Father of the Year

2021 ◽  
pp. 84-113
Author(s):  
Jackie Krasas

This chapter explores how gendered social institutions shape the custody process and experiences of noncustodial mothers. It elaborates that work and employment, psychotherapy, and the law are discursively gender-neutral social institutions that rest on and reproduce existing gender hierarchies that shape a noncustodial mothers' experiences. It also explains what gendered understandings and assumptions about work and employment or home inform mothers' understandings of child custody and custody-determination processes. The chapter describes the role that the therapeutic orientation of the custody process plays in making mothers lose custody. It demonstrates the manner in which gender matters in child custody as the concept of parenting is deeply gendered, regardless of the actual genders of parents.

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.


2020 ◽  
Vol 45 (3) ◽  
pp. 839-856
Author(s):  
Andrew Roesch-Knapp

From the medical field to the housing market to the criminal justice system, poor people must navigate labyrinthian organizations that often perpetuate social and economic inequality. Arguably it is through these social institutions, and through multiple processes embedded within each of these institutions, that the governance of urban poverty is effectively maintained. This essay revolves around one such process, examining how Matthew Desmondʼs Evicted: Poverty and Profit in the American City (2016) points to the eviction process as an important producer of urban poverty in and of itself. After delving into housing law and Desmondʼs ethnographic and quantitative research methodologies, the essay examines four sites where the law is at work in eviction: the eviction court; the “law-on-the-books” versus the “law-in-action”; practices in the shadow of the law; and the relationship between the criminal justice system and the housing market. One goal of the essay is to place eviction within the law, punishment, and social inequality literatures.


Author(s):  
Sergey V. Petkov ◽  

The article analyses the scientific approaches of scientists to the evolution, essence and features of the concept of �responsibility�, �social responsibility�, �legal responsibility�. It is stated that responsibility is determined by the level of development of public consciousness, the level of social relations, existing social institutions. Liability as a social phenomenon can be manifested both in a positive way � receiving a reward, and in a negative - for committing offences. The classification of responsibility as a social phenomenon depends on the sphere of social activity, in connection with which political, moral, social, legal and other types of responsibility are distinguished. It is theoretically substantiated that legal responsibility differs from other types of social responsibility by formal definition, obligatory observance of legal norms, state control over their execution, application of state coercion to the offender, prevention of offences and protection of law and order. The degree of responsibility in public and private legal relations is determined. Public torts (crime and misdemeanor) are analysed, problematic issues are outlined and suggestions for their improvement are provided. Types of legal liability for committing offences (torts) are considered. Emphasis is placed on the fact that responsibility is a necessary condition for the development and effective functioning of the state, its effectiveness depends on the mechanisms of responsibility to the individual and is determined by the level of social consciousness, the level of social relations, existing social institutions. The key task of accountability is the fair application and inevitability of punishment. Today, the real threat to national security is a theoretically unfounded amendment of the legislation on liability for offenses. Chaotic, unsystematic accumulation of blanket norms in the basic codes, introduction of new definitions and definitions in the legislation on criminal liability, misunderstanding of the essence of disciplinary liability for misdemeanors, creation of new bodies carrying out administrative activities carried out in the field of other state bodies. This has led to real irresponsibility of government officials and vulnerability of citizens from illegal actions of offenders. The Constitution of Ukraine states that a person may be liable only for offences defined by law. The law must be clear and effective. Punishment is just and inevitable. However, the law will be effective only when it will contain all the components of the rule of law: the hypothesis is usually a behaviour; disposition - violation of this rule; sanction - punishment for violation.


2018 ◽  
Vol 18 (2) ◽  
Author(s):  
Muhammad Isna Wahyudi

Religious Courts in Indonesia which have special jurisdiction to hear disputes among Muslims are directly involved with the issue of women dealing with the law. Most of the Indonesian women seeking justice in religious court. Hence, it is important to discuss the application of justice and gender equality perspective in religious courts involving women dealing with the law. Employing justice and gender equality perspective, the author discusses some crucial issues including divorce, female witness, child marriage, joint property, polygamy, child custody, child denial, and paternity. It argues that such discussion is important as guidance to judges of religious courts in applying Supreme Court Regulation (PERMA) No. 3/2017 on Guidelines for Hearing the Case of Women Dealing with the Law. 


2020 ◽  
Vol 8 (2) ◽  
pp. 295
Author(s):  
Renita Ivana ◽  
Diana Tantri Cahyaningsih

<p>Abstract<br />This article aims to find out the basis of the judge’s consideration of the Divorce Decision with the  Provision of Child Custody to the father. This writing also includes normative legal research that is prescriptive. The research approach uses the Law approach (state approach) and case approach. Legal material collection techniques use legal material collection techniques with the study of documents or library materials (library study). The results of the study explained that judges’ consideration arose from the six divorce decisions that the authors examined was by prioritizing the best interests principle for  children, the judge giving custody of underage children to the father. This is not in accordance with the  rules of the invitation that apply because the child under the age of custody is in the hands of the mother. But because of the bad behavior of the mother, abandoning the child, forgetting her responsibilities as a mother which is all the basis of the judge’s consideration in making decisions regarding the granting of custody of minors to the father.<br />Keywords: Divorce; Consideration of Judges; Child Custody</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui dasar pertimbangan hakim terhadap Putusan Perceraian dengan  Pemberian Hak Asuh Anak kepada bapak. Penelitian hukum ini merupakan penelitian hukum normatif yang bersifat preskriptif. Pendekatan penelitian menggunakan pendekatan Undang-undang (state approach) dan pendekatan kasus (case approach). Teknik pengumpulan bahan hukum menggunakan teknik pengumpulan bahan hukum dengan studi dokumen atau bahan pustaka (library study). Hasil penelitian menjelaskan bahwa pertimbangan hakim yang muncul dari keenam Putusan Perceraian yang penulis teliti adalah dengan mengedepankan asas kepentingan terbaik bagi anak, hakim memberikan hak asuh anak di bawah umur kepada bapak. Hal tersebut tidak sesuai aturan Perundang-undangan yang  berlaku karena anak di bawah umur kedudukan hak asuhnya berada di tangan ibu. Namun karena perilaku ibu yang buruk, menelantarkan anak, melupakan tanggung jawabnya sebagai ibu. Sehingga menjadi dasar pertimbangan hakim dalam menjatuhkan putusan mengenai pemberian hak asuh anak di bawah umur kepada bapak.<br />Kata Kunci: Perceraian; Pertimbangan Hakim; Hak Asuh Anak</p>


Al-Qalam ◽  
2021 ◽  
Vol 27 (1) ◽  
pp. 85
Author(s):  
Abdul Rahman ◽  
Anwar Sadat

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>The enactment of Law No. 35 of 2014 concerning Child Protection is intended to protect children and guarantee their rights to live, grow, develop, and participate optimally following human dignity and get protection from violence and discrimination. It could be achieved through increasing awareness of the rights and obligations and the responsibility of the involved parties, especially parents because they are the first and foremost in contact with children. In the context of the Law socialization, research is needed to find an appropriate and effective socialization model especially for women (mothers) through religious-social activities. One of them is majelis ta'lim program. This research used a normative-empirical research type. Normative research was used through the interpretation of grammatical and authentic legal methods. Empirical research was conducted by a teleological interpretation method to know the extent of the legal norm according to the community’s attitudes, behaviors, and compliance. Data were collected through the study of literature and empirical studies using interview guidelines and questionnaires. The research results showed that the developed socialization model could solve the most fundamental and urgent literature and the wider community’s interests. In protecting the community-based program, the issue is not merely children in conflict with the law. It includes a larger unit of interaction, such as parents, family, peers, environment, and wider social institutions</span></p></div></div></div>


ICR Journal ◽  
2017 ◽  
Vol 8 (2) ◽  
pp. 272-274
Author(s):  
Mohamed Azam Mohamed Adil

Child custody refers to the upbringing of a child, including the parental responsibility to provide protection, love, care, education, shelter and management. Generally, in determining who will be the legal custodian of a child, a court will first and foremost ensure that the child’s welfare is well-protected.  In Malaysia, child custody is governed by two separate laws, one for non- Muslims and one for Muslims. For non-Muslims, the Law Reform (Marriage and Divorce) Act of 1976 (Act 164) holds sway, while for Muslims it is either the Islamic Family Law Enactments of the respective states or the Islamic Family Law Act of the Federal Territories that are relevant. While the Malaysian civil court operates over the non-Muslim laws, the Syariah court operates over the Muslim ones.  


Author(s):  
Angele Kremer-Marietti

The French philosopher and social theorist Auguste Comte is known as the originator of sociology and ‘positivism’, a philosophical system by which he aimed to discover and perfect the proper political arrangements of modern industrial society. He was the first thinker to advocate the use of scientific procedures in the study of economics, politics and social behaviour, and, motivated by the social and moral problems caused by the French Revolution, he held that the practice of such a science would lead inevitably to social regeneration and progress. Comte’s positivism can be characterized as an approach which rejects as illegitimate all that cannot be directly observed in the investigation and study of any subject. His system of ‘positive philosophy’ had two laws at its foundation: a historical or logical law, ‘the law of three stages’, and an epistemological law, the classification or hierarchy of the sciences. The law of three stages governs the development of human intelligence and society: in the first stage, early societies base their knowledge on theological grounds, giving ultimately divine explanations for all phenomena; later, in the metaphysical stage, forces and essences are sought as explanations, but these are equally chimerical and untestable; finally, in the positive or scientific stage, knowledge is secured solely on observations, by their correlation and sequence. Comte saw this process occurring not only in European society, but also in the lives of every individual. We seek theological solutions in childhood, metaphysical solutions in youth, and scientific explanations in adulthood. His second, epistemological law fixed a classification or hierarchy of sciences according to their arrival at the positive stage of knowledge. In order of historical development and thus of increasing complexity, these are mathematics, astronomy, physics, chemistry, biology and sociology. (Comte rejected psychology as a science, on the grounds that its data were unobservable and therefore untestable.) Knowledge of one science rested partly on the findings of the preceding science; for Comte, students must progress through the sciences in the correct order, using the simpler and more precise methods of the preceding science to tackle the more complex issues of later ones. In his six-volume Cours de philosophie positive (The Positive Philosophy) (1830–42), Comte gave an encyclopedic account of these sciences, ending with an exposition of what he regarded as the most advanced: social physics or ‘sociology’ (a term he invented). The sociologist’s job would be to discover the laws that govern human behaviour on a large scale, and the ways in which social institutions and norms operate together in a complex yet ultimately predictable system. In his later work, Comte fleshed out his vision of the positive society, describing among other things a Religion of Humanity in which historical figures would be worshipped according to their contribution to society. Despite such extravagances, however, the broader themes of his positivism – especially the idea that long-standing social problems should be approached scientifically – proved influential both in France and, through J.S. Mill’s early support, in England.


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