due to the fact that quite often the spouses invest their marital property in the authorized capital of a corporate entity (for example, a Limited Liability Company (LLC) or a Private Company). For one of the spouses who is a company shareholder, the right to property, which is being contributed to the authorized share capital of the corporation, becomes corporate right. For the other spouse, the mentioned above rights become claim rights, which enable them to later obtain certain sums of money, including compensation for marital property objects invested in the authorized capital of a corporate entity. In this article the author analyzes the judicial practice that regards awarding compensation to one of the spouses in case marital property was invested in the authorized capital of a corporate entity. It has been concluded that judges employ several approaches in the course of setting up the compensation to one of the spouses. Namely, that of the spouses who is not a member of a corporate entity has the right to claim the following: 1) to be compensated for the share of marital property that was invested in the authorized capital of a corporate entity; 2) to be compensated for the share in authorized capital belonging to the spouse who is a member of a corporate entity. The spouse who is not a member of a corporate entity is entitled to compensation only in case marital property was invested in the authorized capital of the corporate entity without their consent and against the interests of the family. The aforementioned will be the key criterion while deciding whether the spouse is entitled to compensation for the marital property invested in the authorized capital of a corporate entity.

scholarly journals Kedudukan Anak Astra (Anak Luar Kawin) dalam Hukum Keluarga dan Kewarisan Adat Bali

2021 ◽  
Vol 2 (3) ◽  
pp. 662-666
Author(s):  
I Gede Yudha Rana ◽  
I Made Suwitra ◽  
Diah Gayatri Sudibya
Keyword(s):  
Secondary Data ◽  
Literature Study ◽  
Conceptual Approach ◽  
New Family ◽  
The Family ◽  
Legal Position ◽  
Study Techniques ◽  
The Right ◽  
Research Type ◽  
Legal Marriage

The presence of a child in the family is happiness as a manifestation of the fruit of a husband and wife's love. Having children is everyone's dream, especially when starting a new family or legal marriage. However, this is inversely proportional to children who are born without a previous legal marriage relationship so that the child is included in the class of children outside marriage or Astra children in accordance with Article 43 of Law Number 1 of 1974 concerning Marriage. This child out of wedlock sometimes becomes a problem in the family because not all stepfathers accept their existence. This study aims to reveal the position of children in traditional inheritance families in the Malet Village of Kutamesir and analyze the protection of Astra children in family law and inheritance in the Indigenous Village of Malet Kutamesir. This study uses an empirical legal research type with a conceptual approach. The data used are primary and secondary data obtained through interview techniques and literature study techniques and analyzed qualitatively and legal interpretation with a descriptive final presentation. The results of this study reveal that an astra child only has a legal position in inheriting his mother's property and an astra child has the right to get protection from whatever happens around his life, be it at home or outside the home.  

scholarly journals Effect Of Religiosity On The Household Women’s Care-Giving Behaviour Towards The Elderly In The Family: A Case Of Sargodha City (Pakistan)

2015 ◽  
Vol 11 (1) ◽  
pp. 113-124
Author(s):  
Mohammad Iqbal ◽  
Syeda Mehnaz Hassan
Keyword(s):  
Household Income ◽  
Employment Status ◽  
Great Majority ◽  
Well Being ◽  
The Elderly ◽  
Care Giving ◽  
Married Life ◽  
Mature Women ◽  
The Family ◽  
More Care

This study was conducted with a purport to evaluate how far religiosity affects household women’s care-giving behaviour towards senior individuals in the family. For this purpose, a random sample of 205 women of Sargodha city was selected from Sargodha City(Pakistan)to study the effect of religiosity on the General Well Being (as a measure of care) of the senior individuals in the family. The findings of the study indicate that mature women (41-50 years old) with moderate span of their married life (11-15years) give more care to the older adults in the family. But, despite that, a great majority of senior individuals in the family are at a state of low wellbeing level. The findings of the study revealed the reason that it was due to lack of religiosity which is strongly positively associated with well-being. Among the other factors, age, span of married life, household income and education correlate with the well-being positively but employment status negatively. Very interestingly, as the findings indicate, the care-giving behaviour is irrespective of the number of carerecipients in the family.

Messianic Footsteps in the Third Solitude: Canadian Jewish Mysticism in Tosher Hasidism

1969 ◽  
Vol 25 ◽  
Author(s):  
Aubrey Glazer
Keyword(s):  
Jewish Community ◽  
North American ◽  
Cultural Context ◽  
Strong Influence ◽  
Family Reunion ◽  
Host Culture ◽  
Jewish Mysticism ◽  
The Third ◽  
American Jewry ◽  
The Family

Critics have suggested that in Canadian literature there are “two solitudes” of Anglophone and Francophone linguistic and ethnic clusters, which give way to the unique “third solitude” of Montreal Jewry. I argue there are uniquely mystical currents of the messianic footsteps within the “third solitude” as embodied in one such Jewish community in Boisbriand, Quebec. To explore this claim, I turn to this Jewish community’s mysticism as manifest in a specific ritual during Passover. While a passion for Passover retains its pull on diaspora Jewry, the question remains why this homebound ritual retains such strong influence on North American Jewry, and in particular on the highly insular Tosher Hasidism. By analyzing the Passover seder, I suggest that Passover reflects a deeper concern with the eschaton of messianic footsteps in the “third solitude” of Canadian Jewish mysticism. I build on the case already made for Canadian Jewish mysticism in this journal, claiming that such a mysticism enables the aspirant to be exceptionally well-equipped to transform their exile into homecoming, all the while succumbing to the transformation of their soul within a “third solitude” of the host culture. This experience of homecoming, felt especially by Quebec Jews during the Passover season, calls the mystic to interpret and unify living and eating during the family reunion of the seder, through a cultural preoccupation of exile, dislocation, and memories of an abandoned homeland. I am concerned with how the messianic archetype of Elijah is rendered in the ‘Avodat haLevi haggadah' of the Tosher Rebbe, Rabbi Meshulam Feish Segal-Loewy. I argue that the post-messianic messianism of Tosher Hasidism appears paradoxical in its strong resistance to cultural assimilation, though it is nurtured by the cultural context of political messianism in Quebec. This essay compares the ‘Avodat haLevi haggadah with Rabbi Yitzhak Yehudah Yehiel Safrin’s Megillat Setarim, to set into relief the need for a greater awareness of the variegated spiritual landscape of Canadian Jewish mysticism. Only once these revisionary currents are articulated can there be an appreciation for the messianic impulse within the Komarno-Zidichov Hasidic lineage as manifest in Tosher Hasidism, which transcends and includes markers of a uniquely Canadian Jewish mysticism.

LEGAL REVIEW ON THE LEGITIMACY OF GUARDIAN TO THE MARRIAGE OF ADOPTED CHILD

2015 ◽  
Vol 1 (1) ◽  
pp. 11-20
Author(s):  
Ani Yumarni
Keyword(s):  
Legal Theory ◽  
The Other ◽  
Family Tree ◽  
Adopted Child ◽  
Normative Approach ◽  
Legal Remedy ◽  
The Family ◽  
Research Objects ◽  
The Right ◽  
Legal Marriage

ABSTRACT               A legal marriage is the process of marriage which qualifies the requirements and pillars stipulated by law. However, the appearance of consenting marital guardian (wali) of marriage is among the pillars of legitimate (rukun) marriage. Accordingly, guardian as mentioned here is a relative guardian. This stipulation is applied to daughters including adopted daughters who intentionally going to perform marriage. In particular condition in the society, sometimes, a marital guardian of adopted daughters is untraceable.  Therefore, in order to examine and analyze the legitimate person to be guardian of marriage, an appropriate legal remedy that becomes the purpose of this research is needed. The methodology applied in the research is juridical normative approach whereby objectively explaining particular data followed by an analysis based on legal theory and related statutes of research objects. However, the custodial right of adopted child is only restricted to the right of custody, nurture, and education. On the other hand, marital custodial right is still belongs to biological parent so long the family tree is identifiable. On the contrary, In case of biological marital guardian is unidentifiable, a guardian judge can perform such right according to the court decision. It was advocated by Article 49 of Law No. 3 of 2006 concerning on Shariah Court. At the same vein, article 17 stipulated on the appointment of another person as guardian in case of somebody’s custodial right is rejected, and followed by Article 18 which stipulated on the appointment of guardian of not 18 (eighteen) years old enough bereaved child. Keywords: Guardian, Marriage, Adopted child.

Georges Gilles de la Tourette (1857–1904)

2018 ◽  
pp. 3-18
Author(s):  
Olivier Walusinski
Keyword(s):  
Nineteenth Century ◽  
Family Environment ◽  
Family Life ◽  
Historical Study ◽  
Married Life ◽  
New Information ◽  
The Family ◽  
Key Events ◽  
The Village

This chapter clarifies the toponymic origin of Georges Gilles de la Tourette’s family name, describes the family environment in which he grew up, details his married life, and also introduces his children. It presents also the key events in Gilles de la Tourette’s personal and family life together, giving some idea of how the provincial bourgeoisie lived in France during the nineteenth century. All of the new information in the chapter is based on family archives that were found in a museum in the village of Loudun, in western France. These archives have never before been used for historical study.

Family, Loss, and Change

2018 ◽  
pp. 221-232
Author(s):  
Katherine R. Allen
Keyword(s):  
Nuclear Family ◽  
Extended Family ◽  
Family Members ◽  
Relationship Dissolution ◽  
Same Sex ◽  
The Family ◽  
Family Loss ◽  
Legal Marriage

Same-sex relationship dissolution has reverberations for individuals beyond the nuclear family. This chapter discusses a lesbian-parent family, consisting of two moms and two kids—when it broke up nearly two decades ago, many other family members, including the donor and his husband, were deeply affected. This chapter reflects on this experience from the author’s perspective of a family scholar and an activist for LGBTQ family rights. In the absence of legal marriage and thus legal divorce, family lives turned out in ways that even the most careful, deliberate efforts could not anticipate nor protect. The experiences described highlight many losses and regrets, despite the intentional love and concern for all of the parents, children, and extended family members involved. These reflections on this experience are intended to honor the family as it once was and the families they have become.

scholarly journals Divorce in the family business: unfolding the legal problems by learning from practice

2016 ◽  
Vol 6 (1) ◽  
Author(s):  
Kajsa Haag ◽  
Lars-Göran Sund
Keyword(s):  
Family Business ◽  
Design Methodology ◽  
Family Law ◽  
Business Context ◽  
Legal Perspective ◽  
The Family ◽  
Critical Issues ◽  
Marital Property ◽  
The Impact ◽  
Practical Implications

Purpose Our purpose is to explore the case of divorce in family business from a legal perspective and highlight the problems of applying family law in the family business context. Design/methodology/approach We rely on legal analysis and interviews with estate distribution executors to discuss problems with the legal rules and how they are practiced. Findings Our findings show that the law is ill fitted to the situation where there is a family business included in the division of marital property. In divorce, family law dictates the division of marital property and the family business is reduced to an asset to be divided like any other. Critical issues are identified and elaborated. Research limitations/implications Divorce and other disruptions to the family system should be considered in family business consultancy among other threats to the business. The legal perspective on divorce in the family business offered here primarily concerns ownership issues. The impact of divorce on management is equally in need of exploration, which is our suggestion for further studies. Practical implications Our paper illuminates in which ways the business is hampered from divorcing owners and discuss critical issues with applying family law in a family business context. Originality/value New light is shed on the practical problems of interpreting family law in a family business context advancing our understanding of family aspects in family business management.

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