scholarly journals Implications of Child Custody in Islamic Family Law: A Case Study of Customary Courts in Oyo State, Nigeria

ICR Journal ◽  
2018 ◽  
Vol 9 (3) ◽  
pp. 362-376
Author(s):  
Aminullahi Adetoro Yusuff

Studies carried out to investigate the immediate and remote causes of marital discord arising from many of the customary courts in Oyo State, Nigeria, revealed that out of 127 divorce-related cases, 87 involved Muslim couples. Out of this number, 53 were linked to custody of children (al-hadanah which is a regulation that has to do with whom should a child stay after the dissolution of marriage for his/her proper nourishment, protection and wellness in the process of upbringing). This issue has led to many serious disputes among Muslim couples and their families in many localities of the state so much that, in many cases, it has led to street fights, vandalisation of property, civil unrest and legal battles. To worsen the situation, without recourse to Islamic marital jurisprudence, judgments are passed in the customary courts in favour of either of the couples. Therefore, the aftermath of the court verdict does not end this debacle in some cases, with to snowballing into spiritual fighting, where family members of the couples bewitch one another to take custody of the children. This problem is not new but it has risen to an alarming proportion these days. It is against this backdrop that an attempt is made in this paper to examine the practice of child custody after divorce or separation in Islam with a view to laying to rest the series of crises associated with the determination of who is to take care of children after divorce and to bring to peoples awareness the shariah rulings on child custody. The paper concludes that al-hadanah is a measure in disguise to safeguard indiscriminate severance of the cord of marriage and that Islam, through its system of law, has provided practical and lasting solutions to every imagined and real problem of man and that adoption of children in its various forms and types is forbidden in Islam.

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Mohamad Faisal Aulia ◽  
Nur Afifah ◽  
Gilang Rizki Aji Putra

One of the crucial issues in family law in Indonesia that needs attention today is the issue of gender justice in family law, including post-divorce custody of children. This is due to the historical-empirical reality of family law that still places unequal status and roles between men and women. This article discusses how the provisions of child custody disputes in Islamic family law and how the legal provisions for post-divorce child custody have a gender perspective. Based on the above study it can be concluded; First, the legal provisions regarding child custody regulated in articles 105 and 156 are not gender responsive, this is because in determining that a person is given custody based on sex, not based on the aspects of morality, health, educating and caring for children, which in the end is for the realization of interests. the best boy. Second, aspects of morality, health, the ability to educate and care for children cannot be mastered and only owned by a certain gender, but all aspects can be owned by both men (fathers) and women (mothers).Kata Kunci: Hak Asuh Anak, Hukum Keluarga, Keadilan Gender


1931 ◽  
Vol 21 (3) ◽  
pp. 391-409 ◽  
Author(s):  
H. C. Forster ◽  
A. J. Vasey
Keyword(s):  

Since the year 1927, observations have been made in Victoria on the development of wheat crops of various varieties grown in four different districts of the State.The method used was based on that employed by Engledow in his “Investigations on Yield in Cereals,” by taking counts on numbers of plants in various “foot length” samples scattered in a systematic manner over the areas studied.The basis of the observations was the determination of the values which comprise yield, viz. p = numbers of plants, e = ears per plant, n = number of grains per ear, g = average weight of grain.


Author(s):  
G. M. Oliveira ◽  
M. W. Silva ◽  
M. N. Daamen ◽  
E. C. S. Cavalcante ◽  
M. M. V. B. R. Leitão

<p><span>A determinação da quantidade de água necessária para as culturas é um dos principais fatores para o correto planejamento, dimensionamento e manejo de qualquer sistema de irrigação. O presente trabalho teve como objetivo, comparar medida da evapotranspiração da cultura (ETc) da cebola com estimativa obtida a partir da evapotranspiração de referência (ETo) determinada por diferentes métodos e Kc proposto na literatura. O experimento foi conduzido no campo experimental do Departamento de Tecnologia e Ciências Sociais da Universidade do Estado da Bahia - UNEB, em Juazeiro, no período de junho a setembro de 2011. As medidas da ETc foram obtidas em evapotranspirômetros e as estimativas, a partir de ETo determinada pelos métodos: Penman-Monteith (padrão FAO), Penman-Monteith modificado por Villa Nova et al. (2004), Hargreaves &amp; Samani, Makkink e Jensen &amp; Haise e Kc proposto por Marouelli et al. (2005), para a cultura da cebola.<strong> </strong>É fundamental a avaliação de métodos de estimativa da evapotranspiração de referência antes de sua aplicação, pois erros consideráveis podem ser cometidos na determinação da quantidade de água a ser aplicada a uma cultura, o que repercutirá certamente, na produtividade.</span></p><p align="center"><strong><em>Evapotranspiration crop onion</em></strong></p><p><strong>Abstract</strong><strong>: </strong>The determination of the amount of water needed for crops is a major factor for the correct planning, sizing and management of any irrigation system. This study aimed to compare measure of crop evapotranspiration (ETc) onion with estimates obtained from the reference evapotranspiration (ETo) determined by different methods and Kc proposed in the literature. The experiment was conducted in the experimental field of the Department of Technology and Social Sciences, University of the State of Bahia, in Juazeiro, from June to September 2011. The ETc measurements were obtained in evapotranspirometers and estimates, from ETo determined by the methods: Penman-Monteith (FAO standard), Penman-Monteith modified by Villa Nova et al. (2004), Hargreaves &amp; Samani, Makkink and Jensen &amp; Haise and Kc proposed by Marouelli et al. (2005), for the cultivation of onion. It is critical to evaluation of reference evapotranspiration estimation methods before their application because considerable mistakes can be made in determining the amount of water to be applied to a culture, which resonate certainly in productivity.</p><p><span><br /></span></p>


1975 ◽  
Vol 3 (2) ◽  
pp. 153-161
Author(s):  
Daniel L. Rubinfeld
Keyword(s):  

The state-determined measure of the equalized valuation of the taxable property base in local jurisdictions is often crucial in the disbursement of state funds. This note describes the outcome of an equalization study for the state of Massachusetts. The results suggest that the ratio of aggregate equalized valuation to true market valuation is always less than one and varies systematically with the population of the communities involved.


Author(s):  
Yuni Roslaili ◽  
Aisyah Idris ◽  
Emi Suhemi

This research discusses family law reform in Indonesia in relation to the Law No. 16 of 2019 concerning the minimum age for child marriage. The study has been conducted using Maqashid al-syariah perspective in order to analyze first, the formulation of family law reform in Indonesia related to No. 16 of 2019, and second, the perspective of maqasid al-syariah in the law. The primary resource in this library research was Law No. 16 of 2019, and Marriage Law No. 1 of 1974. The results of the study found that family law reform regarding the age limit for marriage in Indonesia began with the existence of the judicial review process to the Constitutional Court regarding Law No.1 of 1974, more specifically Article 7 paragraph (1) which was perceived as contradictory to the 1945 Constitution Article 27 paragraph (1). This paper also proved that the determination of the age limit for marriage in Law No. 16 of 2019 is in accordance with the purpose of marriage and the objectives of sharia in general. In a nutshell, it can be concluded that there has been a reform of family law in Indonesia which can be seen from the aspect of the law regarding the age limit for marriage from nine years in the fiqh literature version to nineteen years in the version of Law No. 16 of 2019. In addition, Law no. 16 of 2019 also equates the minimum age for marriage between boys and girls, which is nineteen years, although classical fiqh literature distinguishes it.


Author(s):  
Ario Narabewa ◽  
Yohanes Yohanes

This researchis conducted to examine the determination of Otoritas Jasa Keuangan as a tax subject and object by the Directorate General of Taxes. DGT determines levies by the OJK on the financial sector related to tax objects. This can lead to double taxation problem depending on the remaining levies of the current year and the following year's budget must be submitted by the OJK to the Treasury. This study employs the state sovereignty theory to request that this stipulation is under statutory regulations. Case study is chosen as the research strategy to deepen the study of this determination phenomenon more deeply and can provide advice to OJK and the Directorate General of Taxes. The data were collected by interview method and document study. The result of this study found that the OJK as an entity has the function to conduct pure administrative tasks.Theresult of this translation shows that OJK’s levy is part of PNBP, thus it cannot be used using object tax


2013 ◽  
Vol 295-298 ◽  
pp. 2855-2858
Author(s):  
Sheng Xue ◽  
Liang Yuan ◽  
Jun Xie ◽  
Yu Cang Wang

An outburst of coal and gas is a major hazard in underground coal mining. It occurs when certain conditions of coal stress, strength and gassiness are met. Based mainly on field observations related to the conditions, a number of indices are used in prediction of the outburst. Some of the indices are considered to be inadequate, inappropriate or impractical in some coal seam conditions. Significant progresses have been made in development of the technologies over the last few years. One of the major achievements is an analytical method in determination of an outburst threshold value of the gas content in a coal seam. The method combines field measurements and numerical modelling. The method is illustrated in this paper in a case study for determination of the outburst threshold value of gas content for a coal seam.


1993 ◽  
Vol 8 (2) ◽  
pp. 93-105
Author(s):  
Barry Hooker

AbstractTo summarise, the British legacy on Shari'a comprised: (1) Sharia in Anglo-Muhammadan precedent; (2) Sharia as a part of "native law"; and (3) Shari'a as an element of Malay sovereignty. So far as private law was concerned, it was restricted to family law, wakaf and (in some places only) mosque attendance and payment of zakat. It was also circumscribed by custom in all places. Between 1945 and 1957, at the approach to independence a considerable rationalisation of this legacy was achieved in the following ways. First, in the Federation, which came into being in 1957, each of the component states retained all rights over religious matters in each individual state. This was and remains specified in the Federal Constitution. Second, beginning in 1952 each state produced its own "Administration of Islamic (or Muslim) Law Enactment".4 While the individual Enactments vary in some details, and some are rather more elaborate than others, they all deal with three elements. These are: (1) An explanation of substantive rules of Shari'a (family law); (2) The structure and jurisdiction of Shari'a courts; and (3) The official determination of Islamic principle. The position now, therefore, is that Islam has: (1) A constitutional reference; and (2) A legislative and judicial form. It has become incorporated into the institutions of the state of Malaysia. From the point of view of this article the most important provision of the legislation is that dealing with what I have called the "official determination of principle". By this I mean to refer to the "Majlis Ugama Islam ..." or "Council of Religion" (the exact title varies from state to state) which each state has. The function of the Majlis is to aid and advise the Ruler on matters of Islam and Malay custom. The exact composition of the Majlis varies from state to state but the single most important duty is to issue fatawa, usually through the medium of a "Shariah Committee" or Fatawa Committee (terms and compositions vary) of the Majlis. A fatwa, once formally published in the State Gazette is binding on all Muslims in the state. Fatawa may be issued only by properly appointed persons through the medium of the appropriate committee(s). This, in short, is the constitutional and legislative structure. I shall now turn to the fatawa themselves.


Author(s):  
Stuart McKernan

For many years the concept of quantitative diffraction contrast experiments might have consisted of the determination of dislocation Burgers vectors using a g.b = 0 criterion from several different 2-beam images. Since the advent of the personal computer revolution, the available computing power for performing image-processing and image-simulation calculations is enormous and ubiquitous. Several programs now exist to perform simulations of diffraction contrast images using various approximations. The most common approximations are the use of only 2-beams or a single systematic row to calculate the image contrast, or calculating the image using a column approximation. The increasing amount of literature showing comparisons of experimental and simulated images shows that it is possible to obtain very close agreement between the two images; although the choice of parameters used, and the assumptions made, in performing the calculation must be properly dealt with. The simulation of the images of defects in materials has, in many cases, therefore become a tractable problem.


TAPPI Journal ◽  
2012 ◽  
Vol 11 (10) ◽  
pp. 9-17
Author(s):  
ALESSANDRA GERLI ◽  
LEENDERT C. EIGENBROOD

A novel method was developed for the determination of linting propensity of paper based on printing with an IGT printability tester and image analysis of the printed strips. On average, the total fraction of the surface removed as lint during printing is 0.01%-0.1%. This value is lower than those reported in most laboratory printing tests, and more representative of commercial offset printing applications. Newsprint paper produced on a roll/blade former machine was evaluated for linting propensity using the novel method and also printed on a commercial coldset offset press. Laboratory and commercial printing results matched well, showing that linting was higher for the bottom side of paper than for the top side, and that linting could be reduced on both sides by application of a dry-strength additive. In a second case study, varying wet-end conditions were used on a hybrid former machine to produce four paper reels, with the goal of matching the low linting propensity of the paper produced on a machine with gap former configuration. We found that the retention program, by improving fiber fines retention, substantially reduced the linting propensity of the paper produced on the hybrid former machine. The papers were also printed on a commercial coldset offset press. An excellent correlation was found between the total lint area removed from the bottom side of the paper samples during laboratory printing and lint collected on halftone areas of the first upper printing unit after 45000 copies. Finally, the method was applied to determine the linting propensity of highly filled supercalendered paper produced on a hybrid former machine. In this case, the linting propensity of the bottom side of paper correlated with its ash content.


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