To see the other types of publications on this topic, follow the link: Divorce - Law and legislation.
Journal articles on the topic 'Divorce - Law and legislation'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Divorce - Law and legislation.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
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.
Full textAbstract:
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 ways. The regulation of divorce relations is also significantly influenced by national characteristics, traditions, religion and culture. The spread of family relations outside one state necessitates the application of foreign law to regulate such relations. Appropriate conflicts may result from the application of the law of different states regarding the grounds for divorce, the procedure for divorce, as well as the unequal determination of the moment of its dissolution. The article argues that one of the basic principles of Roman private law was the observance of absolute freedom of divorce. However, during the imperial period, and especially with the establishment of Christianity, restrictions were imposed on divorce. The approach to significant restrictions and even prohibitions on divorce has long been observed in the law of European states. Under the influence of the Catholic Church and Christian morality, the recipient law did not allow divorce at all or established restrictions and valid grounds for divorce. Divorce was allowed only as an exception, in the presence of significant circumstances, subject to complicated procedures. Since the second half of the twentieth century, divorce laws have been reformed in many countries, tending to abandon the idea that divorce is a sanction for marital misconduct and moving to the concept that divorce is a statement of a failed marriage. As a result of the reforms, divorces have become more liberalized. The article concludes that the general conflict principle of divorce is the law of citizenship of a spouse or husband (most countries of continental Europe) or the law of the place of residence of the spouses (England, USA and a number of other countries). However, Regulation 1259/2010 provides, in essence, innovative provisions for the choice of the competent legal order in the event of divorce, which enshrines the possibility for spouses to independently choose the applicable law. Keywords: marriage, marital relations, divorce, termination of marriage, EU law, family law.
2
Malysheva, Nataliia. "Environmental law and natural resource law: if “divorce” is relevante?" Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 334–45. http://dx.doi.org/10.33663/1563-3349-2022-33-334-345.
Full textAbstract:
The article examines the problems of the environmental law structural system. The urgency of this issue has increased signifi cantly due to the repeated attempts of some researchers to justify the need to separate from the environmental law of its natural resource unit and create a new branch of law, along with environmental law, the subject and scope of which will be signifi cantly narrowed. A brief historical digression into the study of the relevant issue in Ukrainian science over the past 60 years was made. The connection between the evolution of legal thought and the development of environmental legislation at diff erent stages is substantiated. The views of modern supporters of such a question are analyzed. Attention is focused on the signifi cant disagreements of researchers in understanding the subject and system of the proposed new branch of law: some of them suggest a separation of utilization, on the one hand, and protection, on the other; others are talking about the allocation in some areas of diff erentiated regulation of relations for the utilization and protection of certain natural resources while leaving in the fi eld of environmental law regulation of integrated environmental relations; from time to time there are other approaches that never completely coincide with each other, even among supporters of the independence of natural resource law. It is emphasized that such inconsistency of researchers’ opinion only delays the process of systematization of environmental legislation, which is long overdue, especially from the standpoint of law enforcement. The relationship between the system of law and the system of legislation is studied in the context of preparation for the systematization of environmental legislation. The conclusion is made about the need to preserve the unity of the branch of law that regulates relations in the system «man - nature». Key words: environmental law; natural resource law; branch of law; system of law; system of legislation; systematization of environmental legislation
3
Sulistiono, Joko, Akhmad Haries, and Maisyarah Rahmi. "The Role Of Non Judge Mediators Providing Guarantee Of Women's Rights Protection In Divorce Cases." Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan 16, no. 4 (June 8, 2022): 1349. http://dx.doi.org/10.35931/aq.v16i4.1059.
Full textAbstract:
<p><em>The mediation process encountered obstacles. The role of non-judge mediators to protect women's rights in divorce cases was needed in the mediation process. This study aims to determine the role of non-judge mediators in providing guarantees for the protection of women's rights in divorce cases at the Samarinda Religious Court and to find out the obstacles to guaranteeing the protection of women's rights that occur in the mediation process in divorce cases at the Religious Courts. This type of research is normative empirical using descriptive qualitative research methods with data collection techniques in the form of observation, interviews, documentation, supported by legislation and legal norms in society. Research Qualitative data analysis techniques, in the process of analysis with data reduction (selection process). The results obtained from this study are that the role of non-judge mediators at the Samarinda Religious Court has provided protection for post-divorce women's rights in cases of talak and divorced divorces with the same rights. Obstacles in the mediation process to protect women's rights after divorce, namely the purpose of the Religious Courts is only to formalize Divorce in state law, the absence of good faith from one party can be caused by not wanting to divorce or not wanting to meet again with other parties, the inability of the parties economically to fulfill women's rights after divorce.</em></p>
4
Brown, Thea, Alison Lundgren, Lisa-Maree Stevens, and Jennifer Boadle. "Shared parenting and parental involvement in children's schooling following separation and divorce." Children Australia 35, no. 1 (2010): 7–13. http://dx.doi.org/10.1017/s1035077200000912.
Full textAbstract:
Although the new family law legislation, the Family Law (Shared Parental Responsibility) Amendment Act of 2006, seeks to implement the notion of ongoing and collaborative parenting of children following parental partnership breakdown, separation and divorce, institutional obstacles still prevent the realisation of this policy. The question then arises: can such a model of separation and divorce be achieved? This question is examined through a discussion of a series of studies undertaken by a Monash University research team investigating parents' involvement in their children's schooling following parental separation and divorce. The research, building on a number of small studies carried out in Western Australia, looked at parents' and teachers' views of schools' ability to relate to separated and divorced parents and the wider difficulty of schools managing this family form.
5
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 (May 10, 2024): 137. http://dx.doi.org/10.29210/020242610.
Full textAbstract:
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 of legal certainty, it is better if legal remedies taken against divorce cases are sufficient to the level of appeal. or just appeal. The Compilation of Islamic Law (KHI) has a strategic position to regulate the provisions of the procedural law, considering that the position of KHI so far has not only played a role in regulating material law, it also regulates formal law against Muslim divorces in Indonesia.
6
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 (December 10, 2018): 1959–63. http://dx.doi.org/10.35120/kij28061959k.
Full textAbstract:
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 social life very deeply. It causes stress and makes the individual unsuccessful and changes his life. Although many couples agree to stay with their partner to death, many marriages will end up divorcing instead of death. Until almost the divorce was considered as the most difficult marriage dysfunction leading to a complete disorganization of the family. Over time, a system of the so-called "binuclear family" has emerged following the divorce, which suggests that divorce is not death for the family. Over time, a system of the so-called "binuclear family" has emerged following the divorce, which suggests that divorce is not death for the family. This paper will analyze the causes of divorce, which are a multidisciplinary challenge and the use of certain reforms that will overcome the problems that arise in practice as well as the need to align our legislation with the general tendencies of other contemporary European legislation, as well as with international documents. The importance of the institution for divorce as a legal form of termination of the marriage, the importance of applying the international principles and practices of this institution of law, the need to amend and supplement the Family Law of the Republic of Macedonia for more specific regulation of divorce, the need to implement innovations in the positive legislation because it is a necessity and need to adjust the positive laws of the Republic of Macedonia towards those of the EU, as well as from the introduction of an institution family mediation. In order to make this paper better and be able to conceptualize the subject of research from different angles, various research methods such as the historical method, the descriptive method, the normative method and the comparative method will be used. The methods that will be used for this paper will be applied appropriately and will have a scientific and research character. This research will also have an empirical part by which, by analyzing the statistical results of different institutions, which, as a scope of work, also have the issue of divorce, will present a general picture of the relationship of these institutions towards marriage as an institution, statistical data on the number of divorces in the Republic of Macedonia and the most common reasons that lead to the divorce.
7
Khasan Alimudin and M. Rifa Jamaludin Nasir. "Normative Harmonization: The Eclecticism of Talak Law as a Compromise between Islamic Legal Principles and Indonesian Legislation." QURU’: Journal of Family Law and Culture 2, no. 2 (April 26, 2024): 192–210. http://dx.doi.org/10.59698/quru.v2i2.187.
Full textAbstract:
This article discusses the validity and legal consequences of divorce in Islamic law and positive law in Indonesia. This research uses a qualitative approach with deductive analysis method and literature study with Normative-Juridical approach. The results show that divorce is considered valid in Islamic law if it fulfills the predetermined conditions. On the other hand, in Indonesian positive law, divorce is recognized as valid if it is carried out through a court hearing process in accordance with Law No. 1 of 1974 concerning Marriage. In terms of post-divorce legal consequences, both Islamic law and Indonesian positive law regulate the rights, positions and obligations of former husbands and wives. Indonesian positive law, particularly in relation to divorce, has undergone legal eclecticism, incorporating the principles of legality, justice and humanity. Meanwhile, in the context of Islamic law, these principles are manifested in the concept of mashlahat, which covers five aspects, namely the maintenance of religion, soul, mind, offspring, and property.
8
Ojha, Niranjan. "Halala: An Exceptional Marriage Practice in Islam." Journal of Development Review 6, no. 01 (January 30, 2021): 40–47. http://dx.doi.org/10.3126/jdr.v6i01.66921.
Full textAbstract:
The study of a religious minority like Muslims keeps greater importance in the country like Nepal where the majority population is Hindu. Marriage, divorce are the common phenomenon of the society. Remarriage after divorce is also common in Nepali society but remarriage with same bride after divorce in Muslim community is exceptional and the process is very curious to Nepali society. This paper tries to discuss the exceptional marriage practice in Islam i.e. Halala marriage. Marriage is a contract between bride and groom for the purposes of the legislation of intercourse, procreation of children and the social contract between husband and wife. Muslims practices marriage ritual according to the Muhammadan law. According to Holy Quran, if a husband divorces his wife, he is not allowed to remarry her until she has married to another husband and he has divorced her. Halala marriage is a practice in the Muslim community which allows a man to re-marry his wife after Triple-Talaq. Halala has been severely criticized as it harms the dignity of a woman by forcing her into a compromised sexual relationship. This research attempts to deal with the overall scenario of Nikah Halala.
9
Tarusina, Nadezhda N. "Negative Continuity in Family Law: A Few Touches to an Expressionist Portrait." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 16, no. 1 (March 17, 2022): 70. http://dx.doi.org/10.18255/1996-5648-2022-1-70-81.
Full textAbstract:
The article is devoted to the analysis of the legislation of the 30s and 40s regarding marriage and the family - the rejection of legal recognition and the identification of the actual protection of marriage, the establishment of a very strict and consistent divorce procedure, the appeal to the truncated status of children born out of wedlock. Its review and evaluation is offered. Emphasis and statements are made on those normative-legal components of the legislation, which, either in full or in a significantly truncated version, are adopted, within the framework of continuity, by subsequent legislative decisions. In particular, we are talking about the continuing, despite legislative initiatives, denial of the need for at least partial protection of the interests of actual spouses (especially those with common children), about “rudimentary echoes” in modern norms on the judicial establishment of paternity of negative (regressive) decisions of the 40s , as well as a specific public component of the divorce process, which obliges the court to decide on issues not declared by the parties. It is emphasized that the effectiveness of strict legislation in the field of marriage and family is apparent and socially harmful, does not correspond to the nature and essence of family relations.
10
Lestari, Lestari, Siti Zailia, and Legawan Isa. "Praktek Cerai Rujuk di Desa Pedamaran Menurut Hukum Islam dan Hukum Positif." Muqaranah 6, no. 2 (December 26, 2022): 99–112. http://dx.doi.org/10.19109/muqaranah.v6i2.14545.
Full textAbstract:
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 to in Pedamaran Village. This type of research is field research, meaning that this research is carried out directly on the research object to obtain complete data. The data collection techniques in this study were carried out using observation, interview and documentation techniques. The approach method uses the comparative method. The results of the study show that the practice of referral divorce carried out by the Pedamaran village community is in accordance with Islamic law, so that the practice of referral divorce is legal. However, according to Law Number 16 of 2019, the practice of divorce and reconciliation in Pedamaran Village is illegal, because the divorce was not carried out at the Religious Court and reconciliation was not carried out in front of the marriage registrar. This shows that there are still many people who have not complied with the applicable laws and regulations, so it is necessary to hold socialization so that people are aware of the law.
11
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 (October 24, 2023): 135–58. http://dx.doi.org/10.20885/mawarid.vol5.iss2.art2.
Full textAbstract:
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 the two countries in the development of divorce law and found that social background, religion, political ideology, and history are the factors that have greatly affected the laws issued and implemented in country. This research will be a source of comparison and reflection for divorce law in Indonesia and the UK to become more progressive and developing. Alos, this research will be useful for further research on divorce law in Indonesia or the United Kingdom. Keywords: Divorce Law, Indonesia, United Kingdom, Comparative. Abstrak Studi ini adalah studi yang membandingkan perspektif sumber hukum perceraian di Indonesia dan Inggris. Dengan menggunakan sumber hukum dan literasi tertulis lainnya sebagai sumber bacaan dan acuan (Penelitian Pustaka). Penelitian ini menggunakan metode kualitatif-deskriptif, dengan membandingkan undang-undang perceraian serta menganalisa faktor-faktor yang menyebabkan persamaan dan perbedaan bentuk aturan-aturan mengenai perceraian di Indonesia dan United Kingdom, lalu menemukan persamaan dan perbedaan bagaimana kedua negara mengatur mengenai masalah perceraian. Dengan memperhatikan biografi dan sejarah kedua negara dalam perkembangan hukum perceraian. Penulis menemukan bahwa faktor latar belakang sosial, agama, ideologi politik, dan historis sangat mempengaruhi undang-undang yang disahkan dan diterapkan di suatu negara. Penelitian ini akan menjadi sumber perbandingan dan refleksi bagi hukum perceraian di Indonesia dan Inggris untuk menjadi lebih progresif dan berkembang, selain itu penelitian ini akan berguna bagi penelitian lanjutan mengenai hukum perceraian di Indonesia ataupun United Kingdom.
12
Roslaili, Yuni, and Safira Mustaqila. "MUT'AH IN MODERN MUSLIM FAMILY LAW ( Study of Legislation in Syria, Egypt and Indonesia )." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 12, no. 2 (December 8, 2022): 154. http://dx.doi.org/10.22373/dusturiyah.v12i2.12347.
Full textAbstract:
The reality showed that there are still many injustices against women that can occur anywhere, including in the domestic sector, as well as in Muslim countries. Therefore reform of Muslim family law is seen as necessary because it plays an important role in the protection of women and children and the fulfillment of their rights. Mut’ah is a gift from a husband to his ex- wife after a divorce, including one of the areas reformed in a number of Muslim countries, including in Syria, Egypt and Indonesia. Mut’ah is a gift from a husband to his ex- wife after a divorce is one of the areas reformed in a number of Muslim countries including in Syria, Egypt and Indonesia. The results of the study found that there had been reform of Muslim family law regarding mut’ah in the three countries studied, namely Syria, Egypt and Indonesia. if in traditional literature( fiqh) the right of mut’ah is only obligatory to be given to a divorced wife before had sex and with a dowry that has not been given, but in the three countries studied regardless of whether the wife was divorced before had sex or after had sex and whether the dowry has been determined or not. In addition, in modern Muslim family law there are provisions for the maximum limit of mutah that a husband must give to his wife, such as the standard of living for three years in Syria and two years in Egypt while in fiqh it is determined that the maximum size of mut’ah is not to exceed half the mistsil dowry or the price of a slave.
13
Djannah, Fathul, and Muhammad Rizal. "Law Enforcement Against Perpetrators of Domestic Violence in terms of Legislation and Islamic Law." Britain International of Humanities and Social Sciences (BIoHS) Journal 2, no. 1 (February 6, 2020): 109–19. http://dx.doi.org/10.33258/biohs.v2i1.155.
Full textAbstract:
The aims of the study is to find out the law enforcement against perpetrators of domestic violence in terms of legislation and islamic law. this research was conducted by examining library materials or secondary data relating to divorce on the grounds of domestic violence. Furthermore, using a normative juridical approach, it is intended to get clarity about divorce on the grounds of domestic violence. The result shows that the criminal law policy in the formulation of a system of criminal sanctions against perpetrators of a crime in domestic violence according to the provisions of the Domestic Violence Act (UUPKDRT) uses an alternative formulation system type. Criminal sentences in the form of imprisonment or fines with minimum and maximum rules. In Article 44 (physical violence), Article 45 (psychological violence), and Article 49 (neglect) there is no stipulation of a criminal minimum limit that only mentions a maximum limit
14
Kurniawan, Muhammad Irfanudin, and Adi Nur Rohman. "Reasons For Divorce in The Compilation of Islamic Law: An Overview of Islamic Legal Psychology." KRTHA BHAYANGKARA 17, no. 3 (December 14, 2023): 495–504. http://dx.doi.org/10.31599/krtha.v17i3.3085.
Full textAbstract:
This article aims to reveal the reasons for juridical divorce and further reveal the psychological factors contained in the reasons for divorce in the Islamic Law Compilation. Through a psychological approach (psychological approach) and legislation (statute approach), the authors analyze descriptively and analytically based on materials collected through literature study. The result is that the reasons for divorce as stated in the KHI show the existence of psychological relationships such as mental readiness, the level of maturity and maturity of thought and accuracy in making decisions when having to divorce a partner. That in the reasons for divorce there are psychological factors that directly influence the occurrence of divorce.
15
Maimun, Maimun. "The Women’s Rights in Divorce and Gender Equality Discourse in The Dynamics of Divorce in Madura." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, no. 1 (June 27, 2022): 468. http://dx.doi.org/10.22373/sjhk.v6i1.12804.
Full textAbstract:
This study investigates the dynamics of divorce in Madura and women's rights in divorce from a gender perspective. There are three main issues addressed in this study, those are the dynamics of divorce in Madura, women's rights in divorce, and gender equalities. This study is field research with a qualitative approach. The data used comes from primary data and secondary data. By conducting an in-depth analysis based on the sociological theory of gender, particularly Talcott Parson's theory of structural feminism, this study found some findings; firstly, the number of divorces, either from talaq divorce or judicial divorce, in Madura in the last five years has increased. This is because of the decline in ethics such as polygamy without the permission of the first wife, the low-income factor, the presence of a third party either due to parental interference or infidelity with other people, and disharmony due to disputes and differences of opinion; secondly, the number of divorce cases in Madura in the last five years has been dominated by judicial divorce rather than talaq divorce. In 2021, the percentage of judicial divorce compared to talaq divorce is around 73.04% to 26.96%, meanwhile, in 2020, this ratio was only 25.49% to 74.51%. Besides, in 2019, this was about 67.63% to 32.39%, in 2018 it reached 64.23% to 35.77%, and in 2017 it was about 67.18% to 2.82%; thirdly, the phenomenon of increasing divorce by law in Madura indicates that there has been a shift in perception among women about the meaning of divorce, as a response to the presence of legislation that provides room for legitimacy for women to file for divorce. In the perspective of contemporary feminism, the space for legitimacy contains the meaning of gender equality, and the patriarchal culture begins to collapse which has long been attached to the social system of the Madurese community.
16
Taufik, A. Taufik. "Verstek Divorce Case in the Perspective of Positive Law and Islamic Law." Law Development Journal 1, no. 2 (September 17, 2020): 90. http://dx.doi.org/10.30659/ldj.1.2.90-98.
Full textAbstract:
The research problem is that, in examining the verstek of the divorce case, the judge asked the plaintiff to prove the argument of the lawsuit with written evidence and / or witnesses, even though the verstek provisions did not regulate that. What is the legal basis of evidence regarding the subject matter in verstek and why did the defendant choose not to attend the trial and how is the verzet examination of divorce cases in court. how to study literature. While the data analysis method used is descriptive normative, that is, the method used to describe the norms on which the judge accepts, examine and resolve cases that emphasize the aspect of the prevailing legislation. Based on the analysis, it can be seen that the reason the judge ordered proof is: In the case of the verstek case of divorce cases, the principle of Lex Specialis Derogat Lex Generali is applied, therefore divorce cases are an exception to the HIR provisions. Because proof can show more of a legal function in providing a sense of justice and protection to society. Proof is useful to know the truth of the plaintiff's claim whether the lawsuit has legal grounds and does not violate rights. The formulation of Article 125 paragraph (1) HIR does not contain the words 'must', but instead the word 'accepted' is used.Apart from basing it on positive legal provisions, in the version of divorce cases, the panel of judges also based on the doctrine in the Fiqh Books in the form of syar'iyah evidence. In a divorce case what is sought is material truth, not mere formal truth. It can be seen from the verdicts in divorce cases both recognized and in the verstek verdict, still undergoing a proving process. Both positive law and Islamic law see the need for proof in a verdict from a divorce case.Keywords : Verstek; Divorce Case; Positive Law; Islamic law.
17
Wu, Qian. "Foreign Divorce Damage Compensation System and Its Inspiration to Our Country." International Journal of Education and Humanities 7, no. 3 (March 17, 2023): 115–17. http://dx.doi.org/10.54097/ijeh.v7i3.6096.
Full textAbstract:
The divorce damage compensation system refers to the breakdown of the marriage caused by the bigamy, cohabitation, domestic violence, abuse and abandonment of the spouse. An innocent party is a system of claiming damages from the guilty party. Divorce damage compensation is an important legal system in China's marriage law. This paper first expounds the definition of "damage" in the divorce damage compensation system in China, analyzes the nature and significance of divorce damage compensation, expounds the constituent elements of divorce damages compensation, examines the legislation of divorce damage compensation system abroad, and puts forward the inspiration of divorce damage compensation in China. The law should recognize damages for divorce. Evidence obtained privately by the innocent parties. Only in this way, can we effectively make up for the lack of social moral function and the gap of the current criminal law system, safeguard the normal marriage and family relations and the legitimate rights and interests of the parties, and better deal with the complex situation in the field of divorce in China.
18
Yanti, Yanti. "DIVORCE BEYOND THE COURT OF RELIGION FOR HIGHER EDUCATION (GRADUATE)." Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram 12, no. 1 (June 30, 2020): 57–70. http://dx.doi.org/10.20414/alihkam.v12i1.2255.
Full textAbstract:
The background in this study is divorce outside the Religious Courts conducted by couples who have a history of higher education (bachelor). In-Law Number 1 of 1974 Article 39 and Compilation of Islamic Law Article 115 which states that "Divorce can only be carried out before a Religious Court hearing after the Religious Court has tried and failed to reconcile the two parties". The existence of these laws and regulations applies to all Indonesian citizens who are Muslim. Although it has been explicitly explained in the legislation regarding the necessity of divorce before a court hearing, in reality, the law is still ignored. Just like what happened in Renah Sungai Ipuh Village that the people in this village are still conducting divorce outside the court, from the data obtained by the author from 2013-2017 there were 24 couples who had divorced outside the Religious Court and 7 pairs of the perpetrators of the divorce were couples who have a high educational history (bachelor). The method used in this research is to use qualitative methods, namely analyzing the data that has been obtained. The conclusion of this research is first, that the causes of divorce outside the Religious Courts are 1. because they follow customs, 2. because they want to maintain their good name, 3. because of coercion from parents and 4. because the litigation process is too long and difficult. Second, the response of BP4 to the practice of divorce outside the Religious Courts, BP4 felt very concerned about the condition of the community who did not want to register their divorce in the Religious Courts, this BP4 has carried out its duties and functions to the maximum extent but has not been successful.
19
Steensma, D. J. "Om een andere reden dan ontucht … . Mattheüs 5:32a en het joodse echtscheidingsrecht." Theologia Reformata 65, no. 3 (September 1, 2022): 257–75. http://dx.doi.org/10.21827/tr.65.3.257-275.
Full textAbstract:
According to the Gospel of Matthew, 'Anyone who divorces his wife, except for sexual immorality, causes her to become an adulteress' (5:32). This raises the question whether Jesus allows divorce only in the case of adultery. This article discusses Jesus' statement in the Matthean context and within the context of Jewish legislation in the first century, to show that Jesus is addressing a current debate about the interpretation of Deuteronomy 24:1, not the core of Jewish divorce law, namely, the possibility of marriage dissolution due to neglect of the marriage promise (Ex. 21:10-11). The latter provision was generally accepted in New Testament times, but is usually disregarded in the scholarly discussion of Matthew 5:32 (and 19:9).
20
Saparuddin, Jantan, and Maryani Maryani. "Saksi Wanita dalam Putusan Perceraian di Pengadilan Agama Kelas IA Kota Jambi." INNOVATIO: Journal for Religious Innovation Studies 16, no. 1 (June 30, 2016): 19–30. http://dx.doi.org/10.30631/innovatio.v16i1.27.
Full textAbstract:
In examining and resolving marital disputes in divorce cases special procedural law is regulated, which is regulated in Law Number 1 of 1974 concerning marriage, Government Regulation Number 9 of 1975 concerning the implementation of Law Number 1 of 1974, Law Number 7 Year 1989 concerning the Religious Courts and Compilation of Islamic Law. Among the duties of judges in resolving divorce cases is to worry or judge whether the events or facts presented by the parties are true and this can only be done through verification. This study aims: first, to know the role and position of female witnesses for divorce cases in the Jambi City Religious Court according to Islamic law; second, knowing the role and position of female witnesses for divorce cases in the Jambi City Religious Courts according to Indonesian law. Second, knowing the role and position of female witnesses for divorce cases in the Jambi City Religious Courts according to the laws in Indonesia. The research method used is an empirical juridical method, which is used to analyze various laws and regulations in the field of marital law. While the empirical approach is used to analyze the law not merely as a set of normative legislation, but the law is seen as the behavior of people who fluctuate and pattern in people's lives. The approach method used in this study is an empirical juridical method, which is used to analyze various laws and regulations in the field of marital law. While the empirical approach is used to analyze the law not merely as a set of normative legislation, but the law is seen as the behavior of people who fluctuate and pattern in people's lives.
21
Abdullah, Abdullah, Nurhayati Nurhayati, Fadli Andi Natsif, Hasbi Siddik, and Fathurrahman Fathurrahman. "The Impact of Theological Interpretations on Divorces within Muslim Families in Makassar City, Indonesia." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 8, no. 1 (March 31, 2024): 339. http://dx.doi.org/10.22373/sjhk.v8i1.20621.
Full textAbstract:
In Makassar City, located in South Sulawesi, one of the contributing factors to divorce is the level of theological comprehension or grasp of the teachings of the Islamic faith. Comprehension of the theology can shape perspectives on the duties of the husband and the wife within the marriage institution. This study employs a qualitative-empirical methodology using a theology of law framework. Theology of law is a methodological approach in Islamic studies that focuses on integrating and interconnecting many aspects. The data was gathered through comprehensive interviews and analysis of documents. The informants interviewed were husband and wife who had divorced. The research findings indicate a robust correlation between theology and the Islamic law. An individual with a moderate and contextual theological comprehension will likewise possess a flexible and moderate comprehension of the Islamic legislation. Conversely, an individual with a limited and inflexible comprehension of theology will interpret the Islamic law based on the Qur’an and likely have extremist perspectives. Moreover, the incidence of divorce is a manifestation of Allah SWT's decree or fate. In Jabariyah theology, the acceptance of fate leads to a lack of initiative in pursuing settlement through the established religious courts. These theological reasons are not independent, but rather influenced by economic circumstances and inherited issues that contribute to conflict and discord, ultimately resulting in divorce. From a legal theology standpoint, it is important to highlight that an interpretation of theology that passively submits to and embraces destiny, without making any attempts at reconciliation, leads to divorce, resulting in a failure to effectively apply the Islamic law. According to the Islamic law, a divorce is preceded by a mediation process in a religious court, during which the husband and the wife are given the opportunity to carefully consider all the adverse consequences.
22
Azhar, Azhar, and Putri Amelia. "Perkawinan Dalam Perspektif Tasawuf." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 3, no. 2 (December 1, 2021): 290–307. http://dx.doi.org/10.47467/as.v3i2.735.
Full textAbstract:
This dissertation discusses Marriage in the perspective of Sufism (Study of analysis of Legislation on Marriage in Indonesia). This is done considering the high divorce rate in Indonesia even though the legislation regarding marriage has been made quite a lot by the government and even the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law have long been enacted. The purpose of this study is to find out why Islamic marriage regulations and legislation in Indonesia have not been able to stem the flow of divorce and family disharmony, and what solutions can be offered in minimizing divorce in Indonesia, as well as how to establish marriage law with the Sufism approach. The process of collecting data is done by means of library research (Library Research). The reading material is described and analyzed using qualitative methods so that the causes of the high divorce rate in Indonesia are found. After the discussion, two main problems were found, namely formal problems and non-formal problems. Formal problems are problems that are related to the rules and regulations of marriage itself. While non-formal problems are problems that arise from the personal members of each family. To overcome problems related to formal problems, the solution offered is the need to review several articles in the Marriage Law Number 1 of 1974 and need to revive the functions of the Marriage Advisory Counseling and Conservation Agency (BP4) as before the Marriage Law Number 1 year 1974. Meanwhile, to overcome problems related to non-formal problems, it is necessary to give Sufism teachings to the bride and groom who are delivered when they attend bride and groom courses organized by the Ministry of Religion throughout Indonesia. In order to establish marriage law with the Sufism approach, the connection between Sufism values and laws in the frame of benefit is needed. For this reason, the values of Sufism such as warak and zuhud and qonaah and so on need to be developed and integrated in connection with marriage law. The interconnection of the values of Sufism with marriage law is needed in numbers to minimize the divorce rate in Indonesia.
Keywords: Marriage law, Sufism
23
Kaplan, Yehiel S. "Enforcement of Divorce Judgments in Jewish Courts in Israel: The Interaction Between Religious and Constitutional Law." Middle East Law and Governance 4, no. 1 (2012): 1–68. http://dx.doi.org/10.1163/187633712x631246.
Full textAbstract:
In the State of Israel, Rabbinical courts are granted sole jurisdiction in the adjudication of marriage and divorce of Jews. In these courts, the husband presents the divorce writ of Jews, the get, to his wife on the occasion of their divorce at the end of the adjudication process. When Jews sue for divorce in Rabbinical courts, the courts occasionally determine that the man should grant his wife a get or that the wife should accept the get granted by her husband. Sometimes one spouse disobeys the ruling. Although the Rabbinical courts occasionally impose sanctions in an attempt to enforce divorce judgments, they are generally reluctant to do so. The implementation of inappropriate measures can lead to the conclusion that a given divorce is in fact a legally ineffectual coerced divorce. Consequently, the Jewish courts occasionally delay the imposition of these sanctions out of concern that inappropriate coercive measures invalidate the get, rendering the couple still legally married. The Supreme Court of Israel has ruled, though, that the Rabbinical courts in Israel should act in light of the constitutional principles in Basic Law: Human Dignity and Freedom. However, the Supreme Court of Israel has not clearly or specifically addressed the balance between the rights and obligations of the husband and wife in the process of enforcing divorce judgments, neither before nor after the enactment of the of the two important constitutional Basic Laws enacted in 1992. A detailed policy analysis of the sanctions against recalcitrant spouses in Rabbinical courts in Israel—in light of the principles of Jewish and constitutional law in the country—has not yet been undertaken. The aim of this essay is therefore to present the appropriate formula pertaining to the imposition of sanctions against recalcitrant spouses given the principles of Jewish and constitutional law. The formula is presented in light of constitutional law in Israel. However, it is also applicable in other countries with similar constitutional legislation, such as Canada, where legislation sometimes allows for the civil enforcement of Jewish divorce.
24
De, Rohit. "Mumtaz Bibi's broken heart." Indian Economic & Social History Review 46, no. 1 (January 2009): 105–30. http://dx.doi.org/10.1177/001946460804600106.
Full textAbstract:
This article investigates the formation of a political consensus between conservative ulama, Muslim reformers, nationalist politicians and women's organisations, which led to the enactment of the Dissolution of Muslim Marriages Act in 1939. The Act was a radical piece of social legislation that gave South Asian Muslim women greater rights for divorce than those enjoyed by other women in India and Britain. Instead of placing women's rights and Islamic law as opposed to each other, the legislation employed a heuristic that guaranteed women's rights by applying Islamic law, allowing Muslim politicians, ulama and women's groups to find common ground on an Islamic modernity. By interrogating the legislative process and the rhetorical positions employed to achieve this consensus, the paper hopes to map how the women's question was being negotiated anew in the space created in the legislatures. The legislative debate over family law redefined the boundaries of the public and the private, and forced nationalists to reconsider the ‘women's question’. The transformation of Islamic law through secular legislation also gave greater licence to the courts in their interpretation, and widened the schism between traditional practitioners of fiqh and modern lawyers.
25
Kim, Hyunjin. "Economic Consequences of Divorce in Korea." Brill Research Perspectives in Family Law in a Global Society 1, no. 1 (June 21, 2016): 1–68. http://dx.doi.org/10.1163/24058386-12340001.
Full textAbstract:
Still, the Korean divorce law adheres to fault-based divorce. According to the majority of Korean Supreme Court, the main reason of not admitting no-fault policy is that preconditions of systems for protecting the spouse and children after divorce financially are not yet satisfied in Korea. There have been remarkable development of divorce laws to pursue equality in property division between spouses, including re-conceptualizing pension entitlement as object of property division through Court’s rulings and legislation. As to protect child after divorce, it is noteworthy to see a belated but wise establishment of the state agency to enforce child support obligations and its soft landing. However, we still have miles to go before the divorce laws secure true equality or fairness financially upon divorce.
26
Anggraeni, RR Dewi, Dianna Primadianti, Saptaning Ruju Paminto, and Nur Rohim Yunus. "Legality of Khulu' Lawsuit for Wives in the Provisions of Legislation in Indonesia." Jurnal Ilmiah Al-Syir'ah 20, no. 1 (June 30, 2022): 34. http://dx.doi.org/10.30984/jis.v20i1.1817.
Full textAbstract:
The solution household crisis provided by the wife and accepted by the husband is known as a khulu' in Islamic law. This study examines the legal protection for a wife if the surrender of khulu' is determined and investigated. As well as the relationship between the provisions and the concept of khulu' with the position of women in marriage law which is sourced from the Compilation of Islamic Law related to Marriage Law.. It was decided to apply the research method of normative juridical research in conjunction with a statutory approach. The findings of this study indicate surrender of khulu' to the husband to divorce himself from the marriage bond is accompanied by the payment of 'iwadh', namely the payment of money or goods to the husband from the wife's side as a reward, divorce as a form of legal protection for the wife. The text states that 'iwadh is a system of legal protection given by the state to the wife who proposes khulu'.Â
27
Rohmah, Asantia Puspita, Prahasti Suyaman, and Asti Sri Mulyanti. "Determination of Custody Rights (Hadhanah) for Children Who Are Not Yet Mumayiz to the Father." Rechtsnormen Journal of Law 1, no. 2 (July 24, 2023): 48–57. http://dx.doi.org/10.55849/rjl.v1i2.307.
Full textAbstract:
Background. One of the legal consequences of the breakdown of marriage due to divorce is the custody of children, which in fiqh literature is called Hadhanah. Purpose. The purpose of this paper is to: (a) provide information on the distribution of hadhanah rights to fathers for children who are not yet Mumayiz due to divorce. Method. The research method used in this research is a qualitative method with the type of normative juridical research based on primary and secondary legal materials, namely research that refers to the norms contained in the legislation. Hadhanah is a right that must be fulfilled by adults who are required to take care of the needs of a child including providing education and support to children who are not old enough. Results. The results of this study indicate that hadhanah in Islamic law prioritizes the best interests of the child. This is in accordance with the basic principles of Islamic law (found in the Qur'an and Hadith), which state that children have inherent rights in relation to both parents. Likewise, it is used in positive law in Indonesia. Parental authority over children after divorce according to the provisions of the two laws (Islamic Law and Indonesian Positive Law) is in line. Both divorced parents must continue to fulfill their children's hadhanah in accordance with the rights of children in the Child Protection Law, namely, the rights to life, growth, protection and participation. Conclusion. Therefore, when a divorce occurs, it will have certain legal consequences, especially the issue of Hadhanah (child custody). Hadhanah itself in fiqh terms is used two words but intended for the same purpose, namely Kafalah and Hadhanah. what is meant by Hadhanah or Kafalah in a simple sense is 'Maintenance or 'Care.
28
Najichah. "Wife's Right to Property After Divorce: An Examination of Islamic Law and Legislation in Religious Court Decisions in Yogyakarta City." QURU’: Journal of Family Law and Culture 2, no. 2 (May 7, 2024): 211–32. http://dx.doi.org/10.59698/quru.v2i2.190.
Full textAbstract:
Indonesia as a sovereign state pays great attention to the rights of its citizens, especially in the context of marriage between men and women, through Islamic family law. Although there are still many divorce cases, the Religious Court as a judicial institution that handles family matters for Islamic citizens, plays an important role in positioning women fairly. However, the importance of wise, intelligent, honest and highly ethical judges cannot be ignored. Judges must be able to understand and apply the law with justice to all litigants, especially in divorce cases where women's rights are often neglected. Research into court decisions is important to see the extent to which judges consider women's interests in their decisions, especially in the context of post-divorce rights that have been formulated in Indonesian Islamic family law. The focus of this research is the wife's rights to post-divorce property as regulated in the legislation, as well as the extent to which these legal products are in accordance with the principles of gender justice. This research uses a qualitative approach with a field study at the Yogyakarta Religious Court. Data were collected and analyzed descriptively analytically, describing events related to court decisions. The gender approach was used to analyze the written law as well as what was decided by the judge in the court process. The results show that the rights obtained by women after divorce in Indonesian Islamic family law, such as the right to mut'ah, the right to maintenance, the right to refuse reconciliation, the right to hadlanah, and the right to joint property, are not discriminated against based on gender. There are no signs of marginalization, subordination, double workload, negative labeling, or violence against woman in Indonesian Islamic family law.
29
Liviev, N. M. "The Balance between the Legal Norms of Treaties and National Legislation of Israel in the field of the Right to Marriage and Family. Regulation of the Divorce Procedure for Mixed (Interfaith) Couples." Actual Problems of Russian Law 17, no. 6 (May 17, 2022): 153–67. http://dx.doi.org/10.17803/1994-1471.2022.139.6.153-167.
Full textAbstract:
The paper considers one of the most specific systems of law that includes modern democratic norms of law and conservative, religious traditions. This system of law is the national family law of the State of Israel. The centuries-old religious norms of law in the field of marriage and family relations remained archaic until the declaration of Israel’s independence. This resulted in the creation of a new national system of legislation that met international standards. However, due to the importance of preserving traditions, as well as the zealous attitude to their observance on the part of religious groups living in Israel, the norms of religious law in the field of marriage and family relations have become an obligatory part of the legislation in this area of law. At the same time, being a progressive state to the extent possible, Israel is constantly developing the legal framework in the field of human rights, especially the right to marriage and family, in accordance with all the norms of treaties to which it is a signatory. The norms of Jewish law, Muslim law are an obligatory part of the laws of the State of Israel, in particular in regulating the divorce procedure. The divorce among Jewish couples, as well as Muslim couples, is carried out in accordance with the norms of the religious law of each denomination, which are enshrined in the regulatory legal acts of the State of Israel. However, cases of termination of marital relations of mixed (interfaith) couples are not an exception. In connection with the complication of relations at the present stage, it is necessary to constantly develop legislation in the field of divorce procedure, especially in cases of termination of marital relations of mixed (interfaith) couples, so that prevent any form of discrimination.
30
Winda Fitri, Muhammad Naufal Anshari, Fariz Rayhan, Regina Uliana Sirait, and Dinda Lucida Siswan. "TINJAUAN HUKUM PEMBERIAN NAFKAH IDDAH PADA PERKARA NOMOR 1954/pdt.g/2019/PA.Btm." TUTURAN: Jurnal Ilmu Komunikasi, Sosial dan Humaniora 1, no. 2 (May 27, 2023): 172–86. http://dx.doi.org/10.47861/tuturan.v1i2.195.
Full textAbstract:
This study discusses how to analyze the judge's decision on divorce in decision number 1954/pdt.g/2019/PA.Btm. then analyze the judge's decision to determine the cost of iddah and legal review of the divorce decision. The research method used is a juridical approach method based on legislation on religious courts and complications of Islamic law. Several factors lead to divorce such as differences of opinion, quarrels, arguments and disputes that cause dislike between husband and wife. In preventing divorce, it can be done by mediation, but if it does not find a middle point in the problem between husband and wife, it will proceed to a divorce trial in a religious court.
31
Ananta, William Ricky, and Khotbatul Laila. "Tinjauan Yuridis terhadap Perceraian Menurut Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan Sebagaimana diubah dengan Undang-Undang Nomor 16 Tahun 2019 dan Norma Agama Kristen Protestan." Bhirawa Law Journal 2, no. 2 (November 29, 2021): 130–35. http://dx.doi.org/10.26905/blj.v2i2.6828.
Full textAbstract:
The divorce rate in Indonesia is getting higher. come from all classes of Indonesian citizens, both high and low social status, and from different religious backgrounds. In Law Number 1 of 1974 concerning Marriage, the aim is to complicate Divorce, but it also regulates divorce. Teachings on the norms of Protestant Christianity also prohibit Divorce which is an act that is hated by the divine Jesus. The church as an institution that regulates Protestant Christians does not allow divorce decisions made by its congregation. Therefore here the author raises the issue of how the juridical review of Divorce according to the Marriage Act and the christian norms of Protestants and the legal consequences for protestant Christians. This research is normative legal research using legislation approach and comparison approach, therefore this research uses primary, secondary, and tertiary legal materials.Based on the research results, the authors obtained answers to existing problems. Termination of Marriage due to Divorce based on the norms of Protestant Christianity for adherents is legal according to the Legislation, however the church as an institution that regulates its people there is still no certainty regarding Divorce. Protestant churches only assist congregations who want to divorce but do not prohibit them because divorce is a civil right of all Indonesian citizens, but the church is still responsible for its congregation who commits divorce. The legal consequences of divorce are the breaking up of the husband and wife relationship, the consequences for the child, and the consequences for joint property. According to the norms of Protestant Christianity, the result of Divorce is sin.
32
Triana, Titin, Suhar Suhar, and Ishaq Ishaq. "Providing Nafkaḥ Muṭ‘ah for Wives in Lawsuits of Divorce According to Islamic Law and Indonesian Legislation." Journal of Comprehensive Islamic Studies 2, no. 1 (November 18, 2023): 149–66. http://dx.doi.org/10.56436/jocis.v2i1.197.
Full textAbstract:
This article discusses the phenomenon of responsibility in granting mut‘ah to a divorce suit filed by the wife, both from the perspective of Islamic law and the perspective of legislation in Indonesia. The main problem studied is how Islamic law and legislation in Indonesia regulate the granting of mut‘ah to a divorce suit filed by the wife? This article comes from qualitative literature research which observes the phenomenon of court decisions regarding responsibility for granting mut‘ah. The research found that based on the provisions of Chapter 149 of the Compilation of Islamic Law (KHI), in divorce cases that are contested in trials at the Religious Courts, the judge does not punish husbands who commit mut‘ah and undergo iddah. The obligation to provide mut‘ah and iddah is only given by husbands who divorce their wives as mandated in article 39 of PP No.9 of 1975 jo. Chapter 149 letter (b) Compilation of Islamic Law (KHI). Artikel ini membahas tentang fenomena tanggung jawab dalam pemberian mut‘ah kepada gugatan cerai yang diajukan oleh pihak istri, baik dari segi Hukum Islam dan maupun perspektif perundang-undangan di Indonesia. Permasalahan utama yang dikaji adalah bagaimana Hukum Islam dan Perundang-undangan di Indonesia mengatur tentang pemberian mut‘ah kepada gugatan cerai yang diajukan oleh pihak istri? Artikel ini berasal dari penelitian kualitatif literatur yang mengamati fenomena putusan pengadilan terkait tanggungjawab pemberian mut‘ah. Penelitian menemukan bahwa Berdasarkan ketentuan Bab 149 Kompilasi Hukum Islam (KHI), dalam perkara perceraian yang digugat dalam persidangan di Pengadilan Agama, Hakim tidak menghukum suami yang melakukan mut‘ah dan menjalani iddah. Kewajiban memberikan mut‘ah dan iddah hanya diberikan oleh suami yang menceraikan istrinya sebagaimana diamanatkan dalam pasal 39 PP No.9 Tahun 1975 jo. Bab 149 huruf (b) Kompilasi Hukum Islam (KHI).
33
Bilyk, Oleksandra. "Issues concerning divorce in European Court of Human Rights case law." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 228–32. http://dx.doi.org/10.36695/2219-5521.2.2020.40.
Full textAbstract:
The article deals with the case law of the European Court of Human Rights in the context of the individuals’ possibility to dissolveone’s marriage in general and other issues related to divorce.Starting with the case of Johnston and Others v. Ireland (1986) ECHR made it clear that a right to divorce cannot be derived fromArticle 12 of the Convention (Right to marry). The Court stated that drafters of the Convention had no intention to include in Article12 any guarantee of a right to have the ties of marriage dissolved by divorce. On the other hand, in case of F. v. Switzerland (1987)ECHR stated that if national legislation allows divorce, which is not a requirement of the Convention, Article 12 secures for divorcedpersons the right to remarry without unreasonable restrictions.In more recent cases the Court dealt with issues concerning the lengthy divorce proceedings that impaired applicants’ right tomarry again. In this aspect the Court would not exclude that a failure to conduct divorce proceedings within a reasonable time could incertain circumstances raise an issue under Article 12 of the Convention. However, in such cases the Court emphasizes more on the issueof the violation of Article 6 § 1 of the Convention in light of the failure of the domestic authorities to conduct the divorce proceedingsefficiently.Another side of divorce proceedings was reviewed in case of Babiarz v. Poland (2017) where the applicant complained that byrefusing to grant him a divorce the authorities had prevented him from marrying the woman with whom he had been living and had achild. The situation arose due to the provisions of Polish law that a divorce could not be granted if it had been requested by the partywhose fault it was that the marriage had broken down, if the other party refused to consent. In the Court’s view, if the provisions of theConvention cannot be interpreted as guaranteeing a possibility, under domestic law, of obtaining divorce, they cannot, a fortiori, beinterpreted as guaranteeing a favourable outcome in divorce proceedings instituted under the provision of that law allowing for adivorce.
34
Pratitis, Sugih Ayu. "Akibat Hukum Perceraian Terhadap Harta Benda Perkawinan." DOKTRINA: JOURNAL OF LAW 2, no. 2 (October 31, 2019): 151. http://dx.doi.org/10.31289/doktrina.v2i2.2703.
Full textAbstract:
<p>The emergence of the problem of joint property in a marriage is usually when there is a divorce between husband and wife, or when the divorce process is taking place in the Religious Court. The purpose of the study is to examine the position of joint property in marriage according to Islamic law and the provisions of the legislation and the legal consequences of divorce on marital property. The research method used is a type of normative research where research is carried out by first researching the materials that are in accordance with the problem to be studied. The result of this research is that the position of husband and wife property obtained in marriage is shared property except personal property which is under the marriage will be the personal rights of each husband or wife. While due to divorce between husband and wife, the assets obtained during marriage are divided in half for the husband and half for the wife. The method for resolving cases of sharing of shared assets at the Religious Court is if the divorce has been approved by a judge, then a husband and wife can submit a request for sharing of shared assets in accordance with applicable law. And if a divorced husband and wife do not want to carry out the distribution of shared assets, then one of the parties can submit a request for execution in the Religious Court to force those who do not want to carry out the decision in accordance with what was decided by the Religious Court.</p>
35
Stelmachowski, Andrzej. "Wina a zasady współżycia społecznego w procesie rozwodowym." Studia Prawnicze / The Legal Studies, no. 26-27 (April 30, 2023): 245–57. http://dx.doi.org/10.37232/sp.1970.26-27.20.
Full textAbstract:
Rozwody są prawdopodobnie najliczniejszą kategorią spraw z zakresu prawa rodzinnego występującą w polskich sądach. Autor artykułu przedstawia stosunek wzajemny dwóch przesłanek rozwodowych obowiązujących w polskim ustawodawstwie, mianowicie winy i zasad współżycia społecznego. Rozważania swoje opiera na regulacjach Kodeksu Rodzinnego i Opiekuńczego z 1964 r. oraz bogatym orzecznictwie sądów, w szczególności Sądu Najwyższego.
Divorces are probably the most numerous category of family law cases occurring in Polish courts. The author of this article presents the reciprocal relationship of the two grounds for divorce in force in Polish legislation, namely guilt and principles of social co-existence. He bases his considerations on the regulations of the 1964 Family and Guardianship Code and a wealth of case law from the courts, in particular the Supreme Court.
36
Chen, Wei, Lei Shi, and Xin Zhang. "The Divorce Damages System in China: Legislation and Practice." International Journal of Law, Policy and the Family 30, no. 1 (February 13, 2016): 105–14. http://dx.doi.org/10.1093/lawfam/ebv014.
Full text
37
Mubarok, Atus Ludin. "Kedudukan Saksi Non Muslim dalam Perkawinan Menurut Peraturan Perundang-Undangan di Indonesia." Mutawasith: Jurnal Hukum Islam 4, no. 1 (July 12, 2021): 42–58. http://dx.doi.org/10.47971/mjhi.v4i1.307.
Full textAbstract:
In the field, it often happens that a Muslim marries a convert to a Muslim woman with a large non-Muslim family status. In marriage, converts submit non-Muslim witnesses. What is the status of their testimony according to the law. The purpose of this study was to determine the position of non-Muslim witnesses to marriage according to the legislation with a qualitative method, a literature study approach. Source of data in the form of legislation related to family law. It is done by deductive-inductive method. From the discussion, it can be concluded that the Indonesian laws and regulations stipulate that marriage witnesses must be Muslim. A non-Muslim is not accepted as a witness to a marriage. In the case of divorce and reconciliation, the witness's special religious requirements are set. There is an opportunity for non-Muslims to be witnesses in ruj'u and divorce cases. Divorce on the grounds of shiqaq must be heard from witnesses who come from the husband and wife's family. That is, Article 76 of Law no. 7/1989 paragraph (1) still applies to family and close people of husband and wife who are non-Muslims and must provide testimony as witnesses.
38
Trammer, Henryk. "Zmiana statutu rozwodowego w czasie trwania procesu o rozwód." Studia Prawnicze / The Legal Studies, no. 26-27 (April 30, 2023): 273–77. http://dx.doi.org/10.37232/sp.1970.26-27.23.
Full textAbstract:
Dla każdego małżeństwa istnieje określony statut unieważnienia oraz statut rozwodowy. Przy czym ten pierwszy nie może ulec zmianie i jest w literaturze określany jako statut niezmienny, natomiast statut rozwodowy może ulegać zmianom. Autor artykułu przedstawia problematykę zmiany statutu rozwodowego w czasie trwania procesu o rozwód w świetle prawa prywatnego międzynarodowego. Opisuje normy prawne zawarte w ustawie z 1926 r. o prawie prywatnym międzynarodowym, ustawie o prawie prywatnym międzydzielnicowym, kodeksie postępowania cywilnego oraz przytacza regulacje ustawy o prawie prywatnym międzynarodowym z 1965 r. Ponadto, autor przedstawia wpływ zmiany statutu rozwodowego na przebieg sprawy rozwodowej w świetle obecnie obowiązujących przepisów.
For each marriage, there is a specific annulment statute and a divorce statute. While the former cannot change and is referred to in the literature as an immutable statute, the divorce statute can change. The author of this article presents the issue of amending divorce statutes during the divorce trial in the light of private international law. He describes the legal norms contained in the Private International Law Act of 1926, the Private Interdistrict Law Act, the Code of Civil Procedure and cites the regulations of the Private International Law Act of 1965. In addition, the author outlines the impact of the amendment of the divorce statute on the conduct of a divorce case in light of the current legislation.
39
Melnyk, O. O. "Separate problematic issues of divorce in conditions of war." Uzhhorod National University Herald. Series: Law 1, no. 77 (June 27, 2023): 150–53. http://dx.doi.org/10.24144/2307-3322.2023.77.1.23.
Full textAbstract:
A pandemic, a war, an unstable economic situation - all this leaves its mark on the relationship of married couples. Some overcome crises together and stay married, while others choose divorce for themselves.Applications for divorce from Ukrainians are pouring in from all sides. But the number of official divorces last year halved compared to 2021. For example, in March-December 2022, 11,511 fewer families broke up than in the same period of 2021. This is reported by the Ministry of Justice of Ukraine.Depending on the circumstances, Ukrainian legislation provides that a marriage is terminated as a result of its dissolution, in accordance with Article 104 of the Civil Code of Ukraine.Martial law is not an obstacle to dissolution of marriage, since marital relations are based on voluntariness. Therefore, despite the state of war in Ukraine, the right to terminate a marriage cannot be limited. The same rules and norms apply as they were until February 24, 2022. It is important that divorce proceedings go through the court in those cases where there are minor children, where it is necessary to divide property or if one of the parties does not want a divorce. If there are no children, there is nothing to divide, and the spouses agree to divorce, it is possible to divorce without a court – simply by submitting an application to the State Register of Civil Service (or Tsnap). But even such a «simple» divorce in the conditions of war can turn into problems.Before the full-scale war, the issue of divorce, if one of the spouses was in the occupied territory, was resolved as follows: one of the spouses came to the nearest city in the territory controlled by Ukraine and made a notarized application to the RAC to dissolve the marriage. Then he would pass this statement on to the other spouse and return home.If the law allows a couple to divorce only through court proceedings, the first thing to do is to determine the court to which you can apply.As a general rule, a lawsuit for divorce is filed in the court at the registered place of residence of the defendant
40
Abduroaf, M. "An analysis s 5A of the Divorce Act 70 of 1979 and its application to marriages concluded in terms of Islamic law." De Jure 56, no. 1 (2023): 1–12. http://dx.doi.org/10.17159/2225-7160/2023/v56a1.
Full textAbstract:
There has (to date) been no legislation enacted by the South African government that fully recognises marriages concluded in terms of Islamic law (Islamic marriages) as well as the Islamic law consequences that flow from these marriages. Some South African Muslims have opted to conclude marriages in terms of South African law (civil marriages) in addition to their Islamic marriages. This could be referred to as dual marriages. The civil marriages as well as its consequences (not the Islamic law consequences) would then be fully protected in terms of South African law. It is quite interesting to note that s 5A of the Divorce 70 of 1979 authorises a court to refuse the granting of a civil divorce if either of the parties would not be free to remarry subsequent to the granting of the civil divorce. This article analyses how s 5A of the Divorce Act 70 of 1979 applies to dual marriages. It looks at the impact of s 5 A of the Divorce Act on dissolution of dual marriages concluded by Muslims within the South African legal context. The dissolution of Islamic marriages within the South African legal context is looked at by way of introduction. The dissolution of a civil marriage within the context of a dual marriage (couple married in terms of Islamic law and civil law) is then looked at. The article concludes with an overall analysis of the findings and makes recommendations.
41
Azis, Fahmi, and Imam Haryanto. "Validity of Electronic Documents as a Tool of Evidence in Divorce Decisions at East Jakarta Religious Court." Journal Research of Social Science, Economics, and Management 1, no. 6 (June 25, 2022): 634–43. http://dx.doi.org/10.59141/jrssem.v1i6.238.
Full textAbstract:
The rapid development and advancement of information technology has led to changes in human life which directly affect the birth of new forms of legal action. Activities through the media of electronic systems, also known as cyberspace. This study aims to determine the validity of divorce through social media (electronic) in divorce cases in the Religious Courts, to analyze the judge's legal considerations on social media evidence in divorce cases in Decision Number 1528/Pdt.G/2017/PAJT and to determine the validity of the divorce. through social media (electronic) in the perspective of Islamic law and legislation in Indonesia. This study uses normative legal research, namely by studying the literature, laws and regulations, and writings that are closely related to the problem under study. This research uses the Information Search Literature Study and the data needed in several sources. Preparation using literature study is done by reading, studying and analyzing literature or books and other sources related to the research theme. Deductive data analysis is a procedure that begins with a general event, the truth of which is known or believed, and ends at a conclusion. According to Islamic law, divorce is through online media such as telephone, Facebook, Youtube, SMS, Whatsapp, or Instagram, whether it is only in the form of sound or accompanied by the form of the party communicating in the form of an image (video call). Then according to the Shari'a, the divorce is declared as a valid divorce, even though there is no guardian and it is not delivered directly in front of the wife. According to positive law, it is in line with the provisions in Islamic law which regulates divorce, namely the arrangement in KHI comes from Islamic law. However, the absence of legality in the form of proof of divorce (with no divorce being handed down in court), namely through online media will indeed have an impact on marital status problems and other legal problems that may arise so that Muslims also need to comply with state law.
42
Aly Wahb, Yousef. "Competing Authorities." American Journal of Islam and Society 39, no. 3-4 (February 16, 2023): 87–111. http://dx.doi.org/10.35632/ajis.v39i3-4.2993.
Full textAbstract:
North American Muslims seeking to resolve their private disputes confront multifaceted access to justice issues. Since Islamic marriage and divorce laws do not always align with North American family legislative schemes, Muslims are burdened with trying to simultaneously meet their obligations toward both legal systems. Unlike secular law, Islamic divorce proceedings require either the husband’s eventual consent or the availability of a Muslim judge. They also prescribe substantive obligations and rights for divorcees that are comparable to corollary relief provided by family law statutes. The absence of religious quasi-judicial dispute resolutions poses barriers to Muslims obtaining a religious divorce or annulment, and to acquiring subsequent relief, such as financial settlements and custody, in accordance with their religious beliefs. To respond to these overlapping barriers, this paper analyzes forms of Islamic legal authority to grant religious divorce or annulment, and to mediate or arbitrate corollary relief using religious law. The paper concludes with recommendations for a holistic framework to settle family disputes in compliance with Islamic law and in a legally enforceable manner.
43
Peers, Steve. "Divorce, European Style: The First Authorization of Enhanced Cooperation." European Constitutional Law Review 6, no. 3 (October 2010): 339–58. http://dx.doi.org/10.1017/s1574019610300022.
Full textAbstract:
Council Decision of July 2010 to authorize enhanced cooperation for the first time – Planned Regulation on conflicts of law in divorce – Analysis of the application of the substantive and procedural rules applying to the authorization of enhanced cooperation in this case – Links between the planned legislation on this issue and other EU or international rules on related topics – Broader impact of the decision upon the EU legal order
44
Glos, George E. "The Belgian Law of Affiliation." International Journal of Legal Information 16, no. 1 (1988): 1–15. http://dx.doi.org/10.1017/s0731126500021508.
Full textAbstract:
Belgium has a new law on affiliation. It was enacted on March 31, 1987, and replaced the existing provisions in Book I, Title VII, of the Civil Code. The new provisions are contained in articles 312 including 341 of the Civil Code. The parent-child relationship has, however, further ramifications in other parts of the Civil Code dealing with certificates of the civil status, missing persons, marriage, divorce, parental authority, minority, guardianship and emancipation, successions, and gifts inter vivos and wills, which were also amended to reflect the new concepts. Further necessary modifications were made in the Judiciary Code, the Criminal Code, and in some other existing legislative texts. The new legislation also has extensive transitory provisions. In addition, the pertinent modifications affecting adoption were made in the Law of April 27, 1987, Modifying Several Legal Provisions Concerning Adoption, and a new law, the Law of May 20, 1987, Concerning the Abandonment of Minor Children, further improved the standing of children.
45
Sebriyani, Yeni. "Perlindungan Hukum Terhadap Anak dalam Perceraian Menurut Perspektif Hukum Keluarga Islam." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 5, no. 2 (October 30, 2023): 1967–76. http://dx.doi.org/10.37680/almanhaj.v5i2.3822.
Full textAbstract:
The purpose of writing this paper is to examine the concept of legal protection of children in divorce according to the perspective of Islamic family law. By using normative law which is classified as literature research through the collection, evaluation, and analysis of library sources such as books, jurnal, and legislation related to the law of how children divorce according to the perspective of Islamic family law. This study aims to understand child custody, the conditions of nanny, as well as the views of various schools in Islam related to this issue. The results of the analysis are used to construct a narrative about the principles of legal protection of children in divorce according to Islamic Family Law and can have policy implications. The result of this work is a) In Islam, children are considered a gift and have a variety of statuses, with special rights that include income and education. The importance of respecting and protecting the rights of children, including children out of wedlock, are core values in Islamic teachings. b) Protection of children's rights in divorce situations, in particular custody, is an important aspect that emphasizes the need to ensure the welfare of the child and the cooperation of parents to protect those rights.
46
Borovyk, K. V., and M. O. Reznikova. "Problematic issues of divorce in court." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 61–65. http://dx.doi.org/10.24144/2788-6018.2022.03.11.
Full textAbstract:
The article examines the problematic issues of judicial divorce. Conflicting, contradictory, unresolved issues of legislative regulation of this procedure are identified, which were established on the basis of the analysis of court practice, in orderto improve the mechanism of divorce. Collisions of legal regulation of dissolution of marriage in court procedure are identified. The institution of marital reconciliation and its consequences for the divorce process between spouses are analyzed. Yes, it hasbeen determined that in practice, divorce in legal proceedings is very often used as a «circumvention» of divorce in the order of separate proceedings on the joint application of the spouses (due to clauses «d» and «o» of clause 3 of Article 3 of the Decree of the CMU «On State Duty» dated January 21, 1993), and the reconciliation procedure as prolonging the divorce process. The analysis of court practice proved that this mechanism does not contribute to the continuation of marital and family relations. Itwas concluded that, on the one hand, the legislator is interested in speedy consideration of such socially significant categories of cases as divorce, on the other hand, there are still gaps in the legislation that allow this process to be delayed. It is alsodetermined that Article 4 109 of the Family Code of Ukraine is conflicting, and the analysis of the norms of the Code of Civil Procedure, which establish and determine the procedural order of consideration of cases in courts, made it possible to conclude that the Code of Criminal Procedure does not establish special (shortened) terms for consideration of certain categories of cases in court, because in the aggregate, the terms consideration of the merits of the case in accordance with the legislation cannot guarantee a person who has applied to the court for the protection of his violated, disputed or unrecognized right of prompt resolution of the problem and contradict the norms of family legislation. The authors provided suggestions forimproving the national legislation and eliminating the above-mentioned conflicting norms.Based on the results of the analysis, the authors came to the following conclusions: 1) in order to encourage spouses to apply to a notary public with a statement on the conclusion of an agreement on alimony for a child, it is advisable to introducean exemption for parents from paying state duty when certifying such agreements by analogy with paragraph 3, Part 1, Article 5 of the Law on Court Fees, 2) by analyzing the judicial practice regarding granting spouses a period for reconciliation, it canbe concluded that, unfortunately, the institution of reconciliation does not lead to the expected results of preserving family relations, but contributes to prolonging divorce proceedings. Therefore, we propose to exclude Article 111 of the Family Code ofUkraine and Part 7 of Art. 240 of the Civil Procedure Code of Ukraine, 3) in order to eliminate the conflict between civil and family legislation, we propose to set out Part 4 of Article 109 of the Civil Procedure Code of Ukraine in the following wording: «the court considers the case of divorce within the time limits established by the Civil Procedure Code of Ukraine...».
47
Terec-Vlad, Loredana. "The Divorce. Comparative View between Old and Current Regulations - Social Significance." Journal for Ethics in Social Studies 5, no. 1 (September 2, 2022): 36–44. http://dx.doi.org/10.18662/jess/5.1/40.
Full textAbstract:
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 into force of the New Civil Code, things have changed considerably. At the same time, when it comes to divorce and marriage, in European law only the right to conclude a marriage is protected, but the right to divorce is non-existent.
48
Nur, Efa Rodiah, Fathul Mu’in, and Hamsidar Hamsidar. "The Reconstruction of The Livelihood Concept from A Mubādalah Perspective in Lampung Province." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 7, no. 3 (November 30, 2023): 1897. http://dx.doi.org/10.22373/sjhk.v7i3.17613.
Full textAbstract:
The laws and regulations in Indonesia exhibit gender bias, resulting in a rise in divorce cases within the Religious Courts. This can be attributed to the prevailing perception among women that the burden for sustaining livelihoods lies mostly with their husbands. This case pertains to the challenge of formulating legislation that effectively incorporates the notion of livelihood reconstruction while avoiding any gender biases. The objective of this study is to provide a re-evaluation of the notion of livelihood in order to facilitate the development of novel legal products that are more suited to meet contemporary demands. This is qualitative research, wherein data was collected from the Religious Courts in Lampung and subsequently examined through the use of the mubādalah theory. The present study has identified that the prevalence of divorce in Lampung may be attributed to the provisions outlined in Law no. 1 of 1974 and Compilation of Islamic Law (KHI). These legal provisions alone mandate husbands to provide financial support, hence leading to the increased occurrence of divorce. The implementation of these two legislation led to a notable rise of 34.25% in the occurrence of contested divorces within the Province of Lampung. This increase can be attributed to several grounds, including income-related issues accounting for 41.3%, disagreements and domestic violence contributing to 33.3%, and other miscellaneous variables comprising 28% of the overall increase. The promotion of family resilience entails the establishment of a symbiotic partnership between spouses, thereby reinforcing the husband-wife paradigm. This entails the implementation of rights and responsibilities, particularly in relation to income, to foster interdependence and mutual support within the marital union. The novelty of this study is in the ability of the idea of mubādalah to establish a connection between husbands and wives, enabling them to fulfil their respective rights and obligations, particularly in terms of partnership and mutual support within the context of cohabitation.
49
Kholidah, Muhammad Ridho, Sobhan, and Mahyudin Ritonga. "Violation of Women's Rights on Divorce: Study on Religious Court Decision." Journal of Law and Sustainable Development 11, no. 6 (September 12, 2023): e1230. http://dx.doi.org/10.55908/sdgs.v11i6.1230.
Full textAbstract:
Objective: This study aimed to show the causes of post-divorce violations of women's rights and the implications of religious court decisions on women which violate their rights. This objective is based on the fact that various problems in marriage cause women to sometimes file for legal divorce from their husbands. However, religious court decisions on divorce have violated women's rights, both the right to maintenance and mut'ah.
Theoretical Framework: Divorce and its settlement in religious courts in Indonesia have problems that sometimes disadvantage women.
Method: The research was conducted with a qualitative approach, this is based on the data studied which are facts and documents related to religious courts on divorce. This study used two data collection methods, namely documentation of Religious Court decisions through directories and interviews.
Results and Conclusion: The decision was confirmed to informants through interviews with a number of judges and women as plaintiffs. Based on the results, the Religious Court decision on divorce violating women's rights produces poverty and life stress for women. Women do not get justice because the Religious Court decision creates gender bias. Therefore, it takes courage from judges in deciding divorce cases to realize 3 legal objectives and a legislative review of several articles in Law on Marriage for the reformulation of Islamic Family Law in Indonesia.
Research Implications: The results of the study have implications for changes in religious court decisions on divorce, so that they are no longer detrimental to divorced wives.
Originality/value: Changes in the religious court system towards the problem of divorce are urgently needed, the fulfillment of the rights of wives who are victims of divorce must be the main aspect to be considered by judges.
50
Mamashela, Mothokoa. "The History of The Creation of The Customary Law of Marriage and Divorce in The Natal Colony, Zululand and Kwazulu From 1869 To 1985." Fundamina 27, no. 2 (2021): 1–37. http://dx.doi.org/10.47348/fund/v27/i2a1.
Full textAbstract:
This contribution discusses the creation of an official, colonial version of the customary law of marriage and divorce in the Natal colony and Zululand by the colonial administration. Traditional African institutions, hereditary traditional leaders and their courts were replaced with magistrates and British officials at public and administrative levels. Customary law was codified, thus robbing it of its diversity, flexibility and dynamism. In traditional customary law a marriage was constituted in several ways: arranged, forced, woman to woman, sororate and levirate marriages occurred. However, the Natal colonial administration prohibited these types of marriages, viewing them as repugnant to the administration’s sense of morality and justice. A customary marriage was also family-centred and processual; it united two families and not only two individuals, and it took a long time to come into existence. This characteristic of a customary marriage was also drastically changed by the Natal colonial administration by removing it from the purview/control of the family to the individuals themselves in that the bride and groom were encouraged to choose their partners and to give their consent freely to their own marriage. Marriage and divorce were individualised and the couple’s families were gradually left out. The principle regarding irretrievable breakdown of a marriage was replaced with the guilt principle. In addition, five common-law grounds for divorce were introduced into the customary law of divorce, and the inquisitorial procedure was replaced with the adversarial one. Patriarchy, one of the tenets of customary law, was diminished through legislation that whittled down the excessive powers that fathers had over their children. The legislation sought to endow women and children with basic human rights and the gradual recognition of their property rights. Colonial administrative changes meant that polygyny and ilobolo were discouraged; that marrying more than one wife was seen as enslavement of women; and that the transfer of ilobolo was misinterpreted as the selling of women.