Colonial origins of Korea's "modern family" and the remaining legacy - Focus on family law

2021 ◽  
Vol 84 ◽  
pp. 307-336
Author(s):  
Hyunsoog So
Keyword(s):  
2018 ◽  
Vol 11 (1) ◽  
pp. 49-60
Author(s):  
Miftahul Huda

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.


2021 ◽  
Vol 6 (2) ◽  
pp. 19-25
Author(s):  
Murod Turgunov ◽  

Thecurrent article discusses the issues of ensuring the rights of the child in the Avesta, the sacred book of the Zoroastrians, analyzes the problems of modern family law, implementation of theprovisions of international legal instruments into national legislation regulating family relations in the historical and legal values.Furthermore, the author examines issues related to the definition of pregnancy, its termination, and the legal status of pregnant women based on the analysis of the relevant parts of the Avesta.On the basis of the study of the provisions of this holy book, the author compares the provisions of the modern criminal legislation of Uzbekistan with the provisions of this historical book on marriages, the definition of kinship, the legalstatus of children and adolescents


Legal Studies ◽  
1999 ◽  
Vol 19 (1) ◽  
pp. 93-111 ◽  
Author(s):  
Christine Piper

Family law has not only become a specialism in its own right, but family law practitioners have claimed for themselves special characteristics. This article reviews the attributes and skills to which the legal profession, and particularly the solicitors branch, aspires. It notes that the ‘specialist’ forms of client care and case management, familiarity with rules and procedures and a conciliatory approach are not unique to family lawyering. Family lawyers also require themselves to have knowledge of ‘non-law’ matters, especially those relating to the welfare of children. On reviewing recent empirical research studies about the work of solicitors, the article asserts that, for family lawyers, non-law norms control their practice and form the framework for a very particular type of client care. The article then goes on to examine - by using research on solicitors attitudes to the ‘meaning’ of the concept of parental responsibility - how practitioners cope with the tensions inherent in modern family legislation. It concludes that solicitors in practice convey policy messages rather than clear messages about legal rights and remedies.


2021 ◽  
Vol 11 (1) ◽  
pp. 171-195
Author(s):  
Milena Milošević

This paper deals with positive domestic and comparative international laws on establishing and contesting the marital presumption of paternity. It is evident that these rules derive from the provisions that regulate marriage. What makes them complex and diverse is that in certain legal systems the moments from which the presumption of paternity of the mother's spouse begins and ends are determined differently in relation to the moment of conclusion of marriage and the cause of termination of marriage. The aim of this paper is to point out different possibilities when stipulating the rules on establishing and contesting marital presumption of paternity and how each of these possibilities reflects on the modern concept of parenting and the child's right to know his or her origin. It is from this point of view that the relevant norms of domestic family legislation have been valued.


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