scholarly journals Prosedur Pencatatan Perkawinan dan Perceraian di Negara Indonesia dan Malaysia Perspektif Hukum Islam

2017 ◽  
Vol 1 (1) ◽  
pp. 87-99
Author(s):  
Fahmi Basyar
Keyword(s):  
20Th Century ◽  
Family Law ◽  
South East Asia ◽  
Islamic World ◽  
Existing Problems ◽  
The Family ◽  
The Status ◽  
History Of ◽  
Muslim Majority ◽  
The Right

One phenomenon that emerged in the Islamic world in the 20th century is the family law renewal efforts undertaken by countries with Muslim majority. This was done in response to the dynamic development of society life. There are at least three points that is the objective of family law renewal in the Islamic world, as a law unification effort, raising the status of female, and responding to developments and demands to provide solutions to existing problems. A review of Act Number 1 in 1974 "named this law as a form of unification that is unique with respect fully the variation based on religion and belief to God, besides that unification aims to complement what is not regulated by religion, because in that matter, the state has the right to set it in accordance with the developments and the demands. From the aspect of the history of the Islamic family law renewal in South East Asia spearheaded by Malaysia. It is the first country that has been undertaking the renewal effort, with the birth of Mohammad Marriage Ordinance Number 5 in 1880 in the countries of the straits.

The Status of Knighthood Appointments Made by Deposed Royal Families

2018 ◽  
Author(s):  
Shutaro Takeda
Keyword(s):  
20Th Century ◽  
Focal Points ◽  
Comprehensive Review ◽  
The Family ◽  
The Status ◽  
The Subject ◽  
New Interpretation ◽  
The Right

Legal debates on the deposed sovereigns’ rights have emerged since 20th century. Among them, the right to appoint knights by heads of deposed royal families is one of the focal points. The author begins with a comprehensive review of legal debates on the subject. Six principles on the appointment are extracted from the review. Then, a new interpretation is proposed, wherein the legitimacy to confer honours and the legitimacy of the orders of knighthood themselves have to be considered separately. Under this method of interpretation, the criterion to judge the legitimacy of an appointment of knight is both the jus honorum of the head of the family and the order of knighthood itself being legitimate.

scholarly journals Court Practice in Family Disputes: Problems of Discretion on the Verge of Law-Making

Lex Russica ◽  
2019 ◽  
pp. 40-48 ◽  
Author(s):  
N. N. Tarusina
Keyword(s):  
Family Law ◽  
Judicial Discretion ◽  
The Supreme Court ◽  
The Family ◽  
The Status ◽  
History Of ◽  
The Russian Federation ◽  
Rule Making ◽  
Law Making ◽  
Court Practice

The article is devoted to the analysis of the problems connected with the law-making function of court practice in family disputes. The history of this function, which is not one of the classic types of judicial activity, has several factors: paticularities of family legal relations, situational nature of the majority of family law norms as a key prerequisite for broad judicial discretion in its various forms — concretization, interpretation, subsidiary application of the legislation, application of analogy, conflict resolution that in some cases can be qualified as legal stances of normative type. As an illustration, the provisions of a number of current rulings of the Supreme Court of the Russian Federation on family matters are offered.It is noted that the purpose of the rule-making approaches applied in the court practice involve primarily considerations of fairness in relation to expediency. At the same time, firstly, the criteria for choosing situations for the formation of a trend towards a fair resolution of family disputes of a certain category are not quite clear; secondly, the legal approaches under consideration do not exclude a direct conflict with the family law; thirdly, they remain in the status of recommendations for decades instead of being modified within a reasonable time and transformed into an improved family legislation.The author associates himself with the scholars who consider it necessary, if judicial law-making is inevitable, to regulate its grounds, criteria and procedure directly via civil procedural and/or other laws.

scholarly journals DIVORCE IN ENGLAND AND WALES: TIME FOR REFORM

2012 ◽  
Vol 24 (1) ◽  
pp. 21-37
Author(s):  
Mary Welstead
Keyword(s):  
20Th Century ◽  
Family Law ◽  
Academic Community ◽  
Divorce Law ◽  
Administrative Process ◽  
Legal Relationship ◽  
The Family ◽  
The Law ◽  
The Right ◽  
Lord Chancellor

The clamour of voices crying out for reform of the law relating to financial provision on divorce is regularly heard. The judiciary, the academic community, lawyers and prospective divorcees have all expressed concern about the problematic nature of the current law and the urgent need for change.1 Yet these same voices rarely draw attention to the major defects inherent in divorce law itself. The battle for divorce reform which dominated the family law debate during the latter part of the 20th century appears to have been abandoned, along with the decision in 2001 by Lord Irvine of Lairg, the then Lord Chancellor, not to bring into force the major reforms to divorce law contained in Part II of the Family Law Act 1996 (see below). There is now an uneasy and, for the most part, a silent acceptance that the majority of spouses who want to bring their relationship to a legal end will find a way of doing so. The fact that they might have to resort to a massaging of the law, which may at times border on outright dishonesty, to secure their freedom and the right to embark on a new legal relationship, is largely ignored. Indeed in many family law textbooks and family law courses, the topic of divorce is barely discussed. It is viewed as an administrative process with little legal content to it. The few cases which do come before the courts are given similar scant treatment, even when they draw attention to the fundamental problems in the current law, a law which is both outdated and confusing.

scholarly journals Lviv as the cradle of Polish independence organizations

2021 ◽  
Vol 201 (3) ◽  
pp. 534-545
Author(s):  
Janusz Zuziak
Keyword(s):  
Twentieth Century ◽  
20Th Century ◽  
Early 20Th Century ◽  
Social Activists ◽  
The Past ◽  
Independence Movement ◽  
Political Orientations ◽  
History Of ◽  
The Right ◽  
The City

Lviv occupies a special place in the history of Poland. With its heroic history, it has earned the exceptionally honorable name of a city that has always been faithful to the homeland. SEMPER FIDELIS – always faithful. Marshal Józef Piłsudski sealed that title while decorating the city with the Order of Virtuti Militari in 1920. The past of Lviv, the always smoldering and uncompromising Polish revolutionist spirit, the climate, and the atmosphere that prevailed in it created the right conditions for making it the center of thought and independence movement in the early 20th century. In the early twentieth century, Polish independence organizations of various political orientations were established, from the ranks of which came legions of prominent Polish politicians and military and social activists.

scholarly journals The authority of the ecumenical patriarch in the Orthodox Church: A historico-canonical analysis

2010 ◽  
pp. 301-322
Author(s):  
Vasilije Vranic
Keyword(s):  
20Th Century ◽  
Canon Law ◽  
Historical Analysis ◽  
Vital Role ◽  
Eastern Orthodox ◽  
Orthodox Church ◽  
Christian Church ◽  
Exact Role ◽  
History Of ◽  
The Right

During the 20th century, the exact role and the scope of jurisdictional authority of the Ecumenical Patriarch was an object of attention of both theologians and historians. The problem of defining the Patriarch was reactualized through the intensification of conciliar negotiations of Orthodox Churches. The purpose of this article is to demonstrate that the pretensions of the Ecumenical Patriarch for universal jurisdiction over the entire Orthodox Diaspora, and the pretensions for the right of final arbitration in the ecclesial matters of the entire Orthodox communion, do not have a support in the Orthodox Ecclesiology. This will be argued in a historical analysis of the relevant prescriptions of the Eastern Orthodox Canon Law, which will be placed into the context of the history of the Christian Church, primarily of the Patristic period, since there disciplines play a vital role in the Orthodox understanding of Ecclesiological Tradition.

scholarly journals Family Life for Children in State Care

2020 ◽  
Vol 28 (4) ◽  
pp. 715-747
Author(s):  
Clarie Breen ◽  
Jenny Krutzinna ◽  
Katre Luhamaa ◽  
Marit Skivenes
Keyword(s):  
Family Life ◽  
Foster Parents ◽  
Limited Extent ◽  
Best Interest ◽  
Family Unit ◽  
Theoretical Literature ◽  
Biological Parents ◽  
The Family ◽  
The Status ◽  
The Right

Abstract This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.

scholarly journals Renouncing the World and Taking Ordination

2021 ◽  
Vol 13 (2021/1) ◽  
Author(s):  
Krisztina Teleki
Keyword(s):  
20Th Century ◽  
Dominant Role ◽  
Family Members ◽  
Family Ties ◽  
The Family ◽  
The World ◽  
Monastic Life ◽  
History Of ◽  
Similarities And Differences ◽  
Written Sources

The 20th century brought different periods in the history of Mongolia including theocracy, socialism and democracy. This article describes what renouncing the world (especially the home and the family), taking ordination, and taking monastic vows meant at the turn of the 20th century and a century later. Extracts from interviews reveal the life of pre-novices, illustrating their family backgrounds, connections with family members after ordination, and support from and towards the family. The master-disciple relationship which was of great significance in Vajrayāna tradition, is also described. As few written sources are available to study monks’ family ties, the research was based on interviews recorded with old monks who lived in monasteries in their childhood (prior to 1937), monks who were ordained in 1990, and pre-novices of the current Tantric monastic school of Gandantegčenlin Monastery. The interviews revealed similarities and differences in monastic life in given periods due to historical reasons. Though Buddhism could not attain its previous, absolutely dominant role in Mongolia after the democratic changes, nowadays tradition and innovation exist in parallel.

scholarly journals Reorientasi Gerakan Feminisme Islam; Sebuah Upaya Membangun Kesetaraan Perempuan

FIKROTUNA ◽  
2017 ◽  
Vol 3 (1) ◽  
Author(s):  
ABD WARITS
Keyword(s):  
Skin Color ◽  
Social Role ◽  
Human Beings ◽  
Men And Women ◽  
The World ◽  
The Status ◽  
History Of ◽  
The Difference ◽  
The Right ◽  
Arbitrary Action

In the history of women's life, the woman has never cracked from the wild cry of helplessness. Woman always become victim of men’s egoism, marginalized, hurt, unfettered, fooled and never appreciated the presence and role. This situation troubles many intellectual Muslims who have perspective that Islam teaches equality, equality for all human beings in the world. The difference in skin color, race, tribe and nation, as well as gender does not cause them to get the status of the different rights and obligations. The potential and the right to life of every human being and the obligation to serve the Lord Almighty is the same. Indeed, all human beings, as caliph in the world, have the same obligation, namely to prosperity of life in the world. No one is allowed to act arbitrarily, destroying, or hurt among others. They are required to live side by side, united, and harmonious, help each other and respect each other. However, that "demand" never becomes a reality. The differences among human identities become a barrier and the cause of divisions. For them, those who are outside environment, different identities are "others" who rightly do not need them "know". The difference of identity has become a reason to allow "hurt" each other. Several intellectual Muslims who recognize the wrong (discrimination against women), and then they attempt to formulate a movement for women's liberation. All the efforts have been done on the basis of awareness that arbitrary action by any person can never be justified. They also realize, that the backwardness of women are "stumbling block" that will lead to the resignation of a civilization. However, this struggle found a lot of challenges; including the consideration of "insubordination" to conquer the power of men, despite it had done by using many strategies. Starting from the writing of scientific book and countless fiction themed women has been published in order to give awareness of equality between men and women. This paper seeks to reexamine the process of the empowerment struggle to give a brand new concept, so that the struggle of women empowerment is not as insubordination and curiosity process in an attempt to conquer the male. Through approach of literature review and observations on the relationship between men and women, the writer finally concluded that the movement of Islamic feminism is not a movement to seize the power of men, but an attempt to liberate women from oppression so that they get the rights of their social role, giving freedom for women to pursue a career as wide as possible like a man, without forgetting a main duty as a mother: to conceive, give birth and breastfeed their children.

scholarly journals The Updating in Satir’s Family Therapy Model

2017 ◽  
Vol 5 (1) ◽  
pp. 425
Author(s):  
Neşide Yıldırım
Keyword(s):  
Family Therapy ◽  
The United States ◽  
Communication Patterns ◽  
Self Confidence ◽  
Perspective Change ◽  
The People ◽  
The Family ◽  
The Status ◽  
History Of ◽  
The Individual

Virginia Satir (1916-1988) is one of the first experts who has worked in the field of family therapy in the United States. In 1951, she was one of the first therapists who has worked all members of the family as a whole in the same session. She has concentrated her studies on issues such as to increase individual's self-esteem and to understand and change other people's perspectives. She has tried to make problematic people compatible in the family and in the society through change. From this perspective, change and adaptation are the two important concepts of her model. This is a state of being and a way to communicate with ourselves and others. High self-confidence and harmony are the first primary indicator of being a more functional human. She starts her studies with identifying the family. She uses two ways to do this; the first one is the chronology of the family that is history of the family, the second one is the communication patterns within the family. With this, she updates the status of the family. Updating is the detection of the current situation. The detection of the situation, in other words updating, constitutes the very essence of the model that she implements. In this study, communication patterns within the family are discussed for the updating, the chronological structure has not been studied. The characteristics of family communication patterns, the model of therapy that is applied by Satir for these patterns and the method which is followed in the model are discussed. According to her detection, the people who face with problems, use one of those four patterns or a combination of them. These communication patterns are Blamer, Sedative/Accepting, distracter/irrelevant and rational. Satir expresses that these four patterns are not solid and unchanging but all of them “can be converted”. For example, if one of the family members is usually using the soothing (sedative/accepting) pattern, in this case, it means that he/she wants to give the message that he/she is not very important in the inner world of the individual itself. However, if such a communication pattern is to be used repeatedly by an individual, he/she must know how to use it. According to Satir, this consciousness may be converted to a conscious gentleness and sensitivity that is automatically followed to please everyone. This study was carried out by using the copy of Satir’s book, which was originally called “The Conjoint Family Therapy” and translated into Turkish by Selim Ali Yeniçeri as “Basic Family Therapy” and published in Istanbul by Beyaz Yayınları in 2016. It is expected that the study will provide support to the education of the students and family therapists.

scholarly journals The Institute of Guardianship in Muslim Family Law in the Early Middle Ages

2018 ◽  
pp. 29-36
Author(s):  
M. O. Dadashev
Keyword(s):  
Property Rights ◽  
Middle Ages ◽  
Family Law ◽  
Financial Economic ◽  
Early Middle Ages ◽  
Rights Of The Child ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
Muslim Family

The article deals with the rights of the child and parents in the Muslim family law of the early Middle Ages and its formation in the 8th-10th centuries. The key rights of the child were determined and explained: the right to life, the right to naming, the right to nafaka-the right to financial support-the right to the awareness of his or her genealogy, the right to breastfeeding and the right to up-bringing (al-hidana). In addition, the article provides for the following classifications of the rights in question: basic, financial-economic, religious-ethical. Also, the author considers the issue of prohibition of adoption and gives the definition of an orphan (jatim) under Muslim family law, elucidates peculiarities of the status of orphans, the mechanism for protecting property rights of orphans, rights and duties of guardians with respect of orphans and their property, powers of the kadia (judge) regarding the issue of protecting the rights of orphans, types of guardianship. The reasons and procedure for deprivation of guardianship are also examined. In addition, the author considers parental property rights regarding children.

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