scholarly journals REPERCUSSIONS OF MARITAL INFIDELITY IN MALAYSIA: A LEGAL RESPONSE

2021 ◽  
Vol 29 ((S1)) ◽  
pp. 91-109
Author(s):  
Roslina Che Soh ◽  
Nora Abdul Hak ◽  
Noraini Mohd Hashim ◽  
Muhammad Helmi Md. Said

In today’s modern society, marital infidelity has become a dangerous threat to married life. Married couples are seen to be ‘comfortable’ in engaging in relationships with third parties. Such a trend has greatly contributed to the breakdown of marriages and subsequently led to the increase in the number of divorces and thus threatening the family institution. There are diverse causes for the prevalence of marital infidelity and this includes marriage boredom, unrealistic expectations, conflicts and misunderstandings between the husband and the wife. Although the seriousness of the affairs is widely recognized but marital infidelity is not considered as an offence in many jurisdictions including Malaysia. The objective of this article is to discuss the legal repercussions of marital infidelity in Malaysia and to consider whether existing legal solutions through the enforcement of law is an adequate mechanism to curb this social problem. The methodology adopted in this study is based on the content analysis of reports, case laws, leading textbooks and journal articles. The article is significant as it addresses crucial concerns over the adequacy of existing laws relating to the protection of the marriage and family institutions in Malaysia. The article is concluded with a series of recommendations and suggestions for improvements in existing law through appropriate legal mechanisms so as to curb the issue of marital infidelity in order to preserve the well-being of the family institution as a whole.

2021 ◽  
Vol 10 (42) ◽  
pp. 124-140
Author(s):  
Iryna P. Yakymchuk ◽  
Serhii M. Olkhovetskyi ◽  
Ilona V. Rashkovska ◽  
Halyna M. Bevz ◽  
Maryna O. Martseniuk

The article analyzes interaction of spouses in overcoming financial stress. An online survey of 136 married couples was conducted during the lockdown caused by the spread of COVID-19 accompanied by family income losses. Frequency and severity of discussions on financial topics; level of subjective economic well-being, activity of coping strategies, family cohesion and adaptation were measured. Results showed that the discussion of financial topics is a stressor for married couples, accompanied by contradictions and conflicts, but ultimately helps to improve quality of relations between spouses, and also increases the adaptability of the family system in a situation of socio-economic crisis. Subjects of conflicts were defined. Influence of gender roles on financial consciousness and behavior was shown. Wives are more likely to initiate discussions on economic topics and more inclined to economic anxiety, while husbands showed economic optimism. The severity of financial stress correlates with assessments of family cohesion. Correlations between financial well-being and coping behavior of husbands and wives represent the family as an entire open system. Partners are interdependent in overcoming financial stress. Collective family coping is determined by individual reactions of spouses. The efforts of partners can be congruent and complementary.


Author(s):  
Habib ALIPOUR ◽  
Hamed REZAPOURAGHDAM ◽  
Banafshe ESMAEILI

Given concerns over the public and individual health status of modern society and the scarcity of research on mobility and the health nexus, taking a personalist perspective grounded in spillover theory integrated with broaden-and-build theory, this study uses preventive science ideology and explores the links between tourism and public health through the illustration of the effects of travel on people’s personal, mental, and social wellbeing (PMS-web). A comprehensive review of the literature which is based on themes initiated from WHO (1948) statement: “Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity” was adopted. Physical, mental, and social (PMS) well-being and tourism/travel keywords were used to search top tier journal articles via the Web of Science and google scholars’ search engines. Findings revealed that a positive linkage exists between travel/tourism and the PMS well-being of individuals that contribute considerably to their state of health per se and is vital to the public health in societies. Although the reviewed tourism literature includes plentiful studies on health/medical tourism or the health issues of host/guests, the lack of focus on the nexus of tourism and public health is sensible.


2000 ◽  
Vol 13 (1) ◽  
pp. 41-53 ◽  
Author(s):  
Hannu Littunen ◽  
Kimmo Hyrsky

This study examined factors influencing the survival and success of 200 Finnish family and nonfamily firms in the metal-based manufacturing industry and business services over the first three years of their operation. The features that this study reviewed include owner-manager personality attributes, entrepreneurial competence, and motives for the start-up. Strategic choices of the firms were also examined. The study found that family firms were better equipped to survive beyond the early entrepreneurial stage than were nonfamily businesses. The entrepreneurial abilities and resources of the family business owners enabled them to operate relatively successfully in the nearby market, often with one unique product. The family firms were more conscious of survival and family well-being than profitability or market position. A higher mortality rate was discovered among the nonfamily firms. Failed firms were often established with unrealistic expectations, and their performance deteriorated rapidly after their early success.


2020 ◽  
Vol 11 (2) ◽  
pp. 337-341
Author(s):  
Plamena Tsvetanova ◽  
◽  
Dochka Danova ◽  

In the modern society, with this fast growing technical progress, there are lots of changes in the social relationships between people, the psychological rules in the society are broken. The relationship between parents and children is changing, and the role of the family as one of the most important institutions of socialization is becoming increasingly less than before. Concerned about economic survival and well-being, parents put in the background the communication and upbringing of their children or leave this obligation to the teachers, but they forget that the parent is the first teacher of the children, they are the ones who influence children`s values and way of thinking, they are their role model. For this reason, the kindergarten, as the first social institution outside of home, has the responsibility to create effective, real, scientifically based interaction with the family. Although the family and the kindergarten are two systems, different in structure and methods of pedagogical interaction, they are closely connected in a common goal – raising and educating children and should not be against each other. This article present a model for improving the social and pedagogical relationships between the family and kindergarten.


2016 ◽  
Vol 31 (2) ◽  
Author(s):  
Marcelo Couto Dias

Resumo: A família tem aparecido sempre mais nas discussões sobre políticaspúblicas, sobretudo quando se trata da questão do bem-estar dos grupos maisvulneráveis à pobreza. Isso acontece depois de um longo tempo no qual afamília ficou fora do foco das políticas, enquanto prevaleceu a ideia de que elaconstituía mais um problema na organização da sociedade moderna do queuma força positiva com a qual contar para alcançar as metas de desenvolvimentoalmejadas pela sociedade. O presente artigo, após breve descrição dostipos de políticas familiares adotadas no Brasil e demais países da AméricaLatina, propõe alguns elementos de discussão do lugar da família nas políticaspúblicas, à luz da abordagem relacional e do princípio de subsidiariedade. Porfim, são apresentados alguns desdobramentos das discussões anteriores nocampo da educação.Palavras-chave: Família. Políticas públicas. Indivíduo. Direitos da pessoa.Direitos da família. Subsidiariedade. Educação.Abstract: The family is increasingly appearing in the discussions of public policies,especially when one deals with the question of the well-being of the groupsmore vulnerable to poverty. This happens after a long time in which family remainedout of focus of the policies, while prevailed the idea that it constituted morea problem in the organization of modern society than a positive force to countwith in order to achieve the goals of development desired by society. This paper,after a brief description of the types of familiar policies adopted in Brasil and inthe other countries of Latin America, proposes some elements of discussion onthe place of family in the public policies, at the light of relational approach andof the principle of subsidiarity. At last, some developments are presented of theprevious discussions in the field of education.Keywords: Family. Public policies. Individual. Rights of the person. Rights ofthe family. Subsidiarity. Education.


Author(s):  
Liudmyla Berezovska

The article deals with the influence of the COVID-19 pandemic on family relationships. It is noted that any family has been in a difficult position for more than a year, which has adversely affected all areas of its livelihoods and led to an increase in the number of divorces, and, as a result, of incomplete families. Therefore, it is not surprising that family problems, family relationships, attract scientists’ particular attention. Taking into account the importance and relevance of the outlined problems, we have analysed the factors of interpersonal interaction which negatively affect family well-being; they are: conflict relations between spouses, increased emotional tension, lack of communication, the authority of one of spouses, misunderstanding and imposing of inadequate social roles, low level of culture in family relationships. To determine the impact of quarantine on family relationships, a questionnaire was developed on the on-line platform of Google-Forms. 84 married couples were involved into a survey. The analysis of the results testified that in a third of the polled families who took part in the study, significant problems associated with the organisation of family life under conditions of the quarantine arose. This is the evidence that members of the family are not able to spend time together, they lack joint topics and interests, lacking respect and mutual understanding or tolerance towards each other. Working with various types of families (prosperous, non-social, those with low-income, large families), it is necessary for a social worker to take into account the peculiarities of working with different families and, on this basis, to use adequate forms and methods of work. In order to prevent destructive consequences caused by the COVID-19 pandemic, social workers need to strengthen advisory work in on-line and offline formats for the importance of communication within interpersonal relationships, demonstrating openness and trust in relations, adequate behavioural models in conflict situations. Socio-pedagogical work with the family within a quarantine should be aimed at restoring lost trust, harmonisation of married couples’ relationships, creating a favourable microclimate in the family. An important step in raising the culture-related level of family relationships is the creation of innovative complexes of programs by social service centres intended for families, children and youth on the on-line platforms.


Author(s):  
Ecaterina Grigoras ◽  

The change of the demographic behavior of the population is determined by the modernization of the norms and attitudinal-value orientations towards the family, marriage in general and towards the birth in particular. Empirical studies highlight the character of changes in reproductive behavior: decreasing the pressure of social norms of society and increasing the hierarchy of individual values. The research results highlight the attitudinal-value orientations regarding the birth of a child, which is characterized by the domination of modern characteristics. The birth of a child is perceived as a self-fulfillment, bringing the greatest joy in the life of the parents and less as a professional self-realization or economic guarantor of the family. The value of the child remains dominant, attributed by the new generations in modern society, being determined by the individual needs, which fuels the psychological well-being of families / couples. Most of women want a family model with three children if they have all the necessary conditions (about 54.2%), and 43% prefer the family model with two children. For the respondents in the younger age groups (18-19, 2024) the perspective of having two children is more attractive, 49.8% and 54.2%, respectively. Married women want a family model with three children (55.5%), and unmarried women are oriented towards a family model with 2 children (49.6%). For Chisinau, the division between the social norms regarding the number of children it plans is between women who plan two children and a child, which in practice means “at least one child and not more than two”.


1993 ◽  
Vol 37 (1) ◽  
pp. 256-266
Author(s):  
Wolfhart Pannenberg

Abstract Although modern society emancipated itself from its Christian roots, Christian motivs continue to be effective even in the realm oflaw. Thus, in the 16. cent., the idea oftoleration had Christian, though not ecclesiastic origins. In a Christian perspective, however, toleration does not entail complete neutrality in all religious matters and on the part of society and legal order such complete neutrality is to be considered delusive. The positive attitude of Christians toward the German constitution is largely bound up with its emphasis on human dignity, which is rooted in the biblical idea of the human person being created in the image of God. In the reality of modern society, on the other hand, personal selfrealization tends to become the fundamental human right, and on certain points (abortion) issues in conflicts with the priority of human dignity. Here, the idea of freedom degenerates into licence, which in a Christian perspective is sin. Another area of particular concern for Christians in the legal system is marriage and family. Here, the author pleads for the Christian emphasis on marriage as basis of the family and indicates its legal consequences.


2018 ◽  
Vol 5 (1) ◽  
pp. 70-81
Author(s):  
Hastin Melur Maharti ◽  
Winarini Wilman Mansoer

This research is aimed to discover the interrelation between marital satisfaction, religiouscommitment and marital commitment globally and based on its types, personal, moral, andstructural. The sampling of the research is 315 persons, with age 20 until 58 years old. The resultof the research shows there is a significant correlation between marital satisfaction and maritalcommitment, religious commitment and marital commitment, marital satisfaction together withreligious commitment and marital commitment. It is also discovers that marital commitmentinfluences personal commitment and moral commitment, while religious commitment influencespersonal commitment, moral commitment, and structural commitment.Keywords: marital satisfaction, religious commitment, marital commitment   Abstrak Penelitian ini bertujuan untuk mengetahui hubungan antara kepuasan pernikahan, komitmen beragama, dan komitmen pernikahan secara global dan menurut tipenya, komitmen personal, moral, dan struktural. Partisipan penelitian ini adalah berjumlah 315 orang, berusia 20 hingga 58 tahun. Hasil penelitian ini menunjukan bahwa terdapat hubungan signifikan antara kepuasan pernikahan dan komitmen pernikahan, komitmen beragama dan komitmen pernikahan, kepuasan pernikahan bersama dengan komitmen beragama dan komitmen pernikahan. Juga diketahui bahwa kepuasan pernikahan memiliki pengaruh terhadap komitmen personal dan komitmen moral. Sementara komitmen beragama memiliki pengaruh terhadap komitmen personal, komitmen moral, dan komitmen struktural.  Kata kunci: kepuasan pernikahan, komitmen beragama, komitmen pernikahan   References Abbott, D., Berry, M. and Meredith, W. (1990). Religious Belief and Practice: A Potential Assetin Helping Families. Family Relations, 39(4), p.443.Adams, J. M. & Jones, W. H. (1999). Interpersonal commitment in historichal perspectives. InHandbook of Interpersonal Commitment and Relationship Stability. New York: SpringerScience+Business Media.Agnew, H. (2009). Commitment, Theories and Typologies. Department of PsychologicalSciences Faculty Publications. Diunduh dari: http://docs.lib.purdue.edu/psychpubs/28Allgood, S. M., Harris, S.,Skogrand, L., & Lee, T.R. (2008). Marital commitment andreligiosity in a religiously homogenous population. Marriage & Family Review, 45(1),52-67. doi: 10.1080/01494920802537472.Amato, P. R. 2010. Research on divorce: continuing developments and newtrends. Journal ofMarriage and Family 72(3): 650-666. doi:10.1111/j.1741-3737.2010.00723.xAmato, P. and Sobolewski, J. (2001). The Effects of Divorce and Marital Discordon AdultChildren's Psychological Well-Being. American SociologicalReview, 66(6), p.900.Andrea, S.G. (2014). Hubungan antara religiositas dan komitmen pernikahan pada individuyang menikah melalui ta’aruf. Skripsi. Depok: Fakultas Psikologi Universitas Indonesia.Argue, A., Johnson, D. and White, L. (1999). Age and Religiosity: Evidence froma Three-WavePanel Analysis. Journal for the Scientific Study of Religion, 38(3), p.423.Aron, A., Aron, E. and Smollan, D. (1992). Inclusion of Other in the Self Scaleand the structureof interpersonal closeness. Journal of Personality and Social Psychology, 63(4), pp.596- 612.Arriaga, X. and Agnew, C. (2001). Being Committed: Affective, Cognitive, and ConativeComponents of Relationship Commitment. Personality and Social Psychology Bulletin, 27(9), pp.1190-1203.Benokraitis, N. (1996). Marriages and families. Upper Saddle River, N.J.: Prentice Hall.Beveridge, A., Campbell, A., Converse, P. and Rodgers, W. (1976). The Quality of AmericanLife: Perceptions, Evaluations, and Satisfactions. Political Science Quarterly, 91(3),p.529.Bilqisthi, H. (2014). Hubungan antara komitmen pernikahan dengan kepuasanpernikahan padaindividu yang menikah melalui ta’aruf. Skripsi. Depok: Fakultas Psikologi UniversitasIndonesia.Bimas Islam Dalam Angka. (2012). Kementerian Agama Republik Indonesia.www.bimasislam.kemenag.go.idBKKBN (2011, Desember). Policy brief pusat penelitian dan pengembangan kependudukan.20 Februari 2015. http://www.bkkbn.go.id/ViewBerita.aspx?BeritaID=967Badan Pusat Statistik. (2010). Survey agama berdasarkan provinsi di Indonesia. www.bps.go.idBurpee, L. and Langer, E. (2005). Mindfulness and Marital Satisfaction. Journalof AdultDevelopment, 12(1), pp.43-51.Carp, F. and Carp, A. (1982). Test of a Model of Domain Satisfactions and WellBeing: EquityConsiderations. Research on Aging, 4(4), pp.503-522. Cho, D. W. (2014). The influence of religiosity and adult attachment style on maritalsatisfaction among Korean Christian couples living in South Korea. A Dissertation. Liberty University.Chomeya, R. (2010). Quality of psychology test between likert scale 5 and points. Journal ofSocial Sciences, 6 (3), 399-403.Chung, R. H. (2008). Religiosity as predictor of marital commitment andsatisfaction in KoreanAmerican couples. University of Southern CaliforniaClements, R. and Swensen, C. (2000). Commitment to one’s spouse as a predictorof maritalquality among older couples. Curr Psychol, 19(2), pp.110-119.DeGenova, M. and Rice, F. (2005). Intimate relationships, marriages, andfamilies. New York:McGraw-Hill.DeGenova, M. (2008). Intimate relationships, marriages & families. Boston, MA: McGrawHill.Diener, E. (1984). Subjective well-being. Psychological Bulletin, 95(3), pp.542575.Duvall, E. and Miller, B. (1985). Marriage and family development. New York: Harper & Row.Fowers, B. and Olson, D. (1993). ENRICH Marital Satisfaction Scale: A brief research andclinical tool. Journal of Family Psychology, 7(2), pp.176-185.Gravetter, F.J. & Forzano, L.B. (2009). Research methods for the behavioral sciences (Edisike-3). Belmont, CA: Wadsworth.Goltz, J.W. (1987). Correlates in marital commitment. Disertasi Doktoral.Kanada: UniversitasAlberta.Hansen, D., Kelley, H. and Thibaut, J. (1982). 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2018 ◽  
Vol 4 (2) ◽  
pp. 129
Author(s):  
Rizqi Maulida Amalia ◽  
Muhammad Yudi Ali Akbar ◽  
Syariful Syariful

<p><em>Abstrak</em> - <strong>Faktor ketidak harmonisan di dalam keluarga menjadi salah satu sebab terjadinya perceraian keluarga. Ketidak harmonisan keluarga ini disebabkan oleh adanya pergeseran nilai perkawinan. Pasangan suami istri kurang memahami esensi tujuan pernikahan dan berkeluarga yang menjadi salah satu nilai dalam ketahanan keluarga. Hal itu menyebabkan adanya ketidakcocokan, perselisihan, akhlak yang buruk, cemburu dan gangguan fihak luar serta adanya faktor ekonomi. </strong><strong>Penelitian ini menggunakan metode kualitatif. Penelitian ini juga menggunakan data sekunder berupa data dari Pengadilan Agama Jakarta Selatan. Hasil kajian nya ialah (1). </strong><strong>Diperlukan pemahaman kepada masyarakat tentang ketahanan keluarga agar setiap individu pasangan memahami konsep dan tujuan berumah tangga. (2). Optimalisasi lembaga BP4 dalam menjembatani penyelesaian konflik rumah tangga.</strong> <strong>(</strong><strong>3</strong><strong>)</strong><strong>.     Penguatan</strong><strong> </strong><strong>sendi keluarga dari berbagai aspek baik ekonomi maupun sosial dan lainnya agar dapat meminimalisir tingkat perceraian.</strong></p><p> </p><p><strong><em>K</em></strong><strong><em>ata Kunci</em></strong> – <em>Ketahanan keluarga, faktor cerai, pernikahan</em></p><p> </p><p><em>Abstract</em> <strong>- Factors of disharmony in the family became one of the causes of family divorce. This family harmony is caused by a shift in marital values. Married couples lack understanding of the essence of the purpose of marriage and family which became one of the values in family resilience. It causes discrepancies, disputes, bad morals, jealousy and external interference and economic factors. This research used qualitative method. This research also used secondary data in the form of data from South Jakarta Religious Court. The results of study are (1). understanding of family resilience is needed so that each individual couple understand the concept and purpose of marriage, (2). Optimization of BP4 institutions in mediator the settlement of domestic conflict.</strong><strong> (3). Strengthening family bond in every aspect (economy, social, etc) to decrease the divorce rate.  </strong></p><p><strong> </strong></p><p><strong><em>Keywords</em></strong><strong><em> </em></strong><strong>-</strong><strong> </strong><em>Family resilience, divorce facto, marriage</em></p>


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