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Journal articles on the topic 'Divorce (Comparative law)'

Author: Grafiati

Published: 28 July 2024

Last updated: 31 July 2025

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1

Dadashev, M. B. "Divorce Proceedings in Muslim Family Law of the Early Middle Ages: Theoretical, Historical and Legal Aspects." Juridical science and practice 19, no. 2 (2023): 29–38. http://dx.doi.org/10.25205/2542-0410-2023-19-2-29-38.

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This article will consider the procedure for giving a divorce in Muslim family law, the types of divorces, the author’s classification of divorces by type and category. A comparative legal analysis of divorce in Muslim family law and family law of other legal systems is given, such as pre-Islamic family law of the Arab tribes of the Arabian Peninsula, Jewish family law, canon law. The problem of husbands’ freedom of divorce in Muslim family law of the early Middle Ages will also be considered. The article will also pay attention to approaches to the procedure for determining the place of resid

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2

Meidina, Ahmad Rezy. "Legal System of Polygamy and Divorce in Muslim Countries: Comparative Studies among Turkey, Pakistan, and Indonesia." Matan : Journal of Islam and Muslim Society 5, no. 1 (2023): 15. http://dx.doi.org/10.20884/1.matan.2023.5.1.8301.

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This article talks about the practice of Islamic family law in the Muslim world; Türkiye, Pakistan, and Indonesia which focus on polygamy and divorce. Talking about polygamy and divorce must be familiar to many people because polygamy is a very sensitive scourge when someone does that. Likewise, with divorce, this kind of thing becomes the subject of gossip in society when a family gets divorced. This paper will explain how family law is in the Muslim world, especially Turkey, Pakistan, and Indonesia with the main study of polygamy and divorce which aims to understand the understanding of soci

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Nafisah, Durotun, Nasrudin Nasrudin, Ahmad Rezy Meidina, and Muhammad Fuad Zain. "Comparative Analysis of Islamic Family Law and Normative Law: Examining the Causes of Divorce in Purwokerto, Indonesia." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 8, no. 2 (2024): 847. http://dx.doi.org/10.22373/sjhk.v8i2.16825.

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The elevated divorce rate in Purwokerto has become a focal point for the local government due to its adverse repercussions. This research has identified five primary factors contributing to divorce, encompassing education, economic status, religion, access to healthcare, and environmental factors. This study employs empirical legal methods analyzed in accordance with Islamic family law theory. In-depth interviews were conducted with informants, as well as literature studies and data collection techniques. The results showed two critical findings. First, Islamic family law makes it clear that a

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Jolly, Stellina, and Prakriti Malla. "Recognition and Enforcement of Foreign Divorce Judgments in India and Nepal: A Comparative Analysis." Global Journal of Comparative Law 11, no. 2 (2022): 197–221. http://dx.doi.org/10.1163/2211906x-11020002.

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Abstract The increased presence of diaspora has resulted in many South Asian women marrying and migrating to the West. Such cross-border/transnational marriages have also resulted in copious judicial disputes presented in Western jurisdictions. The definitive resolution of marital disputes necessitates a well-defined mechanism for the recognition and enforcement of foreign judgments. Clear legal provisions dealing with recognition and enforcement of foreign divorce judgments are significant in determining a person’s legal status, which has instantaneous and future legal implications concerning

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Misran, Misran, Dhiauddin Tanjung, and Pagar Pagar. "Telaah kritis upaya peninjauan kembali dalam perkara perceraian di peradilan agama perspektif mashlahat al-mursalah." JPPI (Jurnal Penelitian Pendidikan Indonesia) 10, no. 2 (2024): 137. http://dx.doi.org/10.29210/020242610.

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This paper aims to analyze the impact and legal consequences of extraordinary legal efforts for judicial review in the religious courts of divorce cases from the perspective of mashlahat al-mursalah. The method used is normative legal research using multiple approaches including legislation, cases, and a comparative approach with data analysis techniques using descriptive analysis methods. The conclusion of this study shows that legal remedies for judicial review of divorce cases that have permanent legal force (inkracht van gewijsde) create new problems (mafsadat) in society, so for the sake

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Hakim, Mohammad Ainul Hakim. "Marriage Dispute Resolution in Muslim Populated Countries: A Comparative Study of Divorce Law in Indonesia and Singapore." Legitima : Jurnal Hukum Keluarga Islam 6, no. 2 (2024): 63–80. https://doi.org/10.33367/legitima.v6i2.4775.

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Purpose – The issue of reasons for divorce is an interesting discussion to study. In Indonesia, the reason for divorce that is mostly submitted by parties who want to divorce is the dispute between husband and wife. The reason for divorce in Law No. 1 of 1974 is Article 39 paragraph (2), and husband and wife disputes are included as reasons for divorce in the law. Meanwhile, in Singapore, the factors contributing to divorce between husband and wife are also mostly due to husband and wife disputes. The grounds for divorce in Singapore are regulated in Article 49 AMLA 1966 concerning fasakh. Met

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Bakri, Mukhlis. "Putusan dan Penetapan PA Kuningan Nomor 492/Pdt.G/2022/PA.Kng tentang Gugurnya Ikrar Talak Suami dalam Cerai Talak." El 'Aailah: Jurnal Kajian Hukum Keluarga 3, no. 1 (2024): 31–56. http://dx.doi.org/10.59270/aailah.v3i1.223.

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The case of the cancellation of a husband's divorce vow in a divorce talak is not a new thing, in fact this case has often happened in almost all regions in Indonesia. This happened because on the day of the hearing for the divorce pledge the applicant was not present, so that the applicant's or husband's application for the divorce pledge was invalid and did not have permanent legal force. The purpose of this research is to find out whether the judge's considerations used in deciding case Number 492/Pdt.G/2022/PA.Kng are in accordance with Islamic law and positive law or not, then analyzed us

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Izzulhaq, Farih. "Divorce of Pregnant Women: A Comparative Study Analysis of The Thoughts of The Syāfi’i Mażhab and The Māliki Mażhab." Jurnal Ilmiah Mahasiswa Raushan Fikr 12, no. 1 (2023): 74–91. http://dx.doi.org/10.24090/jimrf.v12i1.6199.

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This article is a comparative study of the thoughts of the Mażhab Syāfi’i and the Mażhab Māliki on the divorce of pregnant women. Mażhab Syāfi’i allows divorces to take place during pregnancy. However, some adherents of mażhab Māliki prohibit divorce from being pregnant. This writing aims to find out the legal istinbat methods used by both. This type of research includes library research with normative approaches and fiqh that is descriptive-analytic to describe the problem of divorce of pregnant women. The results of this study are that the legal istinbaţ method used by mażhab Syāfi’i is the

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9

Hong, Seung-Hee. "The necessity of transition to no fault divorce and legal reform measures: Based on a comparative legal review." Korean Society Of Family Law 37, no. 3 (2023): 259–333. http://dx.doi.org/10.31998/ksfl.2023.37.3.259.

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In Korea, the Japanese Civil Code was used during the Japanese colonial period, and the Civil Code, a translation of the Japanese Civil Code, was applied until the Korean Civil Code enacted in 1958 was enforced in 1960. The Korean Civil Code is very similar to the Japanese civil law, and the number of articles is significantly smaller and lacks specificity compared to the civil laws of many Western countries. In the case of the divorce law, the deficiencies of such legislation are being supplemented by the interpretation of the courts. Divorce laws in the West, such as Germany, England, France

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Yuli, Yuli, Mukran H. Usman, and Sirajuddin Sirajuddin. "Hak Waris Janda Talak Bāin oleh Suami yang Sakit Parah Menurut Imam Malik dan Imam Syafii serta Implementasinya dalam Kompilasi Hukum Islam." AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab 2, no. 2 (2023): 133–43. http://dx.doi.org/10.36701/qiblah.v2i2.937.

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This study aims to determine the inheritance rights of wives who are divorced by husbands who are seriously ill according to the views of Imam Malik and Imam Syafii and their application in the Compilation of Islamic Law (KHI). This research is a library research, using a normative approach and a comparative approach. The results of the study found that there were differences of opinion between Imam Malik and Imam Syafii regarding the inheritance rights of wives who were divorced by husbands who were seriously ill. according to the rules of saddu al-żarī'ah, closing loopholes for husbands who

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Anwar, Miftakhul. "Hukum Khitbah, Mahar Bagi Wanita yang Dicerai dan Muth’ah Tholaq." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 3, no. 2 (2021): 253–64. http://dx.doi.org/10.47467/as.v3i2.641.

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This article discusses the interpretation of Q.S Al-Baqoroh verses 235-237 which discusses the law of khitbah, dowry for divorced women and muth'atut tholaq from the perspective of Imam Fakhruddin Ar-rozi's interpretation of mafatihul ghoyb. In this article explained the law of each of the laws of khitbah, dowry for divorced women and muth'atut tholaq. This commentary study includes a thematic interpretation model that discusses a certain maudhu/tem in the Qur'an. In this study the data obtained through a literature review and processed using a descriptive-comparative method. This study aims t

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Nosaiba, Younis Bsharat, and Bin Awang Mat Kamarudin. "A Study of Some Controversial Issues in the Provisions of the Iddah in Islamic Jurisprudence and Personal Status Law in the Kingdom of Jordan." American Based Research Journal 11, no. 07 (2022): 01–04. https://doi.org/10.5281/zenodo.7019943.

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<em>The problem is concentrated in the difference between the woman and her husband in the provisions of the iddah, as each interprets from his point of view, so there must be a clear reference that depends mainly on it. The study aims to clarify the provisions of the woman in the iddah in Islamic jurisprudence and the Jordanian personal status law, as well as a statement of what her financial rights are, and to identify the position of the Jordanian personal status law from the provisions of the iddah, in issues that agreed with Islamic jurisprudence, and issues in which jurisprudence was vio

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Muslih Muslih, Akbarizan Akbarizan, Akmal Abdul Munir, Akel Fernando, and Andi Marwan. "Fulfillment of Children's Rights After Divorce : A Comparative Study in Qatar, Egypt, Indonesia, Malaysia, and Jordan." International Journal of Law and Society 2, no. 1 (2024): 210–15. https://doi.org/10.62951/ijls.v2i1.322.

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Divorce is a global phenomenon with significant implications for children's rights. This study aims to conduct a comparative analysis of the fulfillment of children's rights after divorce in five countries with different legal systems: Qatar, Egypt, Indonesia, Malaysia, and Jordan. The research employs a normative juridical method with a comparative legal research approach through literature review and legal document analysis. The findings reveal that each country has a unique mechanism for ensuring children's rights after divorce. Diverse legal systems—ranging from common law, civil law, to I

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Nasir, Muhammad, Yuni Roslaili, Suparwany, Rita Khathir, Aisyah Idris, and M. Anzaikhan. "LEGAL STATUS AND CONSEQUENCES OF UNILATERAL DIVORCE: COMPARATIVE STUDIES BETWEEN EGYPT, JORDAN, TUNISIA AND INDONESIA." Malaysian Journal of Syariah and Law 12, no. 2 (2024): 457–70. http://dx.doi.org/10.33102/mjsl.vol12no2.614.

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Unilateral divorce by the husband outside the court requires attention for the protection of affected women and children. This literature study was conducted to find out how the development of traditional family law implementation into modern family law in four countries, namely Egypt, Jordan, Tunisia, and Indonesia. This article is classified as literature research with a qualitative approach. The methodology used is normative and comparative legal studies. The results of this study showed that there are differences in laws and regulations in the Islamic family law environment in those countr

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Najah Naif Lateef, Nashwan Khalid Salih Al- Zibare, Najah Naif Lateef, Nashwan Khalid Salih Al Zibare. "The judge's discretion to compensate for an arbitrary divorce (Analytical Comparative Study): السلطة التقديرية للقاضي في التعويض عن الطلاق التعسفي (دراسة تحليلية مقارنة)". مجلة العلوم الإقتصادية و الإدارية و القانونية 6, № 6 (2022): 40–63. http://dx.doi.org/10.26389/ajsrp.k030821.

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Divorce is the right of the husband, and is nullified by his unilateral will, and no one can prevent it in its infliction. However, it is a protection for the wife from the abuse and injustice of the husband. Compensation is established for her when his arbitrariness is proven in the divorce. The judge enjoys wide discretionary power in estimating compensation. This study aims to shed light on the most important issue which the judge has discretionary power, such us the issue of compensation for arbitrary divorce and the related provisions contained in the Iraqi Personal Status law No (188) an

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Tri Astuti, Fakhriyah, Setiyawan Setiyawan bin Gunardi, and Erni Erni Dewi Riyanti. "SOSIO-CULTURAL ANALYSIS OF DIVORCE LEGISLATION A COMPARATIVE STUDY BETWEEN INDONESIA AND UNITED KINGDOM." al-Mawarid Jurnal Syariah dan Hukum (JSYH) 5, no. 2 (2023): 135–58. http://dx.doi.org/10.20885/mawarid.vol5.iss2.art2.

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This study aims to compare the perspective of legal sources of divorce in Indonesia and the United Kingdom by using a number of legal sources and other written literacy as the reading sources and reference (Public Research). This study used a qualitative-descriptive method by comparing divorce laws; analyzed the factors causing similarities and differences in the form of the rules in terms of divorce in Indonesia and the United Kingdom, and identified similarities and differences in how the two countries regulate the divorce issues. The researcher concerned with the biography and history of th

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Mohd Nor, Aishah, Nurhidayah Muhammad Hashim, Nur Ezan Rahmat, et al. "Comparative Analysis of Reconciliation Procedures in Syariah and Civil Courts." Malaysian Journal of Social Sciences and Humanities (MJSSH) 7, no. 10 (2022): e001854. http://dx.doi.org/10.47405/mjssh.v7i10.1854.

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Reconciliation in divorce proceedings has been introduced in family courts in dealing with application for divorce. This study focuses on the functions, the appointment of committees, and the procedures of reconciliation in Shariah courts and Civil courts to compare the practice of laws between Section 47(5) to (17) of the Islamic Family Law (State of Selangor) Enactment 2003 (IFLSE 2003) and Section 106 of the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976). This study was conducted through doctrinal and comparative legal research of the existing literature, including academic articles,

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18

Hanafiah, Mahmudi. "Konsep Mediasi Dalam Penyelesaian Syiqāq (Studi Komparatif Fiqh al-Syāfi’iyyah dan Hukum Positif)." Jurnal Al-Mizan 8, no. 2 (2021): 233–49. http://dx.doi.org/10.54621/jiam.v8i2.156.

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Marriage is expected to be a way to get a peaceful life. However, this expectation is not always fulfilled. Shiqāq often occurs in the household. Islam orders mediation in the event of shiqāq. In positive law in Indonesia, mediation is also one of the obligations in litigation in the Court. The research is entitled Mediation Concept in Shiqāq Settlement (Comparative Study of Fiqh al-Syāfi'iyyah and Positive Law). The problem studied is how the concept of mediation in the settlement of syiqāq according to fiqh al-syāfi'iyyah and positive law and how the mediation comparison between the two is.

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Terec-Vlad, Loredana. "The Divorce. Comparative View between Old and Current Regulations - Social Significance." Journal for Ethics in Social Studies 5, no. 1 (2022): 36–44. http://dx.doi.org/10.18662/jess/5.1/40.

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In the past, Romanian legislation did not distinguish between the termination of marriage and its dissolution through divorce. Divorce represented, as stipulated in art. 38 of the Family Code, the means of dissolving the marriage, for good reasons, which made it no longer possible to continue the marriage. It follows from the definition of divorce that it could only be obtained by judicial means, even in the situation when it was based on the consent of the spouses, the court being the one that pronounced it, after verifying the fulfillment of the legal conditions. Nowadays and with the entry

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Siti Rohmatul Ilahiya and Ahmad Musadad. "Tinjauan Yuridis Terhadap Petitum Cerai Talak dan Cerai Gugat di Pengadilan Agama." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 4, no. 2 (2023): 320–33. http://dx.doi.org/10.36701/bustanul.v4i2.965.

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The purpose of this study is to provide broader knowledge to the people of Bangkalan regarding the rights that must be defended in the petitum divorce and mutual divorce in the Bangkalan Religious Court. The research method used in this study is normative juridical, using approaches (law approach), (comparative approach), and (conceptual approach). The results of this study show that the highest decision in the household rests with the husband, but when carrying out a divorce, the highest decision rests with the judge's decision. The parties can defend their rights through a petitum for divorc

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Susanto, Roni Eko, I. Wayan Putu Sucana Aryana, and Cokorde Istri Dian Laksmi Dewi. "Juridical Analysis of Divorce Annulment Norms Reviewed from Law Number 23 of 2006 concerning Population Administration (Comparative Study with Australia)." Jurnal Indonesia Sosial Sains 5, no. 07 (2024): 1795–805. http://dx.doi.org/10.59141/jiss.v5i07.1188.

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Marriage is a physically and mentally binding agreement based on faith, so marriage is living with a man and a woman by fulfilling certain conditions. There are times when disputes are involved in a marriage between husband and wife, which, if not managed properly, can cause divorce. It is regulated regarding the annulment of divorce as contained in Law Number 23 of 2006. However, the mechanism for the annulment of divorce is not further regulated in Indonesian law, so it is necessary to discuss the current arrangement and its comparison with Australia and analyze the existence of divorce annu

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Arshiev, B. M. "Child custody after a divorce in Islam and in Russian legislation (comparative analysis)." Minbar. Islamic Studies 17, no. 3 (2024): 659–77. http://dx.doi.org/10.31162/2618-9569-2024-17-3-659-677.

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The article describes the negative consequences that result from the lack of a competent approach to solving the problem associated with determining the right to care for minor children after parental divorce. The main focus is on explaining the most important norms of Islamic family law, and Russian legislation in matters of the right to care for the children in the event of parental divorce. A comparative analysis is carried out between these norms, indicating points of contact and differences. The purpose of the study is to reveal the problem related to the right to care for the minor child

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Nino, Kutsniashvili. "THE APPROACH TO DIVORCE: A COMPARATIVE STUDY OF FAULT AND NO-FAULT LAWS ACROSS COUNTRIES." Deutsche internationale Zeitschrift für zeitgenössische Wissenschaft 101 (April 2, 2025): 102–6. https://doi.org/10.5281/zenodo.15124876.

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Divorce is a complex legal process. while the specific procedures and requirements can differ, the complexities and emotional toll are universally recognized. In addition, it involves various legal, and financial complexities that vary across jurisdictions. The nature of divorce can be contested or uncontested, with different legal frameworks determining the process, from fault-based to no-fault systems. Divorce has profound emotional and psychological effects on individuals, often leading to stress and significant life changes. Understanding the multifaceted nature of divorce is crucial for n

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Zekolli Shaqiri, Kaltrina, and Emrije Zuberi. "THE CONCEPT AND CAUSES OF THE DIVORCE UNDER THE LEGAL REGULATION OF THE REPUBLIC OF MACEDONIA AND THE NEED FOR ADAPTATION WITH CHANGES IN THE CONTEMPORARY WORLD." Knowledge International Journal 28, no. 6 (2018): 1959–63. http://dx.doi.org/10.35120/kij28061959k.

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The issue of divorce and rising rates in the modern world is one of the most serious problems and social issues that greatly affect the lives of people. Divorce is a human right. It is an expression of individual freedom to want and to choose. Setting up the right to divorce is an expression of civilization today and at the same time it can be considered as significant progress compared to the past because it allows the disruption of the community in which relations between spouses do not function according to the corresponding and prescribed order. Divorced marriages relate to personal and so

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Fizal, Ahmad. "A Comparative Analysis of Ulama Opinions on the Existence of the Sighat Ta'liq Talaq in Indonesia." Al Mashaadir : Jurnal Ilmu Syariah 6, no. 1 (2025): 9–18. https://doi.org/10.52029/jis.v6i1.339.

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This research is descriptive-analytical in nature, aiming to describe the object of study while also conducting an in-depth analysis of it. The research method used is qualitative research, specifically library research, employing a qualitative descriptive approach that focuses on theories, concepts, and ideas. This approach seeks to reveal or describe the data or theories obtained. In classical Islamic jurisprudence (fiqh), particularly within the Shafi'i school of thought, ta'liq talaq (conditional divorce) is considered a unilateral declaration by the husband that links the occurrence of di

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Zemtsova, Yu V., Polina P. Nechaeva, and Nadezhda N. Shanihina. "THE CURRENT STATE AND PROSPECTS OF REGULATION OF DIVORCE PROCEEDINGS: RUSSIAN AND FOREIGN PRACTICE." Russian Studies in Law and Politics 8, no. 3 (2024): 4–21. https://doi.org/10.12731/2576-9634-2024-8-3-196.

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Background. The divorce process is an important indicator of changes in society, reflecting the main trends in the cultural, legal and economic aspects of the life of the state. The article is aimed at studying the evolution of legal regulation in the USSR and modern Russia. In addition, normative legal acts and statistical data reflecting the main aspects of divorce proceedings in the Russian Federation are studied. The author analyzes some features of the family law of foreign countries in the field of regulation of the divorce process. Based on the conducted research, the authors have devel

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Lestari, Lestari, Siti Zailia, and Legawan Isa. "Praktek Cerai Rujuk di Desa Pedamaran Menurut Hukum Islam dan Hukum Positif." Muqaranah 6, no. 2 (2022): 99–112. http://dx.doi.org/10.19109/muqaranah.v6i2.14545.

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Referral divorce practices must be carried out in the Religious Courts. However, there are still many people who divorce and reconcile without involving the Religious Courts, as is often done by people in Pedamaran Village, Pedamaran District, Ogan Komering Ilir Regency, South Sumatra. Therefore, this research wants to know about the implementation of the divorce practice in Pedamaran Village which will be studied in terms of Islamic law and applicable legislation. The aim of the research is to find out how the study of Islamic law and legislation regarding the practice of divorce is referred

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Daud, Fathonah K. "KHULU’ AND TALAK, IS IT SAME? Philosophical-Comparative Study of Women's Divorce Rights in Fiqh and Positive Law." Al Hakam The Journal of Islamic Family Law and Gender Issues 1, no. 1 (2021): 16–31. http://dx.doi.org/10.35896/alhakam.v1i1.175.

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This paper is a philosophical-comparative study of Islamic law in Islam and in the provisions of Positive Law. Are the discussions and provisions the same between khuluc and talak in fiqh and positive law? This research is a descriptive-qualitative research, using a literature review approach and analyzing it with the deduction method. The findings of this study indicate that khuluc in Indonesian law is called a divorce suit with different procedures. Both fiqh and positive law do not give the same meaning between khuluc (here called fasakh) and talak, this is the opinion of the Syafi'i school

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Syifa, Siti Nur, and Ahmad Izzuddin. "Comparative Study Of Reasons For Divorce Based On National Marriage Laws In Indonesia And Turkiye." Islamic Review: Jurnal Riset dan Kajian Keislaman 13, no. 1 (2024): 39–58. http://dx.doi.org/10.35878/islamicreview.v13i1.1110.

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Marriage aims to build a happy and eternal family, but realizing this is challenging because many factors trigger a conflict that leads to divorce. Research focuses on reasons for divorce based on marriage law. To sharpen reasoning in studying the laws of other countries, the research was carried out using comparison. The country chosen to compare with Indonesia is Turkey because Turkey has reformed family law in the form of a law, apart from that because Indonesia and Turkey have a majority Muslim population with a majority of the Shafi'i school of thought in Indonesia and Hanafi in Turkey. T

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Muhamad Nur Rifaldi Rachman, Nirwan Junus, Nirwan Junus, and Julius T. Mandjo. "Akibat Hukum Tidak Terlaksananya Hak Asuh Anak Pasca Perceraian Orang Tua Di Pengadilan Agama Gorontalo." Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 1 (2023): 321–44. http://dx.doi.org/10.59059/mandub.v2i1.884.

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This research aims to find out what child custody rights are like after parents' divorce in the Gorontalo Religious Court and what the legal consequences are for child custody after parents' divorce. The method used in this research uses a normative type of research. This research uses a comparative approach (Comparative Approach) and a fact approach (The Factapproach). The results of this research found that divorce between husband and wife has a big impact, especially on child custody rights after parental divorce with an approach from the perspective of Islamic law and the Constitution. Law

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Nadaf, Gani, and Anisa Shaikh. "Comparative Analysis of Muslim Talaq Laws." Journal of Advances and Scholarly Researches in Allied Education 22, no. 2 (2025): 71–85. https://doi.org/10.29070/qvymyh49.

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Muslim divorce (Talaq) has been debated and reformed worldwide. The purpose of this article is to examine the historical, cultural, & legal foundations of Muslim talaq laws from various nations and to draw comparisons between them. It delves into the various types of talaq, whether or not they are recognised legally, and the modern difficulties that Muslim women encounter. The husband might face up to three years in prison for issuing an instant triple talaq (talaq-e-biddat) through any means of communication, including verbal, written, or electronic means such as email or text message. Th

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Alawaisheh, Ahmad Youseef Tumah, and Dr Rudina Ibraheem Alrefai. "Violation of the Jordanian Personal Status Law No. 15 of 2019 of the opinion of the Hanafis in the ruling on forced divorce, pursuant to Sharia policy." Journal of Social Sciences (COES&RJ-JSS) 10, no. 3 (2021): 317–30. http://dx.doi.org/10.25255/jss.2021.10.3.317.330.

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Families in general are subjected to many external influences and pressures especially the husband, who is usually under threats and compulsion, to forcibly divorce his wife. This divorce might occur for the sake of greed of her money, beauty, or settle down some personal issues through inflicting punishment or peeve her husband. The present study aims at defining forced divorce and clarify the scholars’ opinions of forced divorce along with clarifying the most likely opinion and the opinion adopted by the Jordanian Personal Status Law No. 15 of 2019 by answering the following question: What i

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Siregar, Nurlaini Milo, Muhammad Syukri Albani, and Imam Yazid. "The Rights of an Apostate Wife Whom Her Husband Divorces Based on The Judgment of Islamic Religious Judges." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 10, no. 1 (2024): 11. http://dx.doi.org/10.29300/mzn.v10i1.2940.

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This study delves into the analysis of the rights of apostate wives divorced by their husbands, with a specific focus on the decision rendered by the Klaten Religious Court with case number 0082/Pdt.G/2022/PA. Klt. The research aims to address existing gaps in Marriage Law No. 1 of 1974, as amended by Law No. 16 of 2019, and the compilation of Islamic law, particularly regarding the need for detailed regulations on the legal consequences following post-divorce due to apostasy (riddah). Employing a normative juridical methodology through literature research, the study adopts a comparative appro

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Patimah, Dewi, Hermanto Harun, and D. I. Ansusa Putra. "Praktik Perceraian di bawah Tangan Masyarakat Desa Palipan Kecamatan Sungai Manau Kabupaten Merangin Ditinjau dari Undang-undang Perkawinan No. 1 Tahun 1974." NALAR FIQH: Jurnal Hukum Islam 13, no. 2 (2022): 89–105. http://dx.doi.org/10.30631/nf.v13i2.1433.

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This paper aims to determine the practice of divorce among the Palipan village community, Sungai Manau District, Merangin Regency, and also to find out how unregistered divorce according to Marriage Law No. 1 of 1974. This type of research is field research, namely research conducted directly to the field in order to obtain complete and valid data. Data collection techniques are interviews and documentation. The research methodology used is a qualitative research methodology and the approach that the authors use in this study uses a normative and comparative approach. Data collection in this s

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Roszi, Jurna Petri, Hamda Sulfinadia, Eli Suryani, Elkhairati Elkhairati, and Zidni ‘Ilman Nafi’an. "DINAMIKA KHULUK PERSPEKTIF FIQH DAN PUTUSAN PENGADILAN AGAMA." Jurnal AL-AHKAM 13, no. 1 (2022): 107–18. http://dx.doi.org/10.15548/alahkam.v13i1.4438.

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This paper discusses the dynamics of khuluk according to fiqh and its implementation in the Religious Courts. Khuluk according to fiqh is a divorce pronounced by a husband with an agreement to pay / iwadh from his wife to her husband due to fears that the wife is unable to carry out the laws of Allah SWT. These concerns can be in the form of the wife not being able to love her husband or the inability of the wife to carry out her obligations as a wife. Meanwhile, khuluk in the Religious Courts is a divorce lawsuit filed by the wife or her legal representative because the husband violates Artic

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Bondareva, Кateryna. "Current Issues on the International Family Law." International Relations: Theory and Practical Aspects, no. 2 (June 11, 2018): 148–59. https://doi.org/10.31866/2616-745x.2.2018.133344.

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The current problems of the international family law are identified and analyzed with the help of common logical methods such as analysis, synthesis, abstraction and generalization, as well as a comparative method that provides an opportunity to analyze, clarify, define and explicate the main issues on international family law. As a result of the study, it is determined that in each state legal norms, having their long historical and religious roots, the existence of customs and traditions reflecting the each nation and a certain community specifics, are the very circumstance preventing the un

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Tarikanov, D. V. "Recognition of foreign decrees of divorce in the German legal system." Moscow Journal of International Law, no. 1 (April 29, 2023): 86–94. http://dx.doi.org/10.24833/0869-0049-2023-1-86-94.

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INTRODUCTION. The object of the research consists in the specific procedure of the recognition of foreign decrees of divorce which exists in the German law. The actuality of the object of the research is confirmed by keeping of this procedure during many decades, as well as nowadays, in regard of the recent reform of the law of the European Union about the mutual recognition of decisions in matrimonial matters.MATERIALS AND METHODS. The article is based on the Act of the Federal Republic of Germany of 2009 on Proceedings in Family Matters and on the Family Law Reform Act of the Federal Republi

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Ditasya Aulia Putri and Natasya Yunita Sugiastuti. "PEMBAGIAN HARTA BERSAMA PASCA PERCERAIAN PASANGAN BERBEDA KEWARGANEGARAAN: PERBANDINGAN HUKUM INDONESIA DAN BELANDA." Reformasi Hukum Trisakti 5, no. 4 (2023): 1387–98. http://dx.doi.org/10.25105/refor.v5i4.18640.

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This study examines the separation of marital property after divorce between mixed married couples. It compares Indonesian and Dutch laws on the division of matrimonial property upon divorce, focusing the case of Henk Willem van Der Spil (a Dutch citizen) and Dyah Supriyantini (an Indonesian citizen). The study shows how the two legal systems are alike and different The research type is normative and descriptive, utilizing secondary data, qualitative analysis, and a comparative legal approach with deductive conclusions. The findings display similarities: 1) Research considers the division of s

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Zongqi, Li. "Inadequacies and Improvements in China’s Divorce Cooling-Off Period System." Economics, Law and Policy 7, no. 2 (2024): p31. http://dx.doi.org/10.22158/elp.v7n2p31.

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As a new system, the divorce cooling-off period system aims to curb hasty divorce. Divorce and impulsive divorce, reduce the divorce rate in our country, maintain the divorce rate, and maintain a certain degree of stability in marital relationships. Article 1077 of the Chinese Civil Code stipulates that the divorce cooling-off period system is an indisputable fact and has been incorporated into law. By using qualitative research methods and theoretical research methods to explain its meaning and background, it briefly introduces the development process of the divorce cooling-off period in our

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Roziqin, Opik, and Ah Fathonih. "The Evolution of Marriage and Inheritance Law in Brunei Darussalam: A Comparative and Historical Study." Indonesian Journal of Advanced Research 3, no. 11 (2024): 1675–88. https://doi.org/10.55927/ijar.v3i11.12117.

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This study examines the dynamics and comparisons of Islamic family law in Brunei Darussalam and Indonesia, particularly in terms of codification, regulation, and the adaptation of Shariah principles. Using a qualitative descriptive-analytical method, this research explores the differences between the two countries in marriage registration, divorce rights, guardianship obligations, and the role of mediation in divorce cases. The findings indicate that Brunei applies a centralized Islamic family law system under royal control, while Indonesia adopts a pluralist system that accommodates customary

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Jeng, Wei-Shiuan, and Patrick C. McKenry. "A Comparative Study of Divorce in Three Chinese Societies." Journal of Divorce & Remarriage 34, no. 1-2 (2001): 143–61. http://dx.doi.org/10.1300/j087v34n01_09.

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Zahrotun Nisa, Isma, and Masrokhin. "Komparasi iwadh khulu perspektif Madzhab Syafi'i dan KHI." JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA 1, no. 4 (2023): 19–31. http://dx.doi.org/10.59024/jipa.v1i4.308.

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The aim of this research is to make a comparison of compensation law (‘iwadh) in khulû’ (talak law) from the perspective of the Syafi'i School and the Islamic Law Commission (KHI). Khulû' is a form of divorce in which the wife can ask for a divorce by giving compensation to the husband. In the Syafi'i Madzhab, the rules regarding 'iwadh and khulû' are taken from the interpretation of the Al-Quran and Hadith, while KHI is a collection of laws that apply in certain countries. This study uses a comparative analysis method between the two sources of law. The results of the study show that there ar

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Nathaya Wibowo, Sarah, and Flora Dianti. "Comparative Legal Determination of Post-Divorce Child Custody in Indonesia and Singapore." Asian Journal of Engineering, Social and Health 3, no. 12 (2024): 2856–68. https://doi.org/10.46799/ajesh.v3i12.484.

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Divorce brings significant legal consequences, one of which is the dispute over child custody, requiring clear and detailed regulations to prioritize the welfare and best interests of children. This study examines the comparison of child custody provisions after divorce under Indonesian and Singaporean Family Law, focusing on identifying gaps and potential improvements for Indonesia. Every individual aspires to build a harmonious family, but marital conflicts can lead to divorce, affecting children and creating new legal challenges. This research uses a qualitative method, analyzing legal docu

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Chungang, Miao. "A Study on the Reasonableness of Housework Compensation from a Comparative Law Perspective." Journal of Global Research in Education and Social Science 18, no. 4 (2024): 6–10. http://dx.doi.org/10.56557/jogress/2024/v18i48809.

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Traditional family relationships in law are characterized by patriarchy, where women's housework is a natural division of labor. In contemporary society, both China and Western countries emphasize the reasonableness of housework compensation from theoretical and institutional perspectives. From a comparative law perspective, China's housework compensation system, based on recognizing the value of housework, was officially established after several amendments to the Marriage Law. This legislative evolution is intertwined with changes in legal approaches to resolving marital disputes. The recogn

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Muhammadong, Khaerunnisa2 Sitti Muthmainnah3 Nurhilaliyah4. "Comparative Study of Egyptian and Pakistani Family Law." SSAR Journal of Multidisciplinary Studies (SSARJMS), ISSN: 3049-2041(Online). 2, 2025, no. 3 (May-Jun) 5025 (2025): 77–82. https://doi.org/10.5281/zenodo.15577749.

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<strong>Abstract:</strong><strong> </strong>This study explores a comparative analysis of family law in Egypt and Pakistan, focusing on marriage, divorce, child custody, and inheritance. Both countries apply Islamic law as the foundation of their legal systems, yet they exhibit significant differences due to historical, cultural, and legal developments. Egypt emphasizes codification and centralized legal reform, while Pakistan integrates Islamic jurisprudence with colonial legal influences. By examining statutory provisions and judicial practices, this research highlights the unique approaches

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Haeratun, Haeratun. "Riddah and Its Legal Effects According to the Perspective of Islamic Law and Law No. 1 Year 1974 to Law No. 16 of 2019 Concerning Marriage." Formosa Journal of Multidisciplinary Research 4, no. 5 (2025): 2245–56. https://doi.org/10.55927/fjmr.v4i5.215.

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This study examines the legal implications of apostasy (riddah) in the context of Islamic law and Indonesian positive law, particularly focusing on Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 concerning Marriage. Apostasy is a sensitive issue that impacts not only personal faith but also the legal validity of marital relationships and the legitimacy of offspring within the Islamic legal framework. Through a normative legal research method employing a statutory, conceptual, and comparative approach, this paper reveals that apostasy leads to the automatic dissolution (fasakh) of mar

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Krishnaleela, S. "Comparative Study of Personal Law in India." Shanlax International Journal of Arts, Science and Humanities 7, no. 4 (2020): 121–27. http://dx.doi.org/10.34293/sijash.v7i4.2374.

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A woman was considered less than a full human, an object to be transferred by her male guardian. Though the turn in rights and behavior hasn’t quite corrected itself, women, possibly in a better place today than ever before -women are uniformly discriminated in India concerning all religions. Poly gamy forms a key basis for discrimination among Muslim women. In Christians, a wife can claim separation only on the adultery of the husband and his change of profession of Christianity to some other religion and marrying other women -There are different inheritance rules among the male and female Hi

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Siddique, Hafiz. "Consent of Husband for Khul‘ in Islamic Law and Pakistani Legal System: A Comparative Study with Specific Reference to Case Law." Al Basirah 11, no. 2 (2023): 1–14. http://dx.doi.org/10.52015/albasirah.v11i2.157.

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The issue of the husband’s consent for khul‘ is debatable among classical and contemporary Muslim jurists. The judiciary of Pakistan has played its role to decide the controversy between husband and wife in the cases of khul‘. It is evident in Islamic law that a husband can dissolves the marriage and divorce his wife by denoting the word talaq. There is no need for justification of divorce from the husband neither in Islamic law nor the Pakistani legal system. But the female initiative divorce is debatable and depends on the consent of the husband to some Muslim jurists while others oppose thi

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Musthafa, Alwi, Siti Salma, Anisa Syawaliana, and Anwar Hafidzi. "Perbandingan Konsep Khulu' dalam Hukum Islam dan Hukum Pernikahan di Indonesia." Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory 2, no. 2 (2024): 1132–43. http://dx.doi.org/10.62976/ijijel.v2i2.545.

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Abstract Marriage is one of the main aspects of social life. However, marriage is not always smooth and can end in divorce. In Islam, one type of divorce that a wife can carry out is khulu', which means the wife voluntarily redeems herself from the marriage by paying iwad to her husband. On the other hand, marriage law in Indonesia regulates several types of divorce such as talak and divorce. This research aims to compare the concept of khulu' in Islamic law with the concept of divorce in marriage law in Indonesia. This research uses a qualitative research method with a comparative approach. R

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Tang, Peng. "A Comparative Study of the Divorce Systems of the Tang Dynasty and Japan at the same Era." Journal of Education and Educational Research 9, no. 3 (2024): 56–60. http://dx.doi.org/10.54097/jjvdda90.

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The system of divorce, which is a very important part of the marriage system, also formed a complete system and developed to its peak in the feudal era of the Tang Dynasty. In the process of economic, cultural and political exchanges between the Tang Dynasty and other countries, the divorce system of the late Asuka Period, the Nara Period and the early Heian Period in Japan, which corresponded to the Tang Dynasty, had a certain influence. This paper mainly combines the historical material "Tang Laws and Regulations" and Japanese "Pension Laws", "Household Marriage Laws" and other laws to carry

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