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Journal articles on the topic 'Divorce Grounds'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Tagaeva, Sanavbar N. "ON THE RECOGNITION OF PRIVATE DIVORCES IN PRIVATE INTERNATIONAL LAW." Public international and private international law 1 (January 21, 2021): 25–28. http://dx.doi.org/10.18572/1812-3910-2021-1-25-28.

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The article considers the legal nature of private divorce, the trends of legal regulation of its recognition as a legal fact. Different approaches to understanding the essence of private divorce are considered, its signs are revealed. The grounds for refusal of recognition of private divorces in different countries are analyzed. It is pointed out that if the private divorce is registered in the state bodies of third countries, in which such procedure of dissolution of marriage is regulated by law, there are no grounds for its non-recognition.

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2

Mukono, Macharia. "Divorce Law in Kenya: In Support of a Uniform No-Fault Regime." Strathmore Law Review 7, no. 1 (2022): 161–83. http://dx.doi.org/10.52907/slr.v7i1.195.

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In 2014, Kenya enacted the Marriage Act to amend and consolidate various laws on marriage and divorce. Among the amendments introduced was the irretrievable breakdown ground of divorce alongside more traditional fault-based grounds. The court in CWL v HN noted that the introduction of this ground had effectively done away with the need for petitioners to provide evidence of matrimonial fault in divorce proceedings. Despite this, the Act still maintains traditional fault grounds for divorce not only as independent grounds but also as factors to be considered when determining whether a marriage

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3

Kumar Yadav, Raj, Madhu Bala, Priyanka Chaudhary, et al. "Social bearing of laws and their implementation with reference to irretrievable breakdown of marriage: A comparative study of laws in India and Asian countries." F1000Research 12 (August 1, 2023): 921. http://dx.doi.org/10.12688/f1000research.133515.1.

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This research study explores the scope of introducing ‘irretrievable breakdown’ as a ground for divorce. Many developed countries have successfully introduced this ground and even removed the time limit with the passage of time for seeking a unilateral divorce. Some societies insist that if this ground is introduced, the number of divorces will increase, but it is not so. In India, a more than 10-years separation may be adopted as grounds for divorce to resolve this concern. This time period may be decreased if neither spouse has a child. The court can decide whether the marriage is ended. Thi

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4

Nössing, Elisabeth. "Divorce on grounds of discord: Did the Moroccan family law reform bring the guarantee of divorce for women? An ethnographic perspective on the changing landscape of divorce. The Mudawwana a decade on." Asiatische Studien - Études Asiatiques 74, no. 1 (2020): 35–65. http://dx.doi.org/10.1515/asia-2019-0025.

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AbstractThis article discusses the new divorce on grounds of discord procedure (taṭlīq li-š-šiqāq) within the context of the Moroccan family law reform of 2004. Literature available in English and French has, so far, focused primarily on the improvements the Moroccan family law reform has brought in regard to women’s rights. The reform is considered one of the most progressive legislative projects in the MENA region and a milestone for gender equality, notably the reform of divorce law. Divorce on grounds of discord was seen as the long-awaited divorce guarantee for women. However, legal schol

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5

Kusmardani, Alex. "The Dynamics of Divorce in Indonesian Muslim Families." Daengku: Journal of Humanities and Social Sciences Innovation 4, no. 5 (2024): 739–52. http://dx.doi.org/10.35877/454ri.daengku2756.

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The development of divorce cases from year to year is very dynamic. Divorce occurs not only because of problems in the family but also because divorce is attached to the husband and wife, who are left behind due to death. Likewise, the judge's decision can affect the determination of divorce status. If the judge is unwilling or does not decide on the divorce, the marriage is not declared divorced. Therefore, divorce is defined as the breakup of the marital relationship with the judge's decision or the request of one of the parties. This article aims to find out the dynamics of divorce developm

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6

Pomianowski, Piotr. "Z problematyki rozwodów w Księstwie Warszawskim." Czasopismo Prawno-Historyczne 65, no. 2 (2018): 103–21. http://dx.doi.org/10.14746/cph.2013.65.2.04.

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This paper looks at civil divorce introduced in the Duchy of Warsaw by the provisions of the Napoleonic Code. It was initially believed that the number of civil divorces in the Duchy never exceeded ten and that the Napoleonic Code divorce regulations remained a dead letter of the law. However, a recent study of the remaining sources, including judicial fi les and marriage registers has shown that the scale of civil divorces was signifi cantly larger, with at least nearly a hundred cases recognised by civil tribunals of the Duchy of Warsaw between 1808 and 1812. Most of the divorce decrees were

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7

Ingesman, Per. "“Vom Ehebruch und weglauffen”." Dansk Teologisk Tidsskrift 84, no. 1 (2021): 3–24. http://dx.doi.org/10.7146/dtt.v84i1.128068.

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Abstract: In 1539, Johann Bugenhagen wrote a book, Vom Ehebruch und weglauffen (“On adultery and desertion”), to advice King Christian III on the handling of marital cases. Based on Scripture, divorce is allowable only if a spouse commits adultery or runs away secretly. The article compares Bugenhagen’s two grounds for divorce with those found in Niels Hemmingsen’s Libellus de coniugio, repudio, et divortio from 1572 and in the Marriage Ordinance of King Frederik II of 1582. It is argued that Hemmingsen in allowing six grounds for divorce, including e.g. violence and impiety, follows Philipp M

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8

Gabru, N. "Dilemma of Muslim women regarding divorce in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 2 (2017): 43. http://dx.doi.org/10.17159/1727-3781/2004/v7i2a2849.

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On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married in terms of the Islamic law only. The reason for this is due to the fact that Muslim marriages are currently not recognised as valid marriages in terms of South African law. The courts have stated that the non-recognition of Islamic marriages is based on the fact that such marriages are potentially polygamous.In South Africa, marriages may be dissolved by the death of one of

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9

Siregar, Lita Mardani. "Analisis Yuridis Perilaku Lesbian dari Seorang Isteri sebagai Alasan Perceraian." Journal of Education, Humaniora and Social Sciences (JEHSS) 2, no. 2 (2019): 382–98. http://dx.doi.org/10.34007/jehss.v2i2.99.

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One of the principles in national marriage law that is in line with religious teachings is to make divorce difficult (divorce), because divorce means the failure of the purpose of marriage to form a happy and eternal family due to human actions. The problem in this reshearch is how is the regulation of the implementation of divorce in the Religious Court, what is the effect of the divorce law on the grounds of lesbian behavior of a wife, how is the consideration of the judge in the Ambon Religious Court decisionNumber 110 / Pdt.G / 2016 / PA Ab. As a result of divorce law on the grounds that t

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10

Lofquist, William S. "Scholars vs. publishers: Grounds for divorce?" Book Research Quarterly 4, no. 4 (1988): 52–56. http://dx.doi.org/10.1007/bf02683772.

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11

Radchenko, L. "LEGAL REGULATION OF DIVORCE: HISTORICAL DEVELOPMENT AND MODERN PRINCIPLES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 118 (2021): 116–22. http://dx.doi.org/10.17721/1728-2195/2021/3.118-21.

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The article is devoted to the study of the genesis of legal regulation of the order, conditions and consequences of divorce in its historical aspect, as well as given the current principles of family relations in EU law and foreign law, highlighting the latest trends in divorce relations and outlining the laws of their further consolidation in the family law of Ukraine, formulation of conclusions and proposals aimed at harmonization of national legislation with EU law. The divorce procedure, its conditions and legal consequences are regulated by the legislation of different states in different

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12

Nagy, Péter. "The Hierarchy of the Grounds for Divorce in Transylvanian Reformed Marriage Law in the Second Half of the 19th Century." DÍKÉ 6, no. 1 (2022): 91–103. http://dx.doi.org/10.15170/dike.2022.06.01.06.

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This study aims to analyse the hierarchy of the grounds for divorce in Transylvanian reformed marriage law. It focuses not only on Peter Bod's Marriage Law, but also analyses in detail the practice of marriage courts of Transylvanian Reformed Church. This paper will attempt to determine the reasons and aspects that led to the development of the order of divorce and to present the system of grounds for divorce. It study the practice at the end of the 19th century.

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13

Dyana, Burhanatut, and Devi Eka Diantika. "WOMEN IN THE FULFILLMENT OF FAMILY LIVING MUBADALAH’S PERSPECTIVE." Profetika: Jurnal Studi Islam 24, no. 01 (2023): 46–56. http://dx.doi.org/10.23917/profetika.v24i01.1313.

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Divorce is a popular trend today. Every year, Indonesia has more divorces, and economic reasons are the main contributing cause. The rise of divorce has made Indonesia an emergency maslahat family. This research method is library research by making mubadalah as the primary source. According to mubadalah, the concepts of away and mu'asyarah bil ma'ruf transform the duty of life into a dual duty and responsibility. The duty to support oneself is based on one's qualities and capacities, not on one's gender, and in today's world, women have the same opportunities as men. It is hoped that divorce o

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14

Pearlston, Karen. "Avoiding the Vulva: Judicial Interpretations of Lesbian Sex Under the Divorce Act, 1968." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 32, no. 01 (2017): 37–53. http://dx.doi.org/10.1017/cls.2017.4.

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Abstract The Divorce Act, 1968, provided no-fault divorce for the first time. It also included a list of fault-based grounds for divorce. In addition to the traditional grounds, a spouse whose wife or husband had “engaged in a homosexual act” during the marriage could petition for divorce. This novel provision was aimed at giving husbands a way to divorce their lesbian wives. A close reading of the resulting jurisprudence and surrounding context shows not only that courts struggled to define the homosexual act between women, but also that the legal history of lesbian women differs from that of

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15

Nichols, J. Randall. "Rethinking some Aspects of Ministry to the Divorced: A Theological Retake." Journal of Pastoral Care 42, no. 2 (1988): 101–15. http://dx.doi.org/10.1177/002234098804200202.

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Critically examines the notion of the “friendly divorce” and finds it severely inadequate on personal, biblical, and theological grounds. Contrasts “friendly divorce” with “divorce with freedom” and observes that the idea of shalom is a suitable description for the healthy divorce. Argues for the abandonment of friendly divorce and urges the church and divorcing persons to aim instead for civility and peace-making in which authentic reconciliation can take place.

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16

Parisot, Viktoria. "Performing the Bad Marriage? The Transition from a Troubled to a Troubling Family in the Course of Fault Divorce in the 21st Century." Social Sciences 10, no. 12 (2021): 464. http://dx.doi.org/10.3390/socsci10120464.

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Austrian family law stands out in Europe because, in Austria, fault-based divorce is still legally valid. In these divorces, the suing partner attempts to prove in court that the other partner is at fault for the breakdown of the marriage. Thus, proving in court that a relationship is deficient in order to obtain a divorce is a common family transition practice in Austria. In this contribution, I seek to identify the practices that are associated with fault divorce proceedings and look at how these practices are related to normative and legal ideas of marriage. Based on a qualitative multiple

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17

Uzodike, E. N. U. "Judicial Concepts of Adultery, Intolerability and Damages in Nigeria." Journal of African Law 34, no. 2 (1990): 93–103. http://dx.doi.org/10.1017/s002185530000824x.

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Adultery is one of the cardinal sins in the Ten Commandments and, despite the modern apparently relaxed attitude towards sexual intercourse, it has remained one of the main reasons for marriage breakdowns. Its seriousness as a matrimonial offence is clearly reflected in the fact that originally it was the only permitted ground for divorce under English Law. Of particular gravity was adultery by a wife which was described as being unforgivable by a husband, for while a husband could divorce his wife on the sole basis of her adultery, a wife had to prove other material facts in addition to her h

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18

Jasmaniar, Jasmaniar, and Sutiawati Sutiawati. "DOMESTIC VIOLENCE AS A CAUSE FOR DIVORCE: ARE THERE EFFORTS FOR MEDIATION?" Al-Bayyinah 4, no. 2 (2020): 196–211. http://dx.doi.org/10.35673/al-bayyinah.v4i2.835.

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AbstractMediation as an alternative to dispute resolution has been integrated in court. Further provisions for mediation as a process that must be carried out are further regulated in the Supreme Court Regulation No. 1 of 2016 concerning mediation procedures in court. This means that cases filed in court including cases of divorce on the grounds of domestic violence are obliged to undergo mediation. This research is a normative legal research that focuses on solving legal problems by providing a basis for theoretical argumentation and adequate concepts. Sources of data in this study came from

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19

Waiswa, Ekemiya, Asika Winnie, Tuhaire Denis, et al. "Examining the Law Governing Divorce and Sharing of Property in Uganda." IAA JOURNAL OF ART AND HUMANITIES 11, no. 2 (2024): 38–42. http://dx.doi.org/10.59298/iaajah/2024/11.3842.33.

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This article examines the legal framework governing divorce and property distribution in Uganda, revealing that children's rights are often compromised during divorce proceedings. Despite constitutional guarantees ensuring children the right to know and be cared for by their parents, these rights are frequently overlooked. The article advocates for the adoption of a no-fault divorce system, suggesting that the sole ground for divorce should be the irretrievable breakdown of the marriage. This approach would eliminate discriminatory grounds for divorce, focusing instead on the spouses' inabilit

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20

Bernard-Maugiron, Nathalie. "Divorce and Remarriage of Orthodox Copts in Egypt: The 2008 State Council Ruling and the Amendment of the 1938 Personal Status Regulations." Islamic Law and Society 18, no. 3-4 (2011): 356–86. http://dx.doi.org/10.1163/156851910x537829.

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AbstractIn June 2008, the 1938 Personal Status Regulations for the Coptic Orthodox Church in Egypt were amended to limit the grounds for divorce to adultery and change of religion. This revision followed a ruling of the State Council requiring Pope Shenouda III, the head of the Coptic Orthodox Church, to grant a divorced Orthodox Copt a license to remarry. The amendments ended a long-standing conflict between the Egyptian national courts and the Coptic Orthodox Church regarding the effects of judicial divorce: prior to the revision, thousands of couples divorced before the courts were consider

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21

Larantukan, Rafael Suban, and Rosalinda Elsina Latumahina. "Perspektif Hukum Perdata Indonesia dan Hukum Kanonik terhadap Perceraian dalam Komunitas Katolik." Journal Evidence Of Law 4, no. 1 (2025): 82–88. https://doi.org/10.59066/jel.v4i1.1011.

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The objective of this study is to analyze the legal validity of divorce within the Indonesian Civil Law system and Canon Law of the Catholic Church, as well as to identify its legal implications for Catholics in Indonesia. Under Indonesian Civil Law, divorce is considered valid based on specific grounds such as adultery, domestic violence, and continuous disharmony. In contrast, Canon Law of the Catholic Church views marriage as a perpetual sacrament that cannot be dissolved except through an annulment, which requires specific conditions. This study employs a normative juridical approach using

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22

Nguyễn, Phương Ân. "XÁC ĐỊNH CĂN CỨ LY HÔN THEO KHOẢN 1 ĐIỀU 56 CỦA LUẬT HÔN NHÂN VÀ GIA ĐÌNH NĂM 2014". Tạp chí Khoa học Pháp lý Việt Nam, № 6(178) (17 серпня 2024): 23–33. http://dx.doi.org/10.70236/tckhplvn.16.

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The current 2014 Law on Marriage and Family stipulates that the grounds for divorce depend on specific divorce cases. Such law has recognized the two cases of divorce: divorce by mutual consent and divorce at the request of one spouse. In this article, the authors will analyze and identify details that are serving as the basis for divorce settlement according to paragraph 1 Article 56 of the 2014 Law on Marriage and Family. In addition, the author points out problems in practical application and offers some recommendations to improve the law on that issue.

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23

FlNLAY, H. A. "THE GROUNDS FOR DIVORCE: THE AUSTRALIAN EXPERIENCE." Oxford Journal of Legal Studies 6, no. 3 (1986): 368–91. http://dx.doi.org/10.1093/ojls/6.3.368.

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24

Burch, Sally L. "Grounds for Divorce in Amadas et Ydoine." Nottingham Medieval Studies 50 (January 2006): 43–58. http://dx.doi.org/10.1484/j.nms.3.393.

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25

Plopa, Mieczysław, Wojciech Plopa, and Anna Skuzińska. "Grounds for Divorce: The Dynamics of Marriage Satisfaction as a Predictor of Divorce." Advances in Cognitive Psychology 19, no. 3 (2023): 283–96. http://dx.doi.org/10.5709/acp-0399-7.

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26

Haskey, John C. "Grounds for divorce in England and Wales—a social and demographic analysis." Journal of Biosocial Science 18, no. 2 (1986): 127–53. http://dx.doi.org/10.1017/s0021932000016084.

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SummaryThis paper examines the social and demographic features of divorcing couples by the grounds on which their decrees are made absolute and by the party granted the divorce. The demographic characteristics include ages at marriage and at divorce of husbands and of wives granted decrees, duration of marriage, number of children, and the social class of both the husband and the wife. The data are also analysed for particular categories of couples: those in which the wife is a housewife, couples where the husband is unemployed, couples who have a child which was pre-maritally conceived, and c

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27

Libson, Ayelet Hoffmann. "Grounds for Divorce as Values in Rabbinic Law." Oxford Journal of Law and Religion 5, no. 3 (2016): 510–31. http://dx.doi.org/10.1093/ojlr/rww049.

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28

Libson, Ayelet Hoffmann. "Grounds for Divorce as Values in Rabbinic Law." Oxford Journal of Law and Religion 6, no. 1 (2016): 224. http://dx.doi.org/10.1093/ojlr/rww065.

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29

Abolhassni, Aida, Taghi Pourebrahim, and Abolghasem Khoshkonesh. "The Investigation and Comparison of Experience of Divorce in Divorced Men and Women (Meanings, Contexts, Outcomes, and Adjustment after Divorce)." International Journal of Social Science Studies 5, no. 12 (2017): 32. http://dx.doi.org/10.11114/ijsss.v5i12.2774.

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The aim of this qualitative study is to investigate the experience of divorced in men and women with respect to implications, backgrounds, consequences and compatibility of divorce and compares their experiences in this regard. To this end, the phenomenology method of qualitative research has been adopted in this study. 25 persons (13 females and 12 males) were selected using purposive sampling based on standard sampling strategy until data saturation was achieved. Semi-structured interviews were used to collect data. To analyze the data derived from phenomenological interviews, thematic analy

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van Huis, Stijn Cornelis. "Khul‘ over the longue durée: the decline of traditional fiqh-based divorce mechanisms in Indonesian legal practice." Islamic Law and Society 26, no. 1-2 (2019): 58–82. http://dx.doi.org/10.1163/15685195-00254a05.

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AbstractIn this essay, I describe the historical development of three traditional fiqh-based divorce mechanisms in Indonesia that commonly result in a khul‘ divorce: regular khul‘ (khuluk), conditional divorce (taklik talak), and marital discord (syiqaq). In the practice of present-day Islamic courts these traditional fiqh-based divorce mechanisms have lost almost all of their former prominence. Through a historical analysis of legal practices of female-initiated divorce, I will explain how this happened. Legal reforms under the 1974 Marriage Law, their adoption into the 1991 Compilation of Is

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McNamee, Catherine B., and Lisa Smyth. "The Different Roles of Parents and Friends: Support for Divorce and Repartnering Following Martial Dissolution among Latina and White Women." Sociological Perspectives 62, no. 2 (2018): 186–99. http://dx.doi.org/10.1177/0731121418801807.

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What role do significant others play in orientations to repartnering following divorce? Situated within critical role theory, and focusing on 23 white and Latina divorcees from Texas (the United States), this paper examines orientations toward repartnering in the light of distinct friend and parent expectations. While friends were sources of sympathy and affirmation, parents were more interventionist, indicating moral expectations. Parents either encouraged repartnering as the route to a happy future, or discouraged it on grounds that first marriage creates sacred, unbreakable bonds. The forme

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Maina, Mercy, and Joshua Nathan. "The Question of Divorce Based on Matthew 19:1-12: Did Jesus legalize divorce on grounds for sexual immorality?" Journal of Sociology, Psychology and Religious 1, no. 1 (2021): 40–57. http://dx.doi.org/10.70619/vol1iss1pp40-57.

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The paper was guided by the question of divorce based on Matthew 19:1-12, on whether Jesus legalized divorce on grounds for sexual immorality. After evaluating the Jewish setting, historical and geographical background, and the immediate context of Matthew 19:1-12 suggests that by the exception clause ("except for porneia") Jesus permitted divorce only in the case of an unlawful marriage to a near relative and betrothal period. By means of the porneia exception, Jesus did not intend to impose the Levitical norms for legitimate marriage, but simply to declare that when such norms were violated,

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33

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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Liaboe, Gary P. "The Place of Wife Battering in considering Divorce." Journal of Psychology and Theology 13, no. 2 (1985): 129–38. http://dx.doi.org/10.1177/009164718501300205.

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Legitimacy of divorce on the grounds of wife battering was evaluated. An examination of interpersonal elements necessary for full marital intimacy was considered and the degree to which they must be violated for divorce to be an acceptable option is discussed. Divorce is viewed in the context of Matthew's exception clause of 19:9, and a consideration of battering as part of a definition of porneia was conducted. With adultery viewed as the most accepted reason for allowing divorce, the interpersonal violations by adultery and battering were compared. It is proposed that if battering can be fou

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Frederick, Edward T. Fabella. "The influence of romantic dominance on attitudes toward divorce of selected college students in the Philippines." World Journal of Advanced Research and Reviews 18, no. 1 (2023): 309–31. https://doi.org/10.5281/zenodo.8167480.

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In 2022, Philippine Senator Robin Padilla filed a bill to legalize divorce in the country. The bill lists 11 grounds for the filing of divorce in court. The objective of this study was to explore the degree of acceptability of these proposed divorce grounds from the viewpoint of selected college students. Based on the bill, the Philippine Divorce Attitude Questionnaire (PDAQ), a researcher-made, 5-point Likert scale questionnaire was created. In addition, the Dominance Scale was used to determine the respondents’ attitudes toward dominating a romantic relationship. Furthermore, the study

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Burhanusyihab, Agung, and KM Al Fathur Ikhsan. "Perceraian dan Akibat Hukumnya di Negara Muslim:." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 5, no. 3 (2023): 637–58. http://dx.doi.org/10.47467/as.v5i3.2840.

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Building a joyful and eternal family (home) based on the One Godhead is one of marriage's objectives. The cornerstone of the home's integrity, however, is threatened by issues that arise between the husband and wife when managing the household. There must be specific grounds given to the court in the event of a divorce between the two parties. Divorce has repercussions on many levels, including the influence on children, shared marital property, and guardianship. This study aims to investigate the effects of divorce in each Muslim nation in more detail. This study draws on literature reviews o

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Fahriyanti, Nurmala. "GUGAT CERAI: MEMBEBASKAN PREMPUAN DARI PENDERITAAN." QAWWAM 13, no. 2 (2019): 101–22. http://dx.doi.org/10.20414/qawwam.v13i2.1468.

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In Mataram West Nusa Tenggara, people is lives are regulated on daily basis by religious law, traditional (adat) law and state law. To understand these complex cultural and religious processes as they affect women in particular, I will examine the issue of divorce, also known as sue divorce. This tipe of divorce is socially-sanctioned. I will focus my examination in Mataram, an city of Lombok West Nusa Tenggara. In Lombok society marriage constitutes an important part of the life cycle. Someone is not considered an adult until marriage. Marriage is not only united two individual, but also unit

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38

Xia, Jianghao. "Legal Grounds for Divorce in China: Origin and Evolution." China and WTO Review 7, no. 2 (2021): 331–52. http://dx.doi.org/10.14330/cwr.2021.7.2.04.

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Nur, Dwi Utami Hudaya. "SAKSI KELUARGA DALAM PERKARA PERCERAIAN PADA PENGADILAN AGAMA MAROS." Bilancia: Jurnal Studi Ilmu Syariah dan Hukum 14, no. 1 (2020): 163–78. http://dx.doi.org/10.24239/blc.v14i1.599.

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Everyone is considered capable of being a witness, unless the law dictates otherwise. The prohibition of family witnesses to be presented in divorce trials is a prohibition that is devoted to divorce cases for the sake of avoiding the witness's non-objective attitude in giving testimony. The main research problem was How is the effectiveness of the family witnesses prohibition implemented in divorce cases according to Article 172 clause (1) RBg? This study employed empirical normative legal research methods. The results showed that the implementation of the family witnesses prohibition in divo

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40

Holmes, Ann Sumner. "The Double Standard in the English Divorce Laws, 1857–1923." Law & Social Inquiry 20, no. 02 (1995): 601–20. http://dx.doi.org/10.1111/j.1747-4469.1995.tb01071.x.

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The Divorce and Matrimonial Causes Act of 1857 included a double standard in its provisions. While a wife's adultery was sufficient cause to end a marriage, a woman could divorce her husband only if his adultery had been compounded by another matrimonial offense. The Matrimonial Causes Act of 1923 granted a wife the right to divorce her husband for adultery alone and thus removed the double standard with respect to the grounds for divorce from English statutes. Although the 1923 act was contemporaneous with other reforms extending the legal rights of women, an analysis of the public debates re

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Lawang, Karimuddin Abdullah, Rika Sasralina, Darwin Sagala, J Jalaluddin, and Titin Samsudin. "Woman representative in Divorce: An analysis form Syafi’iyyah Fiqh." Athena: Journal of Social, Culture and Society 1, no. 2 (2023): 43–49. http://dx.doi.org/10.58905/athena.v1i2.31.

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The divorce phenomenon that occurs in society is a husband who assigns his wife the authority to file for divorce, giving up his right to file for divorce himself. Moving past these issues, the author is interested in learning more about the legality of a divorce from a husband to his wife based on the legal foundation of fiqh al-syafi’iyyah. The writers’ method of inquiry is descriptive qualitative research with a normative perspective. The study’s findings indicated that the legality of divorce on a wife according to fiqh scholars al-syafi’īyyah is valid and the fall of divorce is because th

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Tambunan, Yusna Elfrida Br, Octa Vioni Pinem, Joshua Hery Cristian Gultom, Vanessa Uli Sembiring, and Parlauangan G. Siahaan. "Analysis of Court Decisions in Divorce Lawsuits which were Rejected Due to Failure to Fulfill the Dispute Proof Requirements: Case Study of the Binjai District Court." QISTINA: Jurnal Multidisiplin Indonesia 3, no. 2 (2024): 1401–6. https://doi.org/10.57235/qistina.v3i2.4175.

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The desired divorce or divorce status can be achieved if it is carried out in accordance with existing procedures. Such as, the conditions on how a relationship is allowed to divorce, the reasons put forward are valid or not, the procedures followed are appropriate or not, this is very important to pay attention to. The author will analyze the Court Decision in a divorce lawsuit which was rejected because the evidentiary requirements were not fulfilled. dispute: case study of the Binjai District Court. The method used in this research uses qualitative research methods, namely case studies with

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Bainham, Andrew. "Divorce and the Lord Chancellor: Looking to the Future or Getting Back to Basics?" Cambridge Law Journal 53, no. 2 (1994): 253–62. http://dx.doi.org/10.1017/s0008197300099025.

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The Government is keen to get “back to basics” about divorce. The Green Paper which the Lord Chancellor presented to Parliament in December 1993 invites us all to reflect on family values and is intended to provoke a “thorough national consideration” of the whole basis for divorce. It follows proposals by the Law Commission but is less than a ringing endorsement of the Commission's scheme. The Law Commission has advocated a shift from the current “mixed” system (embracing fault and no-fault grounds) to an entirely no-fault basis for divorce. Under these proposals divorce would be regarded as a

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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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Saputra, Maulana Adi, Silvia Widyawati, Razi Ardiyanto, Novia Pitriana, and Agil Gilang Ramadhan. "Kompleksitas Perceraian Akibat Murtad: Analisis Peran Pengadilan Agama dalam Konteks Hukum Islam." Journal of Contemporary Law Studies 2, no. 2 (2024): 129–40. http://dx.doi.org/10.47134/lawstudies.v2i2.2239.

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Divorce on grounds of apostasy is a complex research topic within Islamic law. This study explores the legal provisions of apostasy within the context of Islamic marriage law, with a focus on the role of the Religious Courts as dispute resolution institutions. The aim of this research is to investigate whether apostasy can constitute a valid basis for divorce according to the applicable law in the Religious Courts. The research method employed is a normative juridical approach to analyze the legal framework governing divorce cases involving apostasy. The research findings indicate that althoug

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Chuquin-Perugachi, Deysi Anabel, Bethsy Dayamir Flores-Espin, José Ignacio Cruz-Arboleda, and Luís Andrés Crespo-Berti. "El divorcio por la causal de abandono injustificado [Divorce on the grounds of unjustified abandonment]." Verdad y Derecho. Revista Arbitrada de Ciencias Jurídicas y Sociales 3, especial 3 UNIANDES (2024): 410–17. https://doi.org/10.62574/rjbdjr98.

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El divorcio por la causal de abandono injustificado es un fenómeno que refleja la complejidad de las relaciones familiares y su interacción con factores legales, sociales, económicos y culturales. Se tiene por objetivo de investigación analizar el divorcio por la causal de abandono injustificado. Se seleccionaron 19 artículos científicos. El divorcio por la causal de abandono injustificado es un fenómeno multifacético que refleja la interacción de factores legales, sociales, económicos y psicológicos, con importantes implicaciones para las familias y la sociedad. Los estudios analizados coinci

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Kozioł, Agata. "Glosa do postanowienia Sądu Najwyższego z dnia 23 marca 2016 r., sygn. akt: III CZP 112/15." Problemy Prawa Prywatnego Międzynarodowego 26 (June 29, 2020): 209–21. http://dx.doi.org/10.31261/pppm.2020.26.12.

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The role of art. 57 § 1 of Polish Family and Guardianship Code in proceedings concerning international divorce is disputed and gives rise to many questions concerning its nature. The provision, addressed to the Polish courts dealing with divorce cases, obliges the seized court to rule on fault of spouses in the breakdown of marriage. It may then seem to remain unclear if the court shall apply art. 57 § 1 when the law applicable to divorce does not state for fault based grounds for dissolution of marriage, while the legal order applicable to maintenance obligation between former spouses require

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Huda, Miftakhul, Niska Shofia, Ending Solehudin, Opik Rozikin, and Hisam Ahyani. "Development of Progressive Islamic Law in Indonesia Regarding �Apostasy� as Grounds for Divorce: Insights from Maqasid Sharia." Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam 6, no. 1 (2024): 73. http://dx.doi.org/10.30659/jua.v6i1.36754.

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The development of Islamic law in Indonesia, particularly concerning apostasy as a cause of divorce, is significant in the evolution of Islamic law. The complexity of Indonesia's social and legal system poses challenges in integrating Islamic values with societal diversity. This research aims to understand the development of Islamic law in Indonesia regarding apostasy issues through the analysis of maqasid sharia. Using a descriptive-analytical approach, data from various sources are examined to understand the development of Islamic law in Indonesia, focusing on the implications of maqasid sha

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Voorhoeve, Maaike. "Judicial Practice at the Court of First Instance Tunis: The Case of Divorce for Harm on the Grounds of Domestic Violence." HAWWA 10, no. 3 (2012): 151–78. http://dx.doi.org/10.1163/15692086-12341235.

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Abstract Tunisian personal status law is internationally known for its “progressive” character. Nevertheless, it is argued in Tunisian doctrine that judicial practice is characterised by “conservatism,” and that judges apply sharia and “custom” instead of or at least together with legislation. This article examines the practices at the Court of First Instance Tunis in divorce cases where the wife accuses her husband of domestic violence. It is demonstrated that strict evidence requirements applied by judges prevent most women from obtaining divorce for harm (darar), a type of divorce that has

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Ana, Lewi. "Cerai Talak dengan Alasan Virginitas dalam Tinjauan Hukum Islam dan Feminisme." Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum 20, no. 2 (2022): 156–65. http://dx.doi.org/10.32694/qst.v20i2.1713.

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This article is intended to explain the views of Islamic law and feminism on the phenomenon of divorce on the grounds that his wife was not a virgin from the start of her marriage. This research uses a doctrinal legal research approach as well as jurisprudence feminism. Data sources related to doctrinal legal research are in the form of Islamic legal norms contained in the treasures of fiqh, as well as fiqh which has been made into positive law in the form of the Marriage Law and Compilation of Islamic Law. The data source for the feminist jurisprudence approach is in the form of observations

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