scholarly journals The Factors of Marriage Dissolution Between Hearing Impairment Couple at Melaka Syariah Court

2021 ◽  
Vol 5 (2) ◽  
pp. 51-59
Author(s):  
Noor Afiqah Che Mustapa ◽  
Zaini Nasohah ◽  
Zuliza Kusrin

The dissolution of marriage which occurs between Muslim married couple in Malaysia shall be referred to the Syariah Court either it is between typical couples or between couple with disabilities. However, couple with disabilities faces quite different challenges compared to typical couple in maintaining relationship. The article aims to identify the factors of marriage dissolution between hearing impairment couple registered at Malacca Syariah Court. The study uses the qualitative and interview research methodologies to identify conflicts in relationship confronted by hearing impairment couple which leads to dissolution of marriage. It is found that there are seven factors of marriage dissolution among hearing impairment couple which are the communication problem, lack of knowledge regarding Islamic Family Law, the intervention of family members in marital disputes, inadequate pre-marriage course, no specific marriage course through the period of marriage as well as post-marriage course for hearing impairment spouse. The implication of research discovers that all these courses shall be review in order to prevent escalated divorce rate among hearing impairment couple. Abstrak Setiap perceraian yang berlaku di antara pasangan berkahwin Muslim di Malaysia mestilah dirujuk kepada Mahkamah Syariah sama ada pasangan suami isteri tipikal ataupun pasangan Orang Kurang Upaya (OKU). Bagi golongan OKU pendengaran, cabaran yang dihadapi dalam meneruskan kehidupan rumahtangga walaubagaimanapun agak berbeza berbanding golongan tipikal. Tujuan artikel ini adalah untuk mengenalpasti faktor-faktor pembubaran perkahwinan antara pasangan OKU pendengaran yang didaftarkan di Mahkamah Syariah Negeri Melaka. Kajian menggunakan kaedah temu bual untuk mengenal pasti masalah pasangan OKU pendengaran yang membawa kepada pembubaran perkahwinan. Hasil kajian mendapati terdapat enam faktor pembubaran perkahwinan antara pasangan OKU pendengaran iaitu masalah komunikasi, kurang pendedahan tentang ilmu Undang-Undang Keluarga Islam, campur tangan ahli keluarga dalam masalah rumahtangga, kursus Pra-Perkahwinan yang dianjurkan tidak bersesuaian, tiada kursus khusus sepanjang tempoh perkahwinan dan tiada kursus pasca perkahwinan khusus bagi pasangan OKU Pendengaran. Implikasi dari kajian mendapati bahawa kursus-kursus khas tersebut perlu dikaji semula bagi mengurangkan kadar perceraian dalam kalangan pasangan OKU pendengaran.

2021 ◽  
Vol 4 (1) ◽  
pp. 61
Author(s):  
Nabila Luthvita Rahma ◽  
Anisa Yuniar ◽  
Fatimah Qurrotu A'yun ◽  
Indri Kurniati ◽  
Dania Saferina Ifada

<p><em>The purpose of this study was to determine the impact of termination of employment during the Covid-19 pandemic on family resilience. This study uses a case approach and a law approach with primary legal sources and secondary legal sources in the form of books or legal journals related to the research title. The results of this study indicate that the termination of employment experienced by the head of the family or family member during the Covid-19 pandemic did not significantly affect family resilience, as evidenced by the divorce rate which did not increase significantly and was not caused by termination of employment. As for maintaining family resilience during the Covid-19 pandemic can be done by carrying out the rights and obligations of each family member in accordance with the study of Islamic family law, in addition to maintaining interpersonal communication between family members. </em></p>


2020 ◽  
Vol 34 (2) ◽  
pp. 126-144
Author(s):  
Lei Shi

Abstract A marriage can be terminated in two ways in China, by registration or by litigation. Recently, China’s crude divorce rate has been gradually rising. Reforms are being carried out by the judiciary by introducing more supportive measures in divorce litigation. The legislature is writing drafts of the marriage and family part in the Civil Code. In the third draft, proposed articles would change the law on divorce slightly. These reforms reflect some trends in the development of Chinese family law. With respect to some debates on these reforms, the author suggests there could be a better way to draw up drafts. At the level of the judiciary, the present family justice reform has its advantages, and this bottom-up reform should be adhered to.


2005 ◽  
Vol 7 (3) ◽  
pp. 197-226 ◽  
Author(s):  
Vicki Paskalia

This article looks at the new co-ordination Regulation 883/04 from a gender perspective. The focus is on the provisions of the Regulation concerning its personal scope and some of its fundamental principles. The article considers whether these provisions function satisfactorily with regard to workers (often female) who have interrupted work because of child-rearing; as well as with regard to former spouses, who are covered by the Regulation in their capacity as family members of a Community worker, after the termination of their marriage. The article argues that, although the Reg. 883/03 provides some improvement with regard to the first category, namely workers interrupting work because of child-rearing, a great deal remains to be done. It also notes that no attention at all has been paid to the issue of marriage dissolution, qnd that this makes the situation of former spouses very uncertain and vulnerable. Finally, the article argues that the development of a gender dimension within the framework of the law of co-ordination is necessary in order to adjust the Regulation to new situations and for the satisfactory protection of a considerable number of persons, mainly women, who find themselves in situations such as those above.


2020 ◽  
Vol 20 (2) ◽  
pp. 97-110
Author(s):  
Faradila Hasan ◽  
Nasruddin Yusuf ◽  
Moh. Muzwir R. Luntajo

Abstract: The phenomenon of marital disputes that often end in divorce has been a serious concern of the government, resulting in a regulation on mediation, namely the Regulation of the Supreme Court of Republic of Indonesia (PERMA) Number 1 of 2016. This regulation was made with the hope of reducing the divorce rate caused by marriage disputes. This article discusses the form of marriage dispute resolution at Manado Religious Court with a focus on one type of dispute resolution, namely mediation. This study uses an empirical juridical approach. The research was conducted at the Manado City Religious Court in 2017 and 2020. The result is that the mediation process has been carried out in accordance with the provisions of PERMA No.1 of 2016. However, there have been many obstacles. Thus, the efforts to reduce the divorce rate due to marriage disputes have not undergone significant changes. Keywords: mediation; marriage dispute; Manado religious court. Abstrak: Fenomena sengketa perkawinan yang sering berakhir pada perceraian menjadi perhatian serius dari pemerintah sehingga melahirkan aturan tentang mediasi yaitu Peraturan Mahkamah Agung RI (PERMA) No. 1 Tahun 2016. Aturan ini dibuat dengan harapan menekan angka perceraian yang diakibatkan oleh sengketa perkawinan. Artikel ini membahas mengenai bentuk penyelesaian sengketa perkawinan di Pengadilan Agama Manado dengan fokus pada salah satu jenis penyelesaian sengketa yaitu mediasi. Penelitian ini menggunakan pendekatan yuridis empiris. Penelitian ini dilakukan di Pengadilan Agama Kota Manado pada tahun 2017 dan tahun 2020. Hasilnya adalah proses mediasi sudah dilakukan sesuai dengan ketentuan PERMA No.1 Tahun 2016. Namun mengalami benyak kendala sehingga upaya untuk menekan angka perceraian akibat sengketa perkawinan belum mengalami perubahan yang signifikan. Kata-kata kunci: mediasi; sengketa perkawinan; pengadilan agama Manado.


Author(s):  
Stephen Gilmore ◽  
Lisa Glennon

This chapter considers the civil law remedies which are designed to protect a victim from domestic violence. The two primary protective orders under Part IV of the Family Law Act (FLA) 1996 are the non-molestation order and the occupation order which can be applied for and obtained in conjunction with each other, or separately. The chapter also discusses the fact that the occupation order can also be used to regulate occupation of the family home in non-violent situations when a dispute arises between family members about who is entitled to occupy the home, and on what basis.


1996 ◽  
Vol 105 (11) ◽  
pp. 882-886 ◽  
Author(s):  
Siraj M. Zakzouk ◽  
Sameer Ali Bafaqeeh

The purpose of this paper is to study the prevalence rate of hearing impairment among children with siblings and family members having hearing and speech disorders. A random survey of 6,421 Saudi infants and children between 2 months and 12 years of age was conducted in the Riyadh area. Children with no or few siblings and those who were firstborn were at relatively higher risk, and there was a strong association between children in the hearing-impaired group among those having living siblings with deafness. Those children who had family members with hearing and speech problems were at twice the risk of their counterpart groups regarding hearing impairment.


2020 ◽  
pp. 563-600
Author(s):  
Jens M Scherpe ◽  
Thomas Eeg

The chapter describes the current law of succession in Norway with regard to mandatory protection of family members, explains its historical background, and situates it in the debates surrounding the changed realities of family life in the twenty-first century. Family law and family life have undergone many changes, not least the increasing prevalence of second or third families/remarriages and cohabitation, as well as the acceptance of same-sex families. The chapter argues that, despite recent reform proposals, the limited changes implemented by reforms in 2019 fall short of what is required of a modern law of succession for all families in Norway.


Author(s):  
Gillian M Hood ◽  
Suyin GM Tan

Most anaesthetists recognize that there are specific groups of patients with whom communication is especially difficult due to issues relating to language. These groups are patients in whom a disease process interferes with communication—for example intellectual disability or hearing impairment, those with whom we do not share a common tongue, and those patients whose cultural background differs from ours. Patients with communication difficulties are disproportionately represented in the hospital population for a variety of reasons. The elderly form the bulk of hospital inpatients and are much more likely to have problems such as dementia, confusion, sedation and dysphasia. It is important to be cognisant of the issues that may arise with patients who have communication problems and, in addition to being aware of these problems, it helps to have a structured way of approaching the issue. Reading the patients’ notes prior to consultation gives advance warning of issues such as dementia or hearing impairment and allows communication to be tailored to the patients’ needs. Sometimes the patients’ understanding of language may be difficult to assess on first meeting—anaesthetists have all encountered patients who answer questions with a smiling ‘yes’ or ‘no’, only to subsequently discover their comprehension has been minimal. Enquiring of relatives, friends and staff helps to give a picture of a patient’s ability to communicate in the chosen language. Similarly, enquiring of the patient how communication can be facilitated, is helpful. … ‘It says in your notes that you have trouble finding words since your strok —is there anything I can do to make it easier for you to speak?’… Once the communication problem has been delineated it makes it easier to move on to the next step. Having orientated oneself to the patient’s particular problems with communication, it is also important to orientate the staff with whom one is working. …‘Rob, we are going to see Mr Smith now. He’s had problems with alcohol withdrawal over the last few days and he is still a bit confused. It is probably best if just one of us does the talking — are you happy to do that? ’ Not: ‘I wish you wouldn’t contradict me when I’m talking to patients…’ …


2019 ◽  
Vol 3 ◽  
pp. 18-29
Author(s):  
Supriya Sethi

This paper examines the historical revolution of custody regimes in Canada, with an emphasis on the twentieth century to custody practices in courts today. The law has undergone numerous critical reforms to restructure what it means to be a ‘political family’ from a socio-legal perspective. The last decade we have seen a shift in the framework that is used to define the concept of family that has paralleled changes in cultural values, gender roles and parental responsibilities. The family model now largely focuses on the child as the centerpiece of the framework, which has been reflected in recent legal reform and ongoing revisions. The shared responsibility of raising a child as a married couple reflects both the slight shift in the gender roles defined by society and the changing configuration of family dynamic from the nuclear family norm (traditional) towards a “political family”. In the political family, whether the family is “traditional” or “alternative”, each family is understood as a product of collective decisions and values. As a result of the shift towards the understanding of intersectionality within families, and acceptance of the complexity of families, legal activism in family law studies are pushing for legislation that can provide an all- encompassing framework to better aid judges within the family courts to reduce the potential for bias in judicial review. Family law studies are challenging the language around rights and obligations within a family and pushing for a “responsibility framework”. Further, the field is emphasizing a child-centered approach to divorce cases, to assess what is ultimately in the best interest of the child. As we understand the role of the family in society, we need to emphasize the responsibility of a parent and what it means to be a parent to better understand what ‘custody’ of a child entails in today’s society.


Sign in / Sign up

Export Citation Format

Share Document