Introduction

Author(s):  
Tess Chakkalakal

This introductory chapter defines slave-marriage and how it bears upon legal marriage in nineteenth-century America. Hidden from law and subject to separation, a slave-marriage was considered to be so far outside the purview of legal forms of marriage that it seemed hardly worth mentioning. Yet, as a number of slave testimonies and cases heard after the abolition of slavery suggest, slaves married in spite of the law that stipulated “the slave could not marry because he was legally incapable to consent, because the relation of husband and wife was inconsistent with that of master and slave.” Efforts to legalize slave-marriages following emancipation suggest that their marriages were, in fact, just as valued as legal marriages even though they were performed, originally, without legal sanction.

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

This introductory chapter takes a brief look at family law in the United States as it changed over twentieth century and the start of the twenty-first. “Family law” refers to a particular branch of the law—mostly about marriage, divorce, child custody, family property, adoption, and some related matters. However, this chapter also briefly considers other parts of the law that touch on the family in an important way, such as inheritance or the intersection between criminal law and family affairs. The chapter then considers the changes to family law in this expanded sense. In part, the changes were continuations of trends that started in the nineteenth century; but in part they were completely new. Perhaps the single most important trend was the decline of the traditional family, the family as it was understood in the nineteenth century, the family of the Bible and conventional morality.


Author(s):  
Istiqamah Istiqamah

According to the Law of the Republic of Indonesia no. 1 of 1974 concerning marriage under Article 2 Paragraph (1) that legal marriage is a marriage which is done according to the law of each religion and belief. Therefore, the marriage law ceded the validity of a marriage from a religious standpoint. Due to husband and wife related in inheritance that is no right of inheritance from person of different religion so that married couple of marriage of different religion can only get inheritance through will, obligation and reward. Keywords: Inheritance, Husband and Wife Different ReligionMenurut Undang-Undang Republik Indonesia No. 1 Tahun 1974 tentang perkawinan berdasarkan Pasal 2 ayat (1) bahwa perkawinan yang sah adalah perkawinan yang dilakukan menurut hukum masing-masing agama dan kepercayaan. Oleh karena itu, undang-undang perkawinan menyerahkan sahnya suatu perkawinan dari sudut agama. Akibat terhadap suami istri yang terkait dalam kewarisan yaitu tidak ada hak kewarisan dari orang yang beda agama sehingga pasangan suami istri dari perkawinan beda agama hanya bisa mendapatkan warisan melalui wasiat, wajibah dan hadiah.Kata Kunci : Harta Warisan, Suami-Istri Beda Agama


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