scholarly journals THE INHERITANCE FEATURES AND THE PROPERTY LAW IN THE TRADITIONAL OSSETIAN FAMILY: GENDER PERSPECTIVE

2020 ◽  
Vol 15 (4) ◽  
pp. 734-741
Author(s):  
Daueva Tamara Tamerlanovna
Keyword(s):  
Property Rights ◽  
Family Relations ◽  
Radical Change ◽  
Customary Law ◽  
Economic Relations ◽  
The Family ◽  
Family Division ◽  
Female Part ◽  
Family And Marriage ◽  
Intra Family

Modernization processes cover all aspects of modern Ossetian society. The family, this has led to the transformation of gender roles, traditional gender orders and a radical change in the historically established foundations of the Patriarchal form of the family. This determines the relevance of the study of intra-family relations as an important part of the gender system. In the study of the order of inheritance clearly indicated property relations, social structure and hierarchy of society, as comprehensively fixed economic relations. The article is based on the source, literary material, which allows to reconstruct the intra-family legal culture, position and status of women in the Ossetian family. In scientific circulation introduced new archival materials, mostly court cases on the distribution of property, which clearly show how to resolve intra-family conflicts in inheritance. Ethnographic materials give a description of the property aspects of family and marriage relations: the size of the bride price, the content of the dowry, the property rights of the female part of the family. The author investigates the transformation processes in inheritance, legalization of property rights of women during the introduction of Russian legislation in the region. It is concluded that the issues of family division of property, for the most part, were resolved according to the norms of customary law.

scholarly journals MODERNIZATION OF LEGAL REGULATION OF OSSETIAN’S MARRIAGE AND FAMILY RELATIONS

2020 ◽  
Author(s):  
Т.Т. ДАУЕВА
Keyword(s):  
Gender Stereotypes ◽  
Family Relations ◽  
Legal Regulation ◽  
Customary Law ◽  
Annual Reports ◽  
Marriage And Family ◽  
The Family ◽  
Traditional Marriage ◽  
The Russian Empire ◽  
Traditional Norms

В статье представлен сопоставительный анализ инноваций в семейной сфере осетин, их синтеза с традиционными компонентами семейного быта. Особое внимание уделяется особенностям взаимодействия таких институтов регулирования, как обычное право осетин, церковные установления и законодательство Российской империи. Теоретическую основу работы составили концепции ученых, исследовавших проблемы традиционных брачно-семейных отношений, особенностей трансформации семьи в период пореформенной модернизации. Источниковой базой для статьи послужили ранее не опубликованные архивные материалы: судебные дела по разводам, выплатам калыма, двоеженства; переписка Владикавказской епархии с начальником округа; ежегодные отчеты начальников округов Осетии начальнику Терской области. Новизна предопределена предметным обращением к новациям и их конкретным результатам: противоречиям между традиционным укладом семьи и некоторыми трансформациями, например, изменениями гендерных стереотипов и пр. Объектом исследования является традиционная осетинская семья XIX в. с характерными для той поры обычаями и традициями. Своей целью мы поставили выявление особенностей внедрения новаций, присущих российскому администрированию, в брачно-семейную сферу осетин. Следует уточнить, что научному анализу подвергаются отдельно взятые аспекты традиционных норм и установок патриархальной семьи. Высказывается мнение, что именно в семье воплотились наиболее значимые трансформации гендерных стереотипов, что имело свое отражение и в некоторых аспектах этнического сознания осетин. The article presents a comparative analysis of innovations in Ossetians family sphere and their synthesis with traditional components of family life. Special attention is paid to the peculiarities of interaction between such regulatory institutions as Ossetian customary law, church orders, and the legislation of the Russian Empire. The theoretical basis of the work is based on the concepts of those scientist who researched the problems of traditional marriage and family relations, the peculiarities of family transformation in the period of post-reform modernization. The source base for the article was previously unpublished archival materials: court cases on divorce, bride prices; the Vladikavkaz diocese correspondence with the district chief; annual reports of the district chiefs of Ossetia to the chief of the Terek region. The novelty is predetermined by a substantive appeal to innovations and their concrete results: contradictions between the traditional way of life of the family and certain transformations, for example, changes in gender stereotypes, etc. The object of the research is a traditional Ossetian family of the XIX century with customs and traditions typical for that period. Our goal is to identify the features of introducing innovations applied by Russian administration in the marriage and family sphere of the Ossetians. It should be clarified that only specific aspects of traditional norms and attitudes of the Patriarchal family are subject to scientific analysis. It is suggested that it was in the family where the most significant transformations of gender stereotypes took place, which was also reflected in some aspects of the ethnic consciousness of the Ossetians.

scholarly journals KAJIAN PERBANDINGAN DALAM PEMBAGIAN WARIS BERDASARKAN PADA HUKUM ISLAM DAN HUKUM ADAT

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Hereditary System ◽  
The Family ◽  
The Status ◽  
Approach Method ◽  
The Subject

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law

scholarly journals Modern Kazakhstan society and the problems of single mothers

2020 ◽  
Vol 70 (2) ◽  
pp. 192-200
Author(s):  
K.A. Avsydykova ◽  
◽  
A.S. Yelamanova ◽  
Keyword(s):  
Single Mothers ◽  
Family Relations ◽  
Social Institution ◽  
Global Changes ◽  
Public Concern ◽  
Family Crisis ◽  
Single Parent Families ◽  
The Family ◽  
Family And Marriage ◽  
The Individual

The family is the main social institution that carries out spiritual, cultural, personal, physiological development of the individual. Global changes in recent years have led to the emergence of a family crisis, which has an impact on the institution of the family, family and marriage relations and causes public concern. The transformation of the Kazakhstan Family Institute has contributed to the emergence of negative trends, in addition to traditional types of family relations. One of them is an increase in the number of single- parent families consisting of single mothers.

scholarly journals Family and Its Place in the Structure of Civil Relationships

2018 ◽  
Vol 50 ◽  
pp. 01238
Author(s):  
Khurshed Nasirov
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Cultural Issues ◽  
Specific Nature ◽  
Social Unit ◽  
Independent Family ◽  
The Family

The author studies the place of the family in the structure of family relations. The correlation between civil law and family law in Soviet, Russian and Tajik legal science is considered. According to the author, the family is a social unit of society with the help of which people seek to solve demographic, economic and cultural issues. It is stated that the family is an alliance of persons created on the marriage, kinship, birth and adoption of children, as well as their upbringing. Accordingly, such alliance leads to the development of certain personal non-property and property rights and obligations based not only on mutual interests and concerns, but primarily on the related ties. In this regard, it seems logical that the specific nature of these rights and obligations requires the use of special tools for legal regulation; the content of legal relations arising on their basis is considered to be independent family relations.

scholarly journals A family of a Child with Down Syndrome in Terms of Interpersonal Relationships Research

2018 ◽  
Vol 7 (1) ◽  
pp. 28-39
Author(s):  
T. Brazgun ◽  
V.V. Tkacheva
Keyword(s):  
Down Syndrome ◽  
Interpersonal Relationships ◽  
Traumatic Event ◽  
Family Relations ◽  
Disabled Children ◽  
Entire Family ◽  
The Family ◽  
Patterns Of Behavior ◽  
Effective Program ◽  
Intra Family

The article deals with the study of interpersonal relationships of families with disabled children. The birth of a baby with a disability can be a traumatic event for parents and can have profound effects on the entire family. In this regard, it is especially important to provide the specialist with the opportunity to identify the characteristics of intra-family relations in order to create an effective program for correcting disharmonious patterns of behavior in the family. The authors present the program of studies of the interpersonal relationships and the case of relationships research of the family who is parenting a child with Down syndrome.

scholarly journals Внутрисемейные взаимоотношения у башкир во второй половине XIX – начале XX в.

2021 ◽  
Vol 14 (2) ◽  
pp. 248-258
Author(s):  
Rima N. Suleimanova ◽  
Keyword(s):  
Social Life ◽  
Family Relations ◽  
Local History ◽  
Self Awareness ◽  
The Family ◽  
Archival Documents ◽  
The Status ◽  
And Behavior ◽  
New Phenomena ◽  
Intra Family

Introduction. The article examines intra-family relations in Bashkir society in the mid-19th to early 20th centuries. Goals. The work aims at outlining the characteristics and new phenomena in Bashkir intra-family relations during the period under consideration. Materials and Methods. The main sources are archival documentary materials and published sources. The analysis of the source material, the assessment of events and phenomena were implemented through the principles of historicism, objectivity and scientific nature. The study employs such methods as comparative historical, problem-chronological, retrospective, logical ones, etc. Results. On the basis of unique sources, such as archival documents, published sources, works by famous Russian scientists, public figures and local historians, the paper provides insight into the family life of Bashkirs in this period — with due account of turning events in Russia’s social life and its actual phenomena. The latter initiated certain changes in this sphere and had a serious impact on intra-family relations, positions of family members. That especially affected the status of women which has also been highlighted in published scientific and local history works. Changes took place in the woman herself, in her self-awareness and behavior, radically different from the established norms. This is evidenced by the increased number of cases when women turned to the Orenburg Mohammedan Spiritual Association with requests for divorce, permission for a new marriage, with complaints against their husbands, as well as by the emergence of women’s societies which became first experience of their self-organization outside homes and that of social life. However, family was still dominated by man, and other members remained as humiliated and dependent. All this attests to the strength of traditional intra-family relations. Conclusions. During the period under review, Bashkir intra-family relations remained virtually unchanged. Nonetheless, the events that took place in the early 20th century in Russia’s social life resulted in that positions of family and its members became noticeably complicated and unstable. The position of woman in family was undergoing serious changes as well: it became different, like the traditional Bashkir society itself.

scholarly journals IMAGE OF A FAMILY IN TEENAGERS WHO HAVE EXPERIENCE OF LIVING IN CLOSED INSTITUTIONS

2020 ◽  
pp. 206-212
Author(s):  
S. S. Solonchenko
Keyword(s):  
Family Relations ◽  
Family Roles ◽  
Foster Families ◽  
The Family ◽  
Responsible Attitude ◽  
Intra Family

The purpose of this article is to analyse the results of research aimed at identifying features of the family image in adolescents who have experience of living in closed institutions. Based on the results of the study significant differences in the family image of graduates of closed institutions and their peers who are raised in families have been revealed. The image of a family of domestic teenagers is clearly defined, structured, with distributed intra-family roles. Independence and socialization of teenagers brings to the image of the family a serious and responsible attitude to family relations. The key role in the image of a family of home teenagers is played by such qualities as determination, selfsufficiency, independence. Openness is a quality that distinguishes domestic teenagers from their peers from foster families and closed institutions. Home teenagers give meaning to relationships, household sphere and symbols in the image of the family. The image of the family in teenagers who are raised in blood families is described in more detail than in their peers from closed institutions and foster families.

scholarly journals Specifics of Legal Regulation of Property Relations of Minor Family Members

2021 ◽  
Vol 2021 (2) ◽  
pp. 165-173
Author(s):  
Svetlana Voronina
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Property Relations ◽  
Parents And Children ◽  
The Family ◽  
Organizational Relations ◽  
Private And Public

he present research considered the property rights of minors by comparing civil and family legislation. The article covers various matters of separate ownership of parents and children, property management, and the behavior of parents, as well as sectoral and inter-sectoral legal relations as a whole based on family relations. The research was based on normative legal acts, scientific publications, and precedents. Family law regulates the property relations between parents and children regarding the maintenance and personal belongings. Any other property rights of minors fixed by the Family Code go beyond the limits of family law and are part of civil law. The basis of civil property relations of minors is the family relations. Therefore, they have to take into account social and legal relations between parents and children. A prerequisite for the emergence and implementation of property relations is the organizational relations that arise between the subjects of private and public law. Authorization by the guardianship authority ensures the protection of the property rights and interests of children. The regulation of property relations involving minors and their legal representatives is subject to inter-sectoral and inter-subject interaction, which must be taken into account when implementing the rights of minors and protecting them.

THE PROBLEM OF THE INSTITUTE OF NON-PROPERTY RIGHTS OF SPOUSES

2021 ◽  
Author(s):  
Аниса Асламбековна Попанова
Keyword(s):  
Property Rights ◽  
Family Relations ◽  
The Family ◽  
The Stability ◽  
The Individual ◽  
Modern Russian

В статье рассматривается вопрос о содержании и юридической технике закрепления в современном российском законодательстве личных неимущественных прав супругов. Целью работы является определение направлений возможной корректировки состава таких прав, чтобы они обеспечивали реализацию личности в семейных отношениях в контексте обеспечения стабильности института семьи. The article discusses the issue of the content and legal technique of securing the personal non-property rights of spouses in modern Russian legislation. The aim of the work is to determine the directions of possible adjustment of the composition of such rights so that they ensure the realization of the individual in family relations in the context of ensuring the stability of the institution of the family.

scholarly journals Modern family in the context of translocal migration (On the example of shift migrants families in Bashkortostan)

2021 ◽  
pp. 68-82
Author(s):  
Guldar Khilazheva
Keyword(s):  
Family Relations ◽  
Well Being ◽  
Temporary Employment ◽  
Economic Life ◽  
Control Group ◽  
Sociological Study ◽  
Positive Effects ◽  
The Family ◽  
Modern Family ◽  
Intra Family

The article analyzes the results of a sociological study conducted in 2018 in the villages and small towns of Bashkortostan. 200 married couples were interviewed in two categories: shift migrants families and the control group (not involved in temporary employment). Temporary employment is considered to be a condition for the inclusion of the modern family in translocal migration processes. The study allowed us to draw the following conclusions. In the conditions of regular long-term absence of the spouse, stable translocal connections of the migrant with the family are formed in the families of shift migrants. Almost all shift migrants seek to compensate for their physical absence by regular communication with their spouse and children; by discussing topical issues of the family’s economic and social life. Gender attitudes and behavior of shift migrants and their spouses in the sphere of intra-family relations are characterized by a significant gap between ideas about the ideal, correct type of intra-family relations (which is mainly egalitarian), and real behavior in everyday life (which in its content is traditional and gender-marked). At the same time, in families of shift migrants, traditional gender stereotypes and norms of behavior are declared and produced to a much lesser extent than in the control group of families, both in the distribution of household responsibilities and in matters of leadership in the family. The consequences of temporary labor migration for families of shift migrants are not clear. Along with the obvious positive effects that are manifested in the economic life of the family, there are a number of difficulties in managing the economy, life in rural areas, raising children, and physical and socio-psychological well-being.

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