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.

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 The effect of abuse of the using of husband for his righ to discipline his wife (comparative study between fiqh and law)

2019 ◽  
pp. 1-41
Author(s):  
Dalia Kadry Abdel Aziz ◽  
◽  
Rehab Moustafa AL sayed ◽  
Keyword(s):  
Comparative Study ◽  
Arab Countries ◽  
Special Effects ◽  
Islamic Jurisprudence ◽  
Personal Status ◽  
The Law ◽  
The Right

We have discussed the position of both Islamic jurisprudence and the law from effect of the effect of abuse of the the using of husband for his righ to discipline his wife , in Islamic jurisprudence, there are special effects that vary according to the method that the husband abused whether preaching, leaving or beating and there are general effects whatever the method used to the discipline of the wife. The personal status laws did not discuss this matter, but we can conclude the right of wife to divorce for this reason through expansion of texts discuss the divorce for damage. The positions of criminal laws in Arab countries differed in the recognition of the right of husband to discipline his wife, there are who explicitly recognize this right and there are who refers the matter to the provisions of Islamic low, and there are who silent about this matter although it mentioned the others reasons for using the right. Western criminal laws did not recognize the right of husband to discipline his wife, so he is fully responsible for any attack on his wife.

scholarly journals Couvrez cette communauté que je ne saurais voir: Equity and Fault in the Division of Quebec’s Family Patrimony

2018 ◽  
Vol 25 (4) ◽  
pp. 569-603 ◽  
Author(s):  
Nicholas Kasirer
Keyword(s):  
Common Law ◽  
Civil Code ◽  
Judicial Discretion ◽  
Unjust Enrichment ◽  
Unequal Division ◽  
The Family ◽  
Civil Code Of Quebec ◽  
The Law ◽  
Matrimonial Law

An inquiry into the role of fault in divorce may be taken as an invitation, for the Quebec jurist, to evaluate the place of misconduct in petitions for unequal “partition'' of the family patrimony. The author proposes an analysis of article 422 of the Civil Code of Québec based on a comparison with the law of family property in common law Canada. He observes a disinclination, felt in Quebec legal circles, to explore the connections between recourses under Quebec law for unjust enrichment in marriage and parallel remedies in common law. Basing himself principally on a review of rules similar to article 422 in Ontario law, he contends that a court should not allow ordinary measures of spousal misconduct to influence petitions for the unequal division of the family patrimony. Connecting the family patrimony to the statutory remedies for unjust enrichment in Ontario matrimonial law reveals a narrow idea of economic fault that underlies the judicial discretion at article 422 C.C.Q.

scholarly journals THE AMENDMENT TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: RECONCILING THE IRRECONCILABLE

2021 ◽  
Vol 29 ((S1)) ◽  
pp. 1-15
Author(s):  
Najibah Mohd Zin ◽  
Nora Abdul Hak ◽  
Abdul Ghafur Hamid @ Khin Maung Sein ◽  
Hidayati Mohamed Jani
Keyword(s):  
Family Relationship ◽  
Legal Framework ◽  
Law Reform ◽  
Marriage And Divorce ◽  
The Family ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Legal Arguments ◽  
The Law ◽  
The Impact

This article examines the ramifications of the recent amendment to the Law Reform (Marriage and Divorce) Act 1976 (Act 164) in protecting the wellbeing of the family relationship involving interfaith marriage and other legal issues governing non-Muslim families. The amendment witnessed substantial reforms to section 51 of Act 164 pertaining to the divorce on the ground of conversion, increasing the age limit for child maintenance and adopting more flexible principles in dividing matrimonial assets. However, the focus will be on the impact of the amendment to section 51 of Act 164 due to its significant in changing the landscape of legal arguments pertaining to jurisdiction of the court in dealing with the subject matter in dispute, ranging from the divorce and other intense arguments pertaining to maintenance of wife, child custody and religious status of children. The study adopts qualitative study in elucidating relevant documents that comprised of statutory laws, articles in legal journals and decided cases where arguments leading to the need for the reform of those affected issues were well addressed.  Certain aspects of Islamic jurisprudence will be referred to and analysed in searching for authoritative and practical legal arguments within the existing legal framework.  Harmonisation of law is adopted whenever applicable when dealing with the resolution of conflict of laws.  It is hoped that this study will provide constructive argument and invaluable source of reference for the Malaysian civil court in disposing of interfaith family disputes when the law is fully enforced.

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.

Mengatasi Kelangkaan Tafsir Ahkam di Tengah Komunitas Penggiat Fikih Nusantara

SUHUF ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 219-234
Author(s):  
Muhammad Ishom El-Saha
Keyword(s):  
Social Life ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Muslim Scholars

Study on Islamic  jurisprudence in  Indonesian is very vigorous and developed in accord with the dynamics of society’s life in Indonesia. Starting from the study of Islamic jurisprudence on worship, marriage and even on social life in line with the revival of  shariah economy. However, although the study theme of Islamic jurisprudence is getting wider, it has not aroused the mark for the interest revival of Indonesian muslim scholars to  study in depth and width about the Quranic exegesis of the law yet. This writing is made to encourage those who may concern on this issue that it is advisable to those vigorously study the Islamic jurisprudence in Indonesia redesign the pattern of the study of Islamic jurisprudence to be more systematic by emphasizing its study on the Quranic exegesis of the law. This writing explains that the study of Islamic jurisprudence using the approach of the Quranic exegesis of the law will lead to the comprehensive undertanding on the problems of Islamic jurisprudence.

Admissibility of confession evidence: Principles of hearsay and the rule of voluntariness

2021 ◽  
pp. 136571272110022
Author(s):  
Jennifer Porter
Keyword(s):  
Western Australia ◽  
Common Law ◽  
South Australia ◽  
Judicial Discretion ◽  
Trial Judge ◽  
Important Policy ◽  
Oral Testimony ◽  
The Common ◽  
The Law ◽  
Confession Evidence

The common law test of voluntariness has come to be associated with important policy rationales including the privilege against self-incrimination. However, when the test originated more than a century ago, it was a test concerned specifically with the truthfulness of confession evidence; which evidence was at that time adduced in the form of indirect oral testimony, that is, as hearsay. Given that, a century later, confession evidence is now mostly adduced in the form of an audiovisual recording that can be observed directly by the trial judge, rather than as indirect oral testimony, there may be capacity for a different emphasis regarding the question of admissibility. This article considers the law currently operating in Western Australia, Queensland and South Australia to see whether or not, in the form of an audiovisual recording, the exercise of judicial discretion as to the question of the admissibility of confession evidence might be supported if the common law test of voluntariness was not a strict test of exclusion.

The Family, the Law and the State

Living ◽  
1940 ◽  
Vol 2 (1) ◽  
pp. 20
Author(s):  
Max Rheinstein
Keyword(s):  
The State ◽  
The Family ◽  
The Law

Be Careful what you Ask for

Hawwa ◽  
2016 ◽  
Vol 14 (1) ◽  
pp. 94-112
Author(s):  
Carolyn Fluehr-Lobban
Keyword(s):  
Islamic Law ◽  
Military Coup ◽  
Personal Status ◽  
The Law

The current Islamist government, ushered in by a military coup in 1989, declared that the Sudan must be governed by Islamic law orshari’ain accordance with what it called the Civilization Project. As expected, the personal status for Muslims laws,Ahwal Shakhsiyya, continued to be governed by shari’a as it has always been. However, the Sudanese society experienced unprecedented changes that are considered un-Islamic, and may be even punishable by law. In this paper two of those changes happened in the institution of marriage. This paper discusses two types of marriage, ‘Urfi and Misyar that are not part of the law, and traditionally unacceptable, and by law deemed by some to be illegal. Some scholars are seeking to normalize and may be legalize both types.

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