scholarly journals MaqāṢid Al-‘Adl (Keadilan) Dalam Isu Tuntutan Harta Sepencarian di Malaysia (The Objective of Fairness (al-‘Adl) in The Matrimonial Property Conflict in Malaysia)

2020 ◽  
Vol 17 (3) ◽  
pp. 291-320
Author(s):  
Ahmad Akram Mahmad Robbi ◽  
Mek Wok Mahmud
Keyword(s):  
Legal System ◽  
Critical Study ◽  
Traditional Practices ◽  
The Family ◽  
Principle Of Justice ◽  
Legal Jurisdiction ◽  
Women Rights

Harta sepencarian ialah amalan yang diwarisi daripada adat Melayu secara turun temurun. Bahkan, amalan ini telah diangkat sebagai undang-undang yang sah dan berkuat kuasa dalam perundangan Islam di Malaysia. Amalan ini saban hari terus dipraktikkan di Mahkamah Syariah seluruh negara. Pun begitu, dalam pengamalan harta sepencarian di negara ini, timbul satu persoalan mengenai standard penetapan pembahagian hak dalam harta yang dituntut oleh pihak-pihak yang bertelingkah. Persoalan mengenai prinsip keadilan yang diterapkan semasa proses penetapan pembahagian harta sepencarian cuba dibangkitkan dalam artikel ini. Berdasarkan metode analisis dan kritikan terhadap beberapa isu yang berbangkit, artikel ini memberikan penekanan secara khusus akan penetapan nilai keadilan semasa proses pembahagian hak dalam harta sepencarian. Dengan itu, objektif di sebalik perlaksanaan harta sepencarian iaitu memelihara hak-hak wanita, kebajikan keluarga dapat diimbangkan dengan maslahah lain seperti menjaga keharmonian keluarga secara berterusan dan reda-meredai. Kata Kunci: Harta sepencarian, adat, Mahkamah Syariah, keadilan, maslahah. Abstract Matrimonial property is one of the practices come from Malaysian traditional practices. It has been recognized as a legal jurisdiction and enforced in Malaysian legal system. This tradition has been practiced in Syariah Courts in Malaysia. However, throughout the practices, there is an issue has prompted regarding the standard that been used in partition processes in the matrimonial property. This article questions an issue regarding the principle of fairness that being used while the partition event in the matrimonial property. This article relies upon analysis and critical study to specifically focus on the principle of justice while the partition event of the matrimonial property. Thus, the objective of the matrimonial property practices as it guarantees women rights can be balanced and in line with other benefits such as to ensure the family is in harmony constantly. Keywords: Matrimonial property, tradition, Syariah Court, fairness, benefits.

scholarly journals DOWÓD Z OPINII RODZINNEGO OŚRODKA DIAGNOSTYCZNO-KONSULTACYJNEGO W SPRAWACH O ROZWÓD I JEGO WPŁYW NA TREŚĆ WYROKU W ŚWIETLE WYNIKÓW BADAŃ AKTOWYCH

2017 ◽  
Vol 2 (1) ◽  
pp. 7 ◽  
Author(s):  
Wanda Stojanowska
Keyword(s):  
Detailed Analysis ◽  
Present Article ◽  
Legal System ◽  
Parental Authority ◽  
Court Decision ◽  
Guardianship Law ◽  
The Family ◽  
Ignorance Of Law

THE OPINION OF THE FAMILY DIAGNOSTIC-ADVISORY CENTRE AS THE EVIDENCE IN DIVORCE CASES AND ITS INFLUENCE ON JUDGEMENTS (IN THE LIGHT OF C OURT RECORDS)Summary The present article contains results of studies conducted in the Institute of Justice in Warsaw. Basis for the research was 100 judgments in divorce cases by Polish provincial courts from 1997 to 1998. Each of the examined judgments was done after hearing by court of the Family Diagnostic - Advisory Centre (FDAC) opinion in cases including decision as to the guilt for breaking up of marriage and subsequent granting of the paternal authority to the innocent party. The study is going to establish relation between opinions by the FDAC and judgments.The study contains complex and detailed analysis of court decision and its grounds. It shows that opinion given by FDAC is very influential for courts granting judgments which followed it in 80% of analyzed cases. However not all of the suggestions given by experts were relevant. In the majority of the examined cases a mistake made by the expert consisted of the ignorance of law and consequendy of the ambiguous wording of the opinion. Such an opinion was then followed by the judge who usually chose the simplest solution granting the full parental authority to both of the divorced spouses thus avoiding the time consuming and laborious procedure based on the article 58 of the Code of Family and Guardianship Law determining possibility of limitation of the parental authority.Such approach could be declared as an opportunistic one, and provokes postulate de lege ferenda for abolishment of the institution of granting the full parental authority to both of the divorced spouses. Proposed change should simplify courts procedure as well as enable the FDEC to develop its activity as family advisory centers which until now does not exist in Polish legal system.

scholarly journals A CONCEPÇÃO E A PERSPECTIVA FILOSÓFICA SOBRE O MODELO DE FAMÍLIA EUDEMONISTA FRENTE AO ENTENDIMENTO MAJORITÁRIO DE VÍNCULO BIOLÓGICO COMO ELEMENTO CARACTERIZADOR DA ENTIDADE FAMILIAR

2021 ◽  
Vol 9 (204) ◽  
pp. 1-18
Author(s):  
Gabriela Dantas da Silva
Keyword(s):  
Immanuel Kant ◽  
Legal System ◽  
Fundamental Rights ◽  
Main Topic ◽  
Social Sphere ◽  
Legal Challenges ◽  
The Family ◽  
The Face ◽  
The Subject ◽  
Philosophical Nature

The main topic of this article is to analyze the philosophical contributions on the subject and to criticize the State's actions as an entity that supports this family model. In a second moment, emphasis is given to the philosophical contributions of Immanuel Kant and Aristotle on morals and ethics, extending them to the family and social sphere. The concept of the Eudemonist Family with great Aristotelian influence, as well as some of the main contemporary family entities in brief contextualization, is also presented, to finally address the main problem of this article: the legal challenges of the Eudemonist family in the face of the majority understanding of biological bond as a characterizing element of the family entity. In conclusion, the philosophical nature is of great importance for the understanding of these new conceptions of the family, since the Brazilian legal system did not, in fact, contemplate the experience of society, not giving up texts that were expressly discriminatory and that excluded fundamental rights of individuals.

Judges in the Protection Orders and Family Law Systems

2021 ◽  
pp. 184-214
Author(s):  
Heather Douglas
Keyword(s):  
Intimate Partner Violence ◽  
Legal System ◽  
Partner Violence ◽  
Child Custody ◽  
Family Law ◽  
Physical Violence ◽  
Intimate Partner ◽  
Family Courts ◽  
Protection Orders ◽  
The Family

This chapter explores women’s interactions with judges when they appeared before them in relation to protection orders and child custody orders after experiencing intimate partner violence (IPV). Commonly women identified that judges prioritized physical violence and minimized other forms of abuse and that they seemed to align with abusers, discounting the women’s experiences of abuse. Women identified that judges often lacked preparation for hearings, rubber-stamped witness subpoenas, and failed to stop irrelevant witness examination. They explained how these approaches facilitated their partner’s misuse of the legal system as a tactic of abuse. Women also discussed how judges, especially in the family courts, prioritized fathers’ rights to contact with children over safety. However, women’s stories also demonstrated resistance to their abuser’s control over them through the courts, and their efforts to ensure the safety of their children regardless of court orders.

Strategic Decision Making in Intergenerational Successions of Small- and Medium-Size Family-Owned Businesses

2001 ◽  
Vol 14 (1) ◽  
pp. 11-23 ◽  
Author(s):  
Per-Olof Bjuggren ◽  
Lars-Göran Sund
Keyword(s):  
Decision Making ◽  
Decision Trees ◽  
Family Business ◽  
Legal System ◽  
Strategic Decision ◽  
Strategic Decision Making ◽  
Medium Size ◽  
Strategic Decisions ◽  
The Family ◽  
Transition Modes

This paper deals with intergenerational successions of small and medium-size enterprises (SMEs). Entrepreneurs face an unavoidable succession dilemma: they must make either explicit or implicit strategic decisions about transitioning ownership of the family business. The main alternatives are to sell the company to someone outside the family or to make arrangements for an interfamily succession. In the latter case, there are many transition modes, e.g., through a gift of shares or a will. This paper uses decision trees to analyze intergenerational successions problems. One conclusion of the paper is that it is important for a society to provide a legal system that facilitates transitions of family companies within the family because the legal system will, among other positive factors connected with family businesses, preserve idiosyncratic knowledge of family character.

scholarly journals The Principle of Protecting the Best Interests of the Child in Shia Jurisprudence and Iran’s Legal System with Emphasis on Custody (New Understanding of a Traditional Legal Concept)

2019 ◽  
Vol 6 (1-2) ◽  
pp. 67-82
Author(s):  
Seyed Masoud Noori ◽  
Maryamossadat Torabi
Keyword(s):  
Legal System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Treaties ◽  
Best Interest ◽  
Legal Concept ◽  
Rights Of The Child ◽  
The Family ◽  
Made In

In this article, children’s rights will be studied in the Iranian legal system with remarks on its references in the Shia Jurisprudence. One of the main issues regarding children, is their guardianship, custody or tutorship. The Iranian legal system, same as the Shia Jurisprudence, has always kept the best Interest of the child as an essential ground for law making. Referring to court decisions; it is evident that control of the guardianship on the child is limited by the best interests of the child, because this interests is what we are sure to understand from the reason of custody of the child and that this system is designed only to secure child’s best interests since he/she might be incapable to secure his/her interests alone. The Iranian legal system, especially in the family law section is based on the Islamic rules. The main documents in the Shia Jurisprudence in Islam are Quran, Hadith, Consensus and reasoning which will be defined herein. In addition, a more recent review will be made in this study regarding the ratified laws regarding children’s rights and international treaties and conventions while focusing on the Convention on the Rights of the Child even though, Iran joined this convention by having several reservations.

Relocation following parental separation

2010 ◽  
Vol 35 (4) ◽  
pp. 5-6 ◽  
Author(s):  
Nicola Taylor
Keyword(s):  
Legal System ◽  
Parental Separation ◽  
Frequent Contact ◽  
Close Friendships ◽  
The Family ◽  
Relationship Breakdown

Each year many families relocate to live in new places, but disputes will not usually arise over this when the family is intact because the two parents, and perhaps the children, will reach the decision about shifting together. Nevertheless the move will mean these children are likely to experience the loss of familiar surroundings and close friendships, need to change (pre)schools and start afresh with many aspects of their lives. It is when the parents are already living apart that a proposed relocation by one of them might mean the Courts are called upon to examine the interests at stake and determine the outcome. Relocation in this context has particular poignancy for the children involved because, if their parent's application to relocate is approved by the Court, this might marginalise the role of their other parent in their life.It is not, of course, uncommon for separated parents to have to move in the aftermath of their relationship breakdown as they re-establish themselves in separate households and negotiate their children's care and contact arrangements. However, when the proposed relocation by the resident parent involves moving such a distance from the non-resident parent that contact visits become problematic, then the potential for a major dispute exists. This is particularly so when there has been a pattern of frequent contact and the non-resident parent refuses to acquiesce in the move. While these cases can be very difficult to resolve by agreement, some separated parents are able to negotiate the relocation without seeking recourse to the legal system.

A CRITICAL STUDY OF STAFFORD'S REPORT ON "TREMATODES OF CANADIAN FISHES" BASED ON HIS TREMATODE COLLECTION

1941 ◽  
Vol 19d (1) ◽  
pp. 28-52 ◽  
Author(s):  
Max J. Miller
Keyword(s):  
New Combination ◽  
Critical Study ◽  
The Family

The internal trematodes from fish in the late Dr. Stafford's slide collection have been restudied and described. Gasterostomum armatum of Stafford is identified with Prosorhynchus squamatus Ohdner, 1905, and Crepidostomum laureatum with C. cooperi Hopkins, 1932. Homalometron pallidum Stafford, 1904, is redescribed and it is suggested that the genus Homalometron Stafford, 1904, is synonymous with Lepocreadium Stossich, 1904. Neophasis pusilla Stafford, 1904, and Stenakron vetustum Stafford, 1904, are redescribed and assigned to the family Allocreadiidae. Hemiurus appendiculatus of Stafford, is demonstrated to represent H. levinseni Ohdner, 1905, and Brachyphallus crenatus Rudolphi, 1802, while Fellodistomum incisum of Stafford represents the species F. fellis Olsson, 1868, and F. agnotum Nicoll, 1909. Species of the genera Azygia and Otodistomum are reidentified. Protenteron diaphanum Stafford, 1904, is redescribed and the species is referred to the genus Cryptogonimus Osborn, 1903, the new combination being Cryptogonimus diaphanus.

scholarly journals Menakar Keadilan Hukum Waris Islam Melalui Pendekatan Teks dan Konteks al-Nushûsh

2012 ◽  
Vol 12 (2) ◽  
Author(s):  
Muhammad Amin Suma
Keyword(s):  
Legal System ◽  
Distribution System ◽  
Family Law ◽  
Distribution Method ◽  
Inheritance Law ◽  
Male And Female ◽  
Law System ◽  
The Family

Abstract: Measuring the Justice of Islamic Inheritance Law by Drawing upon the Text and Context of al-Nushûsh. Accusations against the Islamic inheritance distribution system are surfacing again. Several groups are finding fault with the 2:1 distribution for Islamic inheritors. They suggest this distribution method be converted into 1:1, like it is in the Western system of inheritance and like it is to some extent in Adat inheritance law. This study points out that theoretically Islamic inheritance law looks very clear, comprehensive and fair, from whatever angle you look at it. This takes into account, in a balanced way, the distributions that use the 2:1 approach for joint male and female heirs. The key to understanding this is inheritance has to be treated entirely as a sub-system of the family law system, and even has to be understood as an integral part of the whole Islamic legal system, which is sound and comprehensive.Keywords: justice, inheritance law, textual, al-nushûshAbstrak: Menakar Keadilan Hukum Waris Islam Melalui Pendekatan Teks dan Konteks al-Nushûsh. Gugatan mengenai sistem pembagian kewarisan Islam kembali muncul ke permukaan. Beberapa kalangan mempermasalahkan perimbangan waris Islam 2:1. Mereka menawarkan metode perimbangan ini menjadi 1:1, sebagaimana pada sistem hukum kewarisan Barat dan sebagian hukum kewarisan Adat.  Studi ini menunjukkan bahwa dari sisi mana pun hukum kewarisan Islam secara teoretik tampak sangat jelas, lengkap, dan adil. Termasuk dalam konteks perimbangan pembagiannya yang menggunakan pendekatan 2:1 untuk ahli waris laki-laki dan ahli waris perempuan. Kunci untuk memahaminya harus menempatkan posisi kewarisan sebagai sub sistem dari sistem hukum keluarga secara keseluruhan bahkan harus dipahami sebagai bagian integral dari keseluruhan sistem hukum Islam yang bersifat utuh dan menyeluruh.Kata Kunci: keadilan, hukum kewarisan, tekstual, al-nushûshDOI: 10.15408/ajis.v12i1.965

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