scholarly journals The legal and legitimate rooting for the issue of alimony in the Iraqi Personal Status Law

2021 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Nasren Abubakr Othman ◽  
Khaled Mohammad Salah
Keyword(s):  
Building Block ◽  
Basic Building Block ◽  
Feminist Organizations ◽  
The Family ◽  
Legal Texts ◽  
Personal Status ◽  
Marriage Contract ◽  
Inalienable Rights ◽  
The Law ◽  
The Stability

Marital alimony is one of the inalienable rights of the wife over her husband according to the correct marriage contract, and it is one of the effects of the marriage contract, and this alimony has great importance in marital life and a prominent role in the stability of the family, which is the basic building block of society. The alimony comes in exchange for the wife's obedience to her husband And devote herself to manage her home and rearing her children .In recent times, some doubts have been raised about the feasibility and justification of alimony, as some feminist organizations considered Feminism  it a means of humiliating women and a reason for the wife’s subordination to her husband.  So she demanded to be removed from the law.  The purpose of this research is to demonstrate the legal and legitimate basis for the issue of alimony, and the extent of the legislator’s authority to raise or amend it, with an indication of the legality and legitimately of the amendments made to the articles related to alimony in the Iraqi Personal Status Law under the Amendment Law No. (15) of 2008,  and it’s through  the statement of the verses, hadiths, and legal texts related to alimony, and the views of the jurists in their analysis and interpretation.

scholarly journals PREWEDDING PHOTO PROCESSION AND THE ROLE OF THE FAMILY IN THEM

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.

scholarly journals Family Reform and Judicial Discretion of the judge to resolve family disputes: الإصلاح الأسري وسلطة القاضي التقديرية لحل النزاعات الأسرية

2020 ◽  
Vol 4 (10) ◽  
Author(s):  
Fawzieh Salem Mubarak Busboos
Keyword(s):  
Central Place ◽  
Judicial Discretion ◽  
Great Care ◽  
The Family ◽  
Islamic Jurisprudence ◽  
Personal Status ◽  
Solid Foundation ◽  
The Law ◽  
Rule Out

Family reform and judicial discretion of the judge to resolve family disputes are one of the most important ways to protect the continuity and cohesion of the family، Islam has given the family a central place in society and has given it great care in terms of its foundation on the requirements of religion as well as in terms of its continuity on a solid foundation of intimacy and compassion. Islam as a realistic religion didn't rule out exposing this family for a series of conflicts that threaten its stability. Therefore، Islam urged to reform between the spouses whenever there is a disagreement between them. Islam gave the judge a judicial discretion in resolving family disputes. Jordanian Personal Status Law didn't deviate from what is prescribed in Islamic jurisprudence، where the judge was given a judicial discretion in resolving family disputes، A judicial discretion is the freedom that left by the law to a judge either expressly or implicitly، This is in order to choose the most appropriate and the closest solution among other solutions. We have concluded that one of the most important factors for the success of the judge in reducing family disputes is providing appropriate conditions for effort and reform attempts.

Family Canon: The Politics of Family during the Last Civic-Military Dictatorship in Argentina, 1976–83

2021 ◽  
pp. 1-23
Author(s):  
Patricia Juárez-Dappe
Keyword(s):  
Building Block ◽  
Focal Point ◽  
Well Being ◽  
Traditional Values ◽  
Basic Building Block ◽  
Military Dictatorship ◽  
Military Junta ◽  
Authoritarian State ◽  
The Family ◽  
Double Function

Abstract On 24 March 1976 a military junta deposed President María Estela Martínez de Perón and assumed power in Argentina. From the first days of the takeover, the authorities worked vigorously to restore what they defined as legitimate Argentine values. This article shows how the family became a focal point of the government's efforts because of its double function as an agent of and a target for renovation. A microcosm of the Argentine nation, the family was considered the basic building block of society, a guarantor of the civic well-being of the nation and, as such, an important ally of the authoritarian state in the fight to restore Argentina's ‘traditional’ values. The analysis focuses on the civic-military regime's efforts to fashion a family canon, which would become the only legitimate version of the Argentine family, and the broad repertoire of strategies used to impose it on the Argentine population.

scholarly journals Stipulation of Rights in the Practice of Nikah Al-Khitbah According to the Fuqaha’ and the Islamic Family Law in Malaysia (Penetapan Syarat di dalam amalan Nikah Khitbah menurut Fuqaha’ dan Undang-Undang Keluarga Islam di Malaysia)

2020 ◽  
Vol 17 (1) ◽  
pp. 314-331
Author(s):  
Miszairi Sitiris ◽  
Mustafa bin Mat Jubri @ Shamsuddin ◽  
Mohd Afandi Bin Awang Hamat
Keyword(s):  
University Students ◽  
Sexual Intercourse ◽  
Financial Constraints ◽  
Analytical Study ◽  
Family Law ◽  
Legal Texts ◽  
Marriage Contract ◽  
Islamic Family Law ◽  
The Law ◽  
The Right

Nikahal-khitbah or popularly known as nikah gantung became a choice of a handful of teenagers especially among university students in Malaysia due to financial constraints and educational reason. Such type of wedding practice raises a number of questions related to juristic issues. This is because the practice of Nikahal-khitbah involves establishing some limitation of rights that violate the purpose or intent of marriage. Among others, the spouses agree to defer some of their rights such as declining the right of nafaqah and the right of sexual intercourse which are against the original purpose (muqtada aqd) of marriage contract. This paper aims to study the opinions of jurists (FuqahÉ’) regarding such limitation or agreement in marriage contract and their validity according to the Islamic Family Law in Malaysia. This paper relies on analytical study in discussing the opinions of the Fuqaha’ and understanding the legal texts of the law related to the matter. This study found that marriage practice through nikah al-khitbah is valid according to the majority views of FuqahÉ’. Islamic family laws in Malaysia do not deny the validity of such marriage practices although there are some legal effects on the limitation of marriage rights.           Keywords: Agreement in marriage contract, nikah al-khitbah, permission by the wali, Islamic Family Law in Malaysia. Abstrak Nikah al-khitbah atau lebih dikenali dengan nikah gantung menjadi pilihan segelintir remaja terutamanya di kalangan pelajar universiti di Malaysia atas faktor kekangan kewangan serta pelajaran. Amalan pernikahan ini menimbulkan beberapa pertanyaan berkaitan hukum fiqh. Ini adalah kerana di dalam amalan pernikahan secara nikah al-khitbah melibatkan penetapan beberapa syarat tertentu yang menyalahi maksud serta tujuan pernikahan. Antaranya, pasangan suami isteri bersetuju untuk melepaskan hak mereka terhadap pasangan mereka, iaitu hak mendapat nafaqah dan hak melakukan hubungan kelamin, yang mana ianya bercanggah dengan matlamat asal atau muqtada akad nikah. Objektif kertas kerja ini adalah untuk mengkaji pandangan para Fuqaha’ terhadap pensyaratan atau perjanjian sebegitu di dalam akad nikah dan keterikatannya menurut Undang-Undang Keluarga Islam di Malaysia. Kertas kerja ini menggunakan kaedah analis di dalam membincangkan pandangan Fuqaha’ dan di dalam memahami peruntukan undang-undang berkaitan dengan perkara tersebut. Kajian ini mendapati bahawa amalan perkahwinan secara nikah al-khitbah adalah sah menurut pandangan majoriti FuqahÉ’. Undang-Undang Keluarga Islam di Malaysia tidak menafikan kesahan amalan pernikahan tersebut walaupun terdapat beberapa kesan undang-undang terhadap syarat yang ditetapkan.            Kata Kunci: Pensyaratan di dalam akad nikah, nikah al-khitbah, izin wali, Undang-Undang Keluarga Islam di Malaysia.  

scholarly journals The Law Applied to "Honor Crimes" is a Disgrace to the Law

1970 ◽  
pp. 6
Author(s):  
Nabeela Saab Barakat
Keyword(s):  
Personal Status ◽  
Marriage Contract ◽  
The Law ◽  
The Right

If the right to divorce is unilateral, i.e. restricted to the husband unless the marriage contract states otherwise, the law of the personal status in Mohammedan communities compensates the wife by imposing on the husband certain duties which he must fulfill if he decides to divorce his wife: first he has to pay her the "mahr" or dowry required in the marriage contract; second, in case he has children from the divorcee, he has to provide her with the regular allowance necessary for their support.

scholarly journals Breaking Up the Family: Divorce in Egyptian Law and Practice

Hawwa ◽  
2008 ◽  
Vol 6 (1) ◽  
pp. 52-74 ◽  
Author(s):  
Nathalie Bernard-Maugiron ◽  
Baudouin Dupret
Keyword(s):  
Twentieth Century ◽  
Legal Status ◽  
Family Law ◽  
Legal Reforms ◽  
Effective Implementation ◽  
The Family ◽  
Legal Texts ◽  
Personal Status ◽  
Sociological Approaches ◽  
Status Of Women

AbstractIf the legal status of women wishing to end an unhappy marriage has undoubtedly improved through the codification process of personal status law in Egypt in the twentieth century, it still remains very unequal in comparison to the privileges enjoyed by men in that field. Moreover, the practical effects of these legal reforms can be questioned. This chapter will study marriage breakups in Egypt through both legal and sociological approaches. Legal texts governing family law will first be examined to expose the different ways marriage can be broken up and how the reforms were legitimated by reference to sharî'a principles. Then the various obstacles that impede the effective implementation of these reforms will be exposed, to stress that the study of law should capture the language of law in action and not only of law in books.

scholarly journals Prenuptial agreementin the law of the People’s Republic of China and the Russian Federation

2021 ◽  
pp. 9-14
Author(s):  
V. V. Dolinskaya
Keyword(s):  
Russian Federation ◽  
Family Relations ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Family ◽  
Marriage Contract ◽  
The Russian Federation ◽  
The Law

The family legislation of China and Russia is analyzed. The main characteristics and specifi cs of the marriage contract are revealed. Further ways of development of legal regulation of the considered group of family relations are offered.

Buried Narratives: Exhuming the Mother's Story in Oliver Twist

2018 ◽  
Vol 8 (3) ◽  
pp. 247-266
Author(s):  
Michelle L. Wilson
Keyword(s):  
Social Change ◽  
Maternal Inheritance ◽  
The Novel ◽  
Poor Law ◽  
The Family ◽  
The Law ◽  
First Time ◽  
Critical Consideration

Initially, Oliver Twist (1839) might seem representative of the archetypal male social plot, following an orphan and finding him a place by discovering the father and settling the boy within his inheritance. But Agnes Fleming haunts this narrative, undoing its neat, linear transmission. This reconsideration of maternal inheritance and plot in the novel occurs against the backdrop of legal and social change. I extend the critical consideration of the novel's relationship to the New Poor Law by thinking about its reflection on the bastardy clauses. And here, of course, is where the mother enters. Under the bastardy clauses, the responsibility for economic maintenance of bastard children was, for the first time, legally assigned to the mother, relieving the father of any and all obligation. Oliver Twist manages to critique the bastardy clauses for their release of the father, while simultaneously embracing the placement of the mother at the head of the family line. Both Oliver and the novel thus suggest that it is the mother's story that matters, her name through which we find our own. And by containing both plots – that of the father and the mother – Oliver Twist reveals the violence implicit in traditional modes of inheritance in the novel and under the law.

Thienopyrrolocarbazoles: New Building Blocks for Functional Organic Materials

2019 ◽  
Author(s):  
Dorian Bader ◽  
Johannes Fröhlich ◽  
Paul Kautny
Keyword(s):  
Building Block ◽  
Organic Materials ◽  
Building Blocks ◽  
Molecular Properties ◽  
The Family ◽  
Facile Preparation

The facile preparation of three regioisomeric thienopyrrolocarbazoles applying a convenient C-H activation approach is presented. Derived from indolo[3,2,1-<i>jk</i>]carbazole, the incorporation of thiophene into the triarylamine framework significantly impacted the molecular properties of the parent scaffold. The developed thienopyrrolocarbazoles enrich the family of triarylamine donors and constitute a novel building block for functional organic materials.

Thienopyrrolocarbazoles: New Building Blocks for Functional Organic Materials

2019 ◽  
Author(s):  
Dorian Bader ◽  
Johannes Fröhlich ◽  
Paul Kautny
Keyword(s):  
Building Block ◽  
Organic Materials ◽  
Building Blocks ◽  
Molecular Properties ◽  
The Family ◽  
Facile Preparation

The facile preparation of three regioisomeric thienopyrrolocarbazoles applying a convenient C-H activation approach is presented. Derived from indolo[3,2,1-<i>jk</i>]carbazole, the incorporation of thiophene into the triarylamine framework significantly impacted the molecular properties of the parent scaffold. The developed thienopyrrolocarbazoles enrich the family of triarylamine donors and constitute a novel building block for functional organic materials.

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