scholarly journals KAJIAN SOSIOLOGIS DALAM HUKUM KELUARGA ISLAM

Ijlil ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 196-215
Author(s):  
Syamsul Arifin

Sociological studies in Islamic family law are an alternative to legal research, which is a legal research not only in the forms of existing rules, but also examines the law in the legal reality that occurs in society. Sociological studies become a different point of view, where Islamic family law research is very close to syara 'law, determining whether or not it is permissible according to syara'. Sociological research Sociological research can be a research explaining the phenomenon of Islamic family law studied with social theories. Moreover, the family is the smallest social structure in the social world. The study of legal practices in matters related to the Islamic family becomes legal studies not only in the form of normative doctrinal, but empirical non-doctrinal.

Kodifikasia ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 263-282
Author(s):  
Anis Hidayatul Imtihanah

Artikel ini mengelaborasi hukum keluarga Islam dengan prinsip mubadalah yang bertujuan untuk meminimalisir praktik dominasi, subordinasi dan bahkan kekerasan dalam keluarga. Sehingga sangat perlu mengangkat topik tentang relasi gender suami istri dalam keluarga untuk “membuka mata” akan pentingnya relasi yang sadar gender. Melalui kajian ini, diharapkan mampu mempertahankan akar hukum keluarga Islam yang ramah gender sehingga tidak akan ada lagi praktik dominasi dan subordinasi dalam kehidupan rumah tangga. Penelitian ini menggunakan metode kepustakaan (library research) dengan mengkaji berbagai macam sumber literatur yang berkaitan dengan topik relasi gender dalam keluarga sekaligus memadukannya dengan pendekatan feminis. Berdasarkan hasil penulusuran dari berbagai sumber referensi dijelaskan bahwa pola relasi suami istri yang baik itu adalah berdasar pada prinsip Al- Mu’asyarah bi Al- Ma’ruf. Hal tersebut akan terwujud jika kedua belah pihak yaitu suami istri saling memahami sekaligus menjalankan hak-hak dan kewajibannya secara resiprokal dan proposional, sehingga akan tercipta keselarasan. Tidak ada dominasi antara suami istri karena keduanya adalah saling melengkapi. Selain itu, keberadaan prinsip mubadalah dalam Hukum Keluarga Islam merupakan sebuah keniscayaan untuk mewujudkan tatanan hukum yang ramah gender dalam keluarga Islam. [This study elaborates on Islamic family law with the principle of mubadalah which aims to minimize the practice of domination, subordination and even violence in the family. Moreover, the discussion also reveals the importance of gender-awareness relations in the family life. Through this study, it is expected to be able to maintain the root of Islamic family law in the gender-friendly relation point of view. So, there will be no more practices of domination and subordination in the domestic life. This research uses the library research method by examining various sources of literature related to the topic of gender relations in the family and also involves the feminist approach. The results show that the pattern of an ideal relationship between husband and wife is based on the principle of Al-Mu'asyarah bi Al-Ma’ruf. It can be realized if the husband and wife can understand each other and at the same time carry out their rights and obligations proportionally and reciprocally, thereby the harmony can be realized. There is no domination between husband and wife because both are complementary. In addition, the existence of the principle of mubadalah in Islamic Family Law is a necessity to realize and optimize a gender-friendly legal order in the Islamic family.]


Author(s):  
Viktoriia Ogorenko ◽  
Olha Hnenna ◽  
Viktor Kokashynskyi

The article considered the social, psychological and clinical aspects of domestic violence. Analyzed the main types of violent behavior (economic, psychological, physical, sexual) and the components of the causes of cruel behavior in the family: aggressive behavior, violence, violent behavior. The results of sociological research are presented, the prevalence, causes, aims and types of this phenomenon in Ukraine and in the world are determined. The sociological and cultural concepts of the features of the spread of the phenomenon of violence in families are considered. The stages of the formation of violent behavior in families are analyzed. The features of neurotic disorders and their prevalence among people who have experienced domestic violence are considered.


Author(s):  
Farogat Bakhtiyorovna Fayzieva ◽  

The article analyzes the problems of improving the effectiveness of applied sociological research. The scientific method that helps to ensure objectivity and consistency in the study of a social problem is considered. The directions, forms and prospects for the development and improvement of the effectiveness of applied sociology from a practical point of view are given.Intelligence research is the simplest type of applied sociological analysis. It solves problems that are very limited in their content, covers, as a rule, small study populations, and is based on a simplified program and concise methodological tools, which in applied sociology is understood as a package of documents specially developed for each study designed to collect primary sociological information, such as: an interview form, a mass or expert questionnaire, a card for recording the results of observation, studying documents; further: sampling projects, mathematical analysis of primary information, etc.A methodology for evaluating the social effectiveness of applied sociological research applied to any written results of scientific activity is proposed.


2018 ◽  
Vol 15 (1) ◽  
pp. 18 ◽  
Author(s):  
Yuri Andrea Arango-Bernal

Objetivo: analizar los significados que construyen las madres de personas en condición de hemofilia, sobre ser portadoras de la enfermedad. Materiales y Métodos: Estudio cualitativo con enfoque del interaccionismo simbólico que, a través de una etnografía particularista y el uso de entrevistas semiestructuradas, observaciones y revisión documental, rescató el punto de vista de 17 madres pertenecientes a la Liga Antioqueña de Hemofílicos que participaron de manera voluntaria y residen en diferentes municipios del departamento de Antioquia. Resultados: Las participantes se reconocen a sí mismas como seres potenciales, es decir, no sólo como trasmisoras o cuidadoras de la enfermedad de sus hijos, sino como sujetos cognoscentes de su realidad dispuestas a reflexionar sobre sus aprendizajes e incorporarlos a favor de la relación consigo mismas y con los demás. Los significados más relevantes son: empezar a vivir con hemofilia, asumir la enfermedad, la familia, el cuidado y la crianza, la relación con los servicios de salud, caminando con algo que no se puede desprender y darse cuenta. Conclusiones: La salud colectiva es la posibilidad de tener un acercamiento más comprensivo al proceso salud – enfermedad – atención de los colectivos humanos, tomando en cuenta las condiciones económicas, sociales y culturales en las que estos se inscriben. La pregunta por los significados de estas madres develó el tejido de lo individual y lo colectivo, como un asunto que trasciende el plano biológico de la enfermedad y da cuenta de la construcción social en la que confluyen prácticas, saberes, imaginarios y sentimientos.Palabras Clave: Cuidadores, enfermedad crónica, hemofilia A, madresSignifi cance of being a hemophilia carrierAbstractObjective: Analyzing the meanings that mothers of people with hemophilia, build about being carriers of the disease. Materials and methods: Study based on the qualitative method supported by the approach of symbolic interaction, which through a particularistic ethnography, and the use of semi-structured interviews, observations and document review, rescued the point of view of 17 mothers belonging to the Liga Antioqueña de Hemofílicos. They participated voluntarily and reside in different municipalities of Antioquia. Results: The participants recognize themselves as potential beings, that is, not only as disseminators or carers of the illness of their children, but as cognocentes subject of their reality willing to reflect on their learning and incorporate them in favor of the relationship with herself and others. The most important meanings are: start living with hemophilia, assuming the disease, the family, the care and upbringing, relationships with health services, walking with something that can not be detached and realize. Conclusions: Collective health is the ability to have a more comprehensive approach to process health - disease - care of human groups, taking into account the economic, social and cultural conditions in which they are registered. The question of the meaning of these mothers, unveiled the tissue of the individual and the collective, as a matter that transcends the biological level of the disease and accounts for the social construction that blends practices, knowledge, imaginary and feelings.Key Words: Hemophilia A, chronic disease, mothers, caregivers. Significado de ser portadora de hemofiliaResumo                                   Objetivo: Analisar os significados construídos pelas mães de pessoas com hemofilia, sobre ser portadores da doença. Materiais e Métodos: Estudo qualitativo com foco no interacionismo simbólico, que, através de uma etnografia individualista e o uso de entrevistas semi-estruturadas, observações e revisão documental, resgatou o ponto de vista de 17 mães pertencentes à Liga Antioquia de Hemófilos que participaram voluntariamente e residem em diferentes municípios do departamento de Antioquia. Resultados: Os participantes se reconhecem como seres potenciais, ou seja, não apenas como transmissores ou cuidadores da doença de seus filhos, mas como sujeitos cognitivos de sua realidade que estão dispostos a refletir sobre sua aprendizagem e a incorporá-los em favor do relacionamento com eles mesmos e com os outros. Os significados mais relevantes são: começar a viver com hemofilia, assumir a doença, família, cuidados e educação, relacionar-se com os serviços de saúde, caminhar com algo que você não pode separar e perceber. Conclusões: A saúde coletiva é a possibilidade de ter uma abordagem mais abrangente para o processo saúde-doença-cuidado de grupos humanos, levando em consideração as condições econômicas, sociais e culturais nas quais estão registradas. A questão dos significados dessas mães revela o tecido do indivíduo e o coletivo como um problema que transcende o plano biológico da doença e explica a construção social em que as práticas, o conhecimento, o imaginário e os sentimentos convergem.Palavras-Chave: Cuidadores, doenças crônicas, hemofilia A, mães  


Author(s):  
Abdelmajid Nayif Alawneh

    The research aims to study the impact of unemployment on the social conditions in the Palestinian society from the point of view of the unemployed youth, especially in the current time period (2019), the researcher used the descriptive analytical method, and the research community consists of young people in the governorate of Ramallah. The researcher used the questionnaire tool, and the data were analyzed by the analysis program (SPSS). It was found that the majority of youth are unemployed, they are middle age, single and large families, urban residents, people with specialties and low income. As for the results of the research, there was an increase in the impact of the forms of unemployment on the social conditions of the individual, family and society and their outlook towards the future, came the highest degree on the social conditions of the individual (6. 90%) and then the social conditions of the family (3. 83%), Followed by the societal conditions to reach the value (78%), came the lowest values ​​for the outlook for the future, which amounted to (67%). Some of the features of the impact of unemployment, including the tension, anxiety and frustration of the young group. As for the nature of the relationship between the variables of the study, there was a statistically significant relationship between the combined unemployment and the low income, between the apparent, persuasive and compulsory unemployment, and the individual, family and societal situations and the outlook for them. At the end of the research a number of recommendations were made, most notably the need to balance the types of education and activate the social and cultural role of the family.  


2020 ◽  
Vol 2 (1) ◽  
pp. 63-78
Author(s):  
Haqqiyah Uthlufah

The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.


Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.


2017 ◽  
Vol 19 (2) ◽  
pp. 292-303 ◽  
Author(s):  
B. Savitha

Micro health insurance (MHI) is an important mechanism to fight iatrogenic poverty in India. Its sustainability and viability depends, to a greater extent on the renewal of membership. This article evaluates the factors that influence renewal decisions in Sampoorna Suraksha Programme (SSP) in Karnataka. This study shows income class and chronic illness in the family to determine the renewability. The findings indicate adverse selection since low-income low-risk and high-income low-risk families dropout. From the social welfare point of view, renewal from high-risk low-income families is welcome; yet this should not jeopardize resource mobilization of SSP. Sustainable and viable operations of SSP depends on continued membership of insured population that can be achieved through external financial assistance for the poorest, wider network of hospitals and increased awareness on health insurance. Dropout rate in any MHI scheme should be kept very low to achieve deeper penetration and wider coverage especially in India where large percentage of population falls outside the insurance ambit.


2020 ◽  
Vol 4 (4) ◽  
pp. 85-91
Author(s):  
A. Matyukhin

This review is an analysis of the monograph of Roman Osin, candidate of philosophy, associate Professor of the Department of fundamental legal and social-humanitarian disciplines at synergy University "Left forces and spontaneous protest: history, lessons, modernity, prospects". The monograph examines the political and socio-class nature of the mass protests of 2011-2013 from the perspective of Marxist methodology and tactics of the Russian left movement in them. The monograph is of interest both from the point of view of studying the protest and left-wing movements of the early 2010s, and from the point of view of the methodology for understanding the phenomenon of "color" revolutions in General. The author analyzes the social composition of the protesters, their political views, as well as the political forces of the protest and their tactics based on the empirical material of sociological research, as well as personal experience of participating in the ongoing processes. Based on the study, R.S. Osin concludes that the protest was generally "petty-bourgeois" in nature and could not lead to fundamental changes in the basis of society. At the same time, from the author's point of view, this protest was an important milestone in the development of the politicization of Russian society and could not fail to be a useful experience for Russian citizens. Analyzing the tactics of the left forces, R.S. Osin notes as a disadvantage the political and ideological inconsistency of many left-wing organizations, which benefited the liberal protest forces or the authorities. From the point of view Of R.S. Osin, the most correct tactic was the tactics of those organizations that simultaneously opposed the liberal and state-Patriotic forces, which in practice means participating in protests with their own independent agenda. In conclusion, R.S. Osin expresses his own point of view on the need for fundamental changes in society, reveals the concept of social and political revolutions, and also States the thesis that only the organized labor movement and other layers of workers can change the system of industrial relations in the country. Despite the obvious ideological color of the work and the use of exclusively Marxist methodology as the research base, R.S. Osin's monograph is of scientific interest and can be used to study the modern protest and left-wing movement.


2021 ◽  
pp. 239-244
Author(s):  
Tetiana Shapovalova ◽  
Daryna Shuminska

Introduction. At present, the priority of social policy in Ukraine is to ensure a fair standard of living for all categories of the population who find themselves in difficult life circumstances, including families raising children with disabilities. Over the past 5 years, the number of Ukrainian families raising children with disabilities has increased by 20% according to the State Statistics Service of Ukraine. This is due to various environmental, social, economic, and other factors that harm the general health of the population. In the research circle, scholars consider the family as a center for the upbringing and development of a child with a disability, because for this child, the family is primarily the main environment for rehabilitation. However, the family cannot be considered solely from the point of view of rehabilitation, because the family is a social group that carries out its activities based on a common economic, domestic, moral, and psychological way of life. Families with children with disabilities face many difficulties and problems, from medical to social, but the most pressing and common problems of such families are financial. Given the economic situation in Ukraine and the economic opportunities of Ukrainian families, it is safe to say that the social security system in Ukraine is not able to fully help families raising children with disabilities financially, as benefits are insignificant and the variability of such benefits is negligible. This actualizes the study of social protection of families with children with disabilities, in particular the study of international innovative methods of social welfare provision to this category of the population. The aim of the article is a theoretical analysis of global innovation mechanisms and approaches to social welfare provision to families raising children with disabilities for their further implementation in Ukraine. Methodology. The theoretical foundation of this article is based on world socio-economic theories, scientific approaches to solving problems of social welfare, and the social work theories. General scientific research methods were used, in particular, structural-functional to reveal the types of social assistance and existing technologies and methods of calculating social benefits for families raising children with disabilities in Ukraine; comparison – to study the world's innovative social welfare technologies. Results. It has been confirmed that the social welfare provision to families raising children with disabilities is one of the priority tasks of social policy both in Ukraine and in the world. An analysis of international innovative mechanisms and approaches of social welfare provision to families, who raise children with disabilities has been carried out. Improvement of the Ukrainian social welfare system has been suggested by introducing world tendencies of social protection of families raising children with disabilities.


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