scholarly journals LEXICAL NOMINATION AN ILLEGITIMATE CHILD IN THE SLAVIC ETHNOLOCULTURAL AND DIALECT SPACE

2021 ◽  
Vol 5 (11) ◽  
Author(s):  
O.V TYSHCHENKO ◽  
◽  
N.A TSYMBAL ◽  
N.M SAVCHUK ◽  
I.V ANIKINA ◽  
...  
Keyword(s):  
Illegitimate Child

Esther Waters

2012 ◽  
Author(s):  
George Moore
Keyword(s):  
Working Class ◽  
James Joyce ◽  
Religious Beliefs ◽  
Horse Racing ◽  
The Novel ◽  
Victorian Culture ◽  
Illegitimate Child ◽  
Class Woman

I daresay I shall get through my trouble somehow.’ Esther Waters is a young, working-class woman with strong religious beliefs who takes a position as a kitchen-maid at a horse-racing estate. She is seduced and abandoned, and forced to support herself and her illegitimate child in any way that she can. The novel depicts with extraordinary candour Esther's struggles against prejudice and injustice, and the growth of her character as she determines to protect her son. Her moving story is set against the backdrop of a world of horse racing, betting, and public houses, whose vivid depiction led James Joyce to call Esther Waters ‘the best novel of modern English life’. Controversial and influential on its first appearance in 1894, the book opened up a new direction for the English realist tradition. Unflinching in its depiction of the dark and sordid side of Victorian culture, it remains one of the great novels of London life and labour in the 1890s.

scholarly journals Perlindungan Hukum terhadap Anak Diluar Perkawinan bagi Tenaga Kerja Wanita di Kabupaten Cianjur

2020 ◽  
Vol 4 (1) ◽  
pp. 39-54
Author(s):  
Hazar Kusmayanti ◽  
Agus Mulya Karsona
Keyword(s):  
Women Workers ◽  
Migrant Workers ◽  
Child Protection ◽  
Legal Protection ◽  
Research Approach ◽  
Female Workers ◽  
Illegitimate Child ◽  
The Government ◽  
Role Of The Government

Protection of female workers  in Cianjur District is indeed necessary, especially when working abroad. One of the problems is when there are many migrant workers who give birth to children out of wedlock and return to Indonesia without their husband. The purpose of this study was to determine the legal protection illegitimate child born by Women Workers in Cianjur Regency and to know the role of the government to cope with unmarried children born by Women Workers in Cianjur District. The study was analytical descriptive with the method of this research approach through normative juridical. The results of the study found that legal protection for illegitimate child  born by Indonesian Female Workers in Cianjur has a regulation protecting it, namely Article 28 of the 1945 Constitution, Law No. 35 of 2014 concerning Child Protection, Article 43 paragraph (1) of the Marriage Law and Constitutional Court Decision No. 46 / PUU-VIII / 2010. The role of the government in protecting extramarital children born by Indonesian Workers in Cianjur, West Java is not optimal. The role of the village government is very helpful for women migrant workers, namely finding companies that will send their citizens. Whereas illegitimate child born by migrant workers can be protected one of them by smoothing all administrative processes for these children such as issuing a free birth certificate.

scholarly journals KONSEKUENSI MARRIED BY ACCIDENT DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM

2018 ◽  
Vol 9 (2) ◽  
pp. 133
Author(s):  
Imawanto Imawanto ◽  
Edi Yanto ◽  
Mappanyompa Mappanyompa
Keyword(s):  
Research Methods ◽  
Islamic Law ◽  
Biological Father ◽  
Men And Women ◽  
Positive Law ◽  
Legal Guardianship ◽  
Illegitimate Child ◽  
Legal Perspective ◽  
The Guardian ◽  
Cover Up

This article discusses married by accident, which is a marriage that is forced to be carried out between a pair of men and women because the woman is already pregnant, their parents must marry her, in order to cover up their disgrace in the community. Using juridical-normative research methods. The results of the study are, first, the law of being married by accident is permitted both by positive law and Islamic law, secondly, the position of a married by accident child becomes a legitimate child in the perspective of positive law, and an illegitimate child in the perspective of Islamic law. Third, in a positive legal perspective, the legal guardianship and inheritance rights of a daughter from married by accident are her biological father and inheritance rights from her parents, whereas in Islamic legal perspective the child resulting from married by accident biological father has no right to give heirs and is not entitled also be the guardian of the child.keywords: Islamic law; married by accident; positive law. AbstrakArtikel ini membahas tentang married by accident, yaitu pernikahan yang terpaksa dilakukan antara sepasang laki-laki dan perempuan karena perempuannya sudah hamil terlebih dahulu, orang tua mereka harus menikahkannya, dalam rangka menutupi aib mereka di masyarakat. Menggunakan metode penelitian yuridis-normatif. Hasil penelitian, pertama, hukumnya married by accident di bolehkan baik oleh hukum positif dan hukum Islam, kedua, kedudukan anak married by accident menjadi anak sah dalam perspektrif hukum positif, dan anak tidak sah dalam  perspektif hukum Islam. Ketiga, dalam perspektif hukum positif, hak wali dan hak waris anak perempuan dari married by accident adalah ayah biologisnya dan memperoleh hak waris dari kedua orang tuanya, sedangkan dalam perspektif hukum Islam anak hasil dari married by accident ayah biologis tidak berhak memberikan waris dan tidak berhak pula menjadi wali anak tersebut ketika menikah.kata kunci: hukum Islam; hukum positif; married by accident.

scholarly journals Akibat Hukum Anak yang Dilahirkan dalam Kawin Hamil

2020 ◽  
Vol 5 (2) ◽  
pp. 233
Author(s):  
R. Tetuko Aryo Wibowo ◽  
Thohir Luth
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Code ◽  
Marriage Law ◽  
Illegitimate Child ◽  
The Status ◽  
Legal Consequences

This study aimed to explore deeply about the legal consequences of children born as a result of married by accident. The method used is formative juridical with the main reference Article 53 Compilation of Islamic Law, Article 250 of the Civil Code, Article 42 of the Marriage Law, and the Al-Qur’an namely Surat Al Isra ‘verse 32. The results of the study indicate that based on Compilation of Islamic Law, Article 250 of the Civil Code, and Article 42 of the Marriage Law, the legal status of a child resulting from a married by accident is a legitimate child, so it has the descent, inheritance rights, and guardianship rights of both parents. However, based on the Qur’an and the opinion of jumhur ulama, the legal status of a child resulting from the married by accident depends on the length of birth from the time of marriage. If more than six months old, the child’s status is legitimate so that he is entitled to both parents. If it is less than six months, then the status is an illegitimate child, so that he is only entitled to his mother from the descent, guardianship rights, and inheritance rights.

scholarly journals Status dan Hak Anak Tak Sah Islam dalam Undang-Undang di Malaysia

2018 ◽  
Vol 10 (3-4) ◽  
Author(s):  
Zanariah Noor
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Law ◽  
Birth Certificate ◽  
Biological Father ◽  
Self Identity ◽  
Illegitimate Child ◽  
Content Analysis Method ◽  
The Status ◽  
Islamic Family Law

Illegitimate child refers to a child conceived during sexual intercourse outside of wedlock. The jurists have different views regarding the gestation period of pregnancy that affects the legitimacy status of the child. The objective of this article is to analyze the different views of the jurists regarding the status as well as rights of the illegitimate child in Islam and current religious ruling implemented in Malaysia. This article also analyzes the rights of the illegitimate child towards a personal identity that involved lineage that effects on how his/her name and surname will be stated on birth certificate according to the Islamic and civil law in Malaysia. Issues on custody, maintenance, marriage guardianship of the illegitimate child and his/her relation with biological father that married to his / her mother will also be discussed according to the opinions of the jurists as well as Islamic family law in Malaysia. This study utilized content analysis method on discussions put forward by the jurists in authoritative jurisprudence books as well as contemporary jurisprudence books and law provisions that are provided in Islamic and civil law implemented in Malaysia to date. The findings show that Islamic family law protects rights of the illegitimate child in terms of self-identity (lineage), custody, maintenance and marriage guardianship. However, the issue regarding the surname of the illegitimate child was raised in Civil Court, arguing that he/she should be allowed to be named to his/her biological father who had married the mother. This issue needs to be scrutinized. The amendment should be carried out so that matters related to the Muslims' personal laws are implemented according to the Islamic law.

scholarly journals SOCIOECONOMIC, DEMOGRAPHIC AND LEGAL INFLUENCES ON CONSANGUINITY AND KINSHIP IN NORTHERN COASTAL SWEDEN 1780–1899

2011 ◽  
Vol 43 (4) ◽  
pp. 413-435 ◽  
Author(s):  
I. EGERBLADH ◽  
A. H. BITTLES
Keyword(s):  
19Th Century ◽  
Mental Disability ◽  
Northern Sweden ◽  
Demographic Structure ◽  
Cousin Marriage ◽  
Future Studies ◽  
Factors Associated ◽  
Illegitimate Child ◽  
The Social ◽  
The 19Th Century

SummaryMost studies on consanguinity have been conducted on contemporary populations and have focused on the prevalence and types of preferred intra-familial marriage. With its comprehensive birth, marriage and deaths records dating back to the late 17th century, and the legal bar on first cousin marriage removed in the mid-19th century, Sweden offers unique opportunities to examine the factors that determine by whom, where and why consanguineous marriages were contracted. The present study covers the period 1780–1899 and presents a detailed portrait of cousin and sibling exchange marriages in the Skellefteå region of northern coastal Sweden. The combined prevalence of first, second and third cousin marriage increased from 2.3% in 1790–1810 to 8.8% in 1880–1899, and multi-generation consanguinity also increased significantly over the study period. The distribution and prevalence of first cousin marriages was strikingly non-random, with a significantly greater propensity for consanguinity among land-owning families, especially involving first-born sons, within specific pedigrees, and in a number of more remote inland communities. Additional factors associated with a greater likelihood of consanguineous marriage included physical or mental disability among males, and among females the prior birth of an illegitimate child. Besides the inherent interest in the social and demographic structure of this region of northern Sweden during the course of the 19th century, in future studies it will be important to determine the degree to which the observed patterns of consanguineous and sibling exchange marriages in these past generations could have influenced present-day genetic structure.

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