Problems of legal regulation of a marriage agreement in the Russian Federation

This article is devoted to the application of the marriage contract by persons entering or already married. The authors define the relevance of concluding marriage contracts and emphasize the positive trend of their application in Russia. As a rule, the question of the division of property is the most difficult and problematic both in theory and in practice. In scientific circles, there is a discussion about the legal nature of the marriage contract. The specifics of its conclusion and the scope of regulation of relations do not give an unambiguous answer about the branch affiliation of this legal institution. There are also a large number of gaps in the Family Code of the Russian Federation due to the lack of legislative consolidation of some aspects related to the contractual regime of spouses’ property. In addition, there is still an unresolved issue regarding the conditions and procedure for concluding a marriage contract by minor citizens entering into marriage. In the article, the authors come to the conclusion that the marriage contract as a legal phenomenon requires more legal regulation at the legislative level.

Harmonisasi Tradisi di Tengah Modernitas Umat: Kajian Fenomenologi terhadap Akad Nikah Samin Kudus

Within a plural society, social and cultural discourses are frequently becoming a scourge. One of them is the blending of traditions in the face of people's modernity, such as the link between Islam and the indigenous Samin's traditional beliefs. The purpose of this study is to conduct a phenomenological investigation into the Samin Kudus custom of marriage contracts. Data was gathered using descriptive techniques such as observation, documentation, and interviews, and then analyzed using Edmund Husserl's phenomenological methodology. According to the findings, the marriage contract was held between the groom and the bride through the Samin custom of the marriage contract procession. This is due to the fact that the potential groom is of Samin custom practitioners who also embraces Islam belief, whereas the bride is a Muslimah. In addition, the marital contract procession is a harmonization across traditions in the study of phenomenology, specifically in harmonizing customs and religion through the stages of nyumuk, mbalesi gunem, ngendek, and paseksen. Diskursus sosial dan budaya kerap kali menjadi momok dalam kehidupan masyarakat majemuk. Salah satu di antaranya ialah harmonisasi tradisi di tengah modernitas umat seperti keterkaitan antara Islam dan adat kepercayaan Samin. Tujuan dalam penelitian ini ialah untuk melakukan pendalaman fenomenologis terhadap akad nikah berdasarkan adat Samin Kudus. Data penelitian dihimpun melalui observasi, dokumentasi, dan wawancara dengan teknik deskriptif, kemudian dianalisis menggunakan teori fenomenologi Edmund Husserl. Hasil penelitian menunjukkan bahwa akad nikah yang dilangsungkan antara pengantin pria dan wanita melalui prosesi akad nikah berdasarkan adat Samin. Hal ini disebabkan pengantin pria adalah seorang keturunan adat namun telah berstatus sebagai muslim, sedangkan pengantin wanita beragama Islam. Selain itu, dalam kajian fenomenologi prosesi akad nikah merupakan harmonisasi lintas tradisi, yakni menyelaraskan adat dan agama melalui tahapan nyumuk, mbalesi gunem, ngendek, dan paseksen.

PROTECTING A WIFE FINANCIALLY AT THE TIME OF DIVORCE – A COMPARISON BETWEEN SOUTH AFRICAN WOMEN MARRIED IN TERMS OF SOUTH AFRICAN CIVIL LAW AND ISLAMIC LAW, WITH SPECIFIC REFERENCE TO THE MAHR

This article compares the South African civil-law and Islamic-law positions with regard to the financial protective measures available to a wife at the time of marriage and divorce. In this regard, the respective matrimonial property systems are discussed, with special emphasis on civil antenuptial and Muslim marriage contracts. In addition, other protective measures inherent to the two systems to prevent prejudice both during the marriage and at the time of divorce, are discussed. It is submitted that, although the provisions of Islamic law do not provide the same financial protection for wives compared to the South African civil law, the Islamic concept of mahr could potentially be used in the Muslim marriage contract to enhance financial security of a Muslim wife at the time of divorce. The article also considers dual marriages where the same spouses marry each other in terms of both civil and Islamic law. In particular, the incorporation of the Islamic concept of mahr into civil antenuptial contracts is discussed with reference to the legal position in Canada to illustrate potential legal problems.

The Venture of the Gospel

This chapter examines the theo-economics of Philippians 1, with some consideration of Philippians 4. It focuses on the financial valences of koinōnia, a term that is often translated as “sharing” or “fellowship” but whose ancient context largely deploys the term in contracts, including land leases and marriage contracts. While in a letter like 1 Corinthians one finds ekklēsia discourse, in Philippians one instead finds koinōnia. That is, 1 Corinthians uses a political term to describe the organizational relationships among the members of the community, while Philippians uses a theo-economic term to describe the organizational relationship between Paul and the Philippians. By thinking about the broader context of the term as one in which parties share risk and reward, one can better understand how a “koinōnia in the gospel” may have been heard and received as a venture. A focus on the “venture of the gospel” in Phil 1:5 also helps explain the language found in Paul's discussion of his imprisonment as a contribution to the prokopē (progress) of the gospel venture (1:12). The chapter concludes with an examination of Philippians 4, arguing that it is only within the full theo-economic picture of Philippians 1 that one can understand Philippians 4's language of abundance and lack in relation to the Philippians' financial support for Paul.

Note of further research

Our article in this issue, “The ‘oldest dated document of the Cairo Genizah’ (Halper 331): The Seleucid era and sectarian Jewish calendars,” examines a fragment of parchment bearing a short text dated to the year 870/1 ce. One of the article's arguments concerns the protective formulas that appear in this fragment—“With a good sign for us and for all Israel, at a good hour, with an upright horn, (under) a high constellation, (so) may it be for us and for all Israel!” Similar formulas appear at the start of later Jewish marriage contracts (ketubbot) preserved in the Genizah (and later, elsewhere). But we suggest that in the ninth century, such formulas were not necessarily distinctive to ketubbot, and that Halper 331 may contain the text of some other type of legal document. In support of this suggestion, we noted two other non-ketubbah texts from the tenth century that feature similar formulas, including an inscription within a lectionary containing readings from the Prophets (haftarot) that was written in 924.

The City as Anthology

Household anthologies of seventeenth-century Isfahan collected everyday texts and objects, from portraits, letters, and poems to marriage contracts and talismans. With these family collections, Kathryn Babayan tells a new history of the city, at the transformative moment it became a cosmopolitan center of imperial rule. Bringing people's lives into view for a city with no extant state or civic archives, Babayan reimagines the archive of anthologies to recover how residents shaped their communities and crafted their urban, religious, and sexual selves. Babayan highlights eight residents—from king to widow, painter to religious scholar, poet to bureaucrat—who anthologized their city, writing their engagements with friends and family, divulging the many dimensions of the social, cultural, and religious spheres of life in Isfahan. Through them, we see the gestures, manners, and sensibilities of a shared culture that configured their relations and negotiated the lines between friendship and eroticism. These entangled acts of seeing and reading, desiring and writing converge to fashion the refined urban self through the sensual and the sexual—and give us a new and enticing view of the city of Isfahan.

NUSHŪZ AS A CAUSE OF DOMESTIC VIOLENCE IN NIGERIA: THE QUR’ANIC PROVISION FOR PEACEFUL FAMILY LIFE AND THE ROLE OF MUSLIM WOMAN IN THE PROCESS

One of the common social problems in Nigerian society nowadays is the increasing of violence against women and children, mostly by male members of a family. Unfortunately, the problem has assumed a new dimension in recent times as husbands become victims of their wives leading violence against them. Throughout the history of human existence on earth. The Qur’ān identifies nushūz as a factor that leads to family crises in marriage contracts and steps have been recommended for peaceful resolution of such disputes in the Qur’ān. However, in spite of this provision, violence against family members is on increase among Muslim families in Nigeria. Some of the questions that many will ask are whether Muslim couples are aware of the Qur’anic guidance in resolving family crises or not? To what extent do the Muslims follow the Islamic teachings in matters related to family life before, during and after disputes? How can such increasing violence be controlled following the teachings of the Qur’ān and Sunnah of the Prophet SAW? What shall be the role of Muslim women in promoting peaceful life within the family? The paper is an attempt to answer the above questions and recommend the best ways to improve family life among Muslims. This will be through analytical studies of relevant texts of the Qur’ān and Sunnah and the current realities in Nigerian Muslim families with a particular reference to Gombe metropolitan city of Gombe State, Nigeria. The paper recommends that Islamic values should be emphasized and upheld at all levels of family life by all and sundry.

Salat Jumat Daring dalam Perspektif Hukum Islam

This study aims to: (i) know the valid requirements of Friday prayers; and (ii) analyze the validity of Friday prayers by online from the perspective of Islamic law. This research is qualitative descriptive research with library study techniques and theological-normative (syar’ī) and philosophical approaches. The results of study show that: (i) Friday prayer is a mandatory worship based on the Qur'an, Sunnah and ijmak, which have the pillars and conditions that must be observed for the sake of validity; (ii) the implementation of Friday prayers y online is invalid. At least this can be reviewed from two aspects; first, aspects of the basic principles and objectives derived from Islamic sharia (maqāṣid al-syarī'ah), where keeping Friday prayers in accordance with the Sunnah of the Prophet Muhammad saw. became part of hifzu al-dīn (keeping religion) so that it should not change the pattern of Friday prayer that the original law is a whole building. Islamic law has given rukhsah for every Muslim who is obliged to pray Friday prayer to replace it with Zuhr prayer when there is something that prevents it; second, the aspect of Islamic jurisprudence review, where Friday prayers require the existence of prayer congregations and is not validly performed individually. Analogizing online Friday prayers with online marriage contracts is incorrect because the law of qiyas must be analogous to the original law that has direct evidence and should not be to legal products or other qiyas results.

Contractual grounds for the emergence of housing ownership

The study provides the theoretical analysis of such secondary grounds for the emergence of housing ownership as civil law contracts. It is established that a civil law contract constitutes the most common basis, which delineates the general will of the contracting parties in a single expression of will, aimed at the transfer of housing ownership. There is a good reason that the contract constitutes a legal fact, a form of legal relations, a document that consolidates the rights and obligations of the parties, and the regulator of the relationship of transfer of housing. The study analysed and proposed to supplement the current system of civil law contracts as grounds for the housing ownership by such contractual forms as a pledge agreement (mortgage), donation agreement, a hire-purchase agreement, inheritance agreement, and marital agreement. In addition, the study established the differences between the housing barter contract and the housing exchange contract. The authors emphasised the imperfections of the current legislation in this regard and concluded that these contractual structures have different legal nature, because the barter agreement serves as the basis for the housing ownership, and the exchange agreement serves only as the basis for the right of use. Distinguishing the gift agreement as the basis for the ownership of housing and wills, it was concluded that the gift agreement may be concluded in the event of the donor’s death in the future, as the law does not make provision for such a prohibition. That is, the contracting parties may stipulate in the housing gift agreement that the housing passes to the donee from the moment of death of the donor. Special attention is paid to the features of the gift agreement as the basis for the housing ownership, which is reflected in the right of the donor to determine the purpose of use of housing, which is transferred to the ownership of the person under the contract. The purpose stated in the gift agreement must correspond to the purpose of the housing. The study considered the specific features of inheritance and marriage contracts as grounds for the emergence of ownership of housing. Civil law contracts are proposed as a basis for the emergence of housing ownership to be classified as housing purchase and sale contracts; housing barter agreements; perpetual maintenance agreements; housing rental agreements; housing gift agreements; housing mortgage agreements; housing donation agreements; hire-purchase agreements; inheritance agreements; marital agreements; construction agreements; agreements on joint activities

Is It Possible to Perform Online Marriage during COVID-19 Outbreak?

This article aims to initiate on performing marriage contracts virtually during the co-19 pandemic in Indonesia. This article adopts normative and empirical facts that occur among Muslims in Indonesia. An interesting result of this study state the teachings of Islamic jurisprudence allows do a marriage contract via online as discussed by classical clerics across schools. The consideration for the government and legislative body in the future should be to look again at the views of classical and contemporary scholars. Muslims must accept the fact that marriage in Indonesia no longer refers to the books of the clergy, but to the marriage law. Therefore, the book of scholars is used as a source for updating the marriage law for the understanding and benefit of Muslims. Without banging on religious and state polemics but integrating them into marriage laws relevant to space and time