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Journal articles on the topic 'Divorce remedy'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Enghariano, Desri Ari. "PANDANGAN HUKUM ALI AS-SHOBUNI TENTANG PERCERAIAN." Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan 7, no. 2 (2022): 262–75. http://dx.doi.org/10.24952/almaqasid.v7i2.4732.

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In this era of covid-19, divorce does not only happen to ordinary muslim household or celebrities. But also happens to the household of scholars who become public figures for the people. There is even a famous cleric who has dropped three divorces on his wife and there is also a popular cleric who divorced his wife in a relatively short marriage age, so that these problem has implications for the emergence of a negtive stigma against them. The fact is that for some people, divorce is the last alternative to end marriage. According to them, divorce is something that is taboo, disgraceful, and e

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M. Sirojudin Siddiq, M.H. "Penentuan Massa Iddah Bagi Istri yang di Talak di Luar Sidang Pengadilan Agama." Al Qadhi : Jurnal Hukum Keluarga Islam 1, no. 1 (2019): 48–57. http://dx.doi.org/10.47902/alqadhi.v1i1.17.

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Abstract In the fiqh the determination of the beginning of the period 'iddah depends on the condition of the woman when divorce occurs in a sacred state while menstruating, has been collected during the holy period or not menstruating. menstrual women divorced during menstruation or who have gathered at the time of divorce 'the iddah began to be counted in the aftermath of the holy period. And for women who are not menstruating,' the date is calculated from the day of the fall. In KHI ‘iddah is calculated since the divorce determination has a permanent legal force. Determination of perma

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Zhou, Xiaozhang. "Gender Inequality in the Divorce System: Taking Property Division as the Starting Point." Transactions on Social Science, Education and Humanities Research 12 (August 29, 2024): 73–79. http://dx.doi.org/10.62051/r5saxz12.

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Both the legislature and the public gradually realized the significance of divorce autonomy, which is thought to be the progress of the law-based society and shows the increasing awareness of protecting women’s rights. With the change from fault-based divorce to “no-fault” divorce, certain plight had been solved, providing people with more remedy approaches to get rid of painful marital relationships. However, statistics show that related provisions have not functioned well in the judicial practice. Regulatory research figured out that there existed a confusion of related issues in the divorce

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Young, Shawna M. "The Precarious Position of Same-Sex Divorce in Texas." Texas A&M Law Review 1, no. 3 (2014): 779–800. http://dx.doi.org/10.37419/lr.v1.i3.10.

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Currently, same-sex couples that are legally married in a jurisdiction that recognizes same-sex marriage may not be able to divorce if they move to Texas. Of the few cases tried in Texas, most courts refused to grant the samesex divorce because the courts refused to recognize the underlying marriage. Because these couples cannot simply return to the granting state due to most states’ divorce residency requirements, they cannot divorce and face untold issues due to this inability. While Texas does offer the opportunity for the couple to declare the marriage void, declaring the marriage void is

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Basch, Norma. "Relief in the Premises: Divorce as a Woman's Remedy in New York and Indiana, 1815–1870." Law and History Review 8, no. 1 (1990): 1–24. http://dx.doi.org/10.2307/743674.

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When Thomas Jefferson assessed the pros and cons of legalizing divorce before the American Revolution, he came out firmly on the side of divorce. “No partnership,” he declared, in a rationale that prefigured the Declaration of Independence, “can oblige continuance in contradiction to its end and design.” Among the few misgivings he had, however, was the problem of dividing marital assets, and while he was convinced a man could get a wife at any age, he was concerned that a woman beyond a certain age would be unable to find a new partner. Yet he envisioned divorce as a remedy for women. A husba

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Nissel, Sarah M. "Execute Justice and Charity for Your People: Jewish Divorce Mediation as a Model for Intrareligious Peacekeeping." Religions 16, no. 1 (2025): 45. https://doi.org/10.3390/rel16010045.

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This article explores the complex issue of disharmony within religious marriages, focusing on Jewish approaches to divorce. Contrasting Jewish divorce mediation with other religions’ approaches to marital conflict, this article examines two Judaic models: one viewing divorce as a severe remedy permissible only under certain circumstances, and the other allowing for divorce when a marriage is irreparably broken. The author highlights the positive Jewish commandment to peacefully divorce, discussing how mediation integrates compassion and justice, in line with Jewish legal and ethical traditions

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Jitendra, Sunte. "An Approach of Remedy for Controlling Yamune Divorce Statistics." Journal of Advances in Experimental Therapeutics and Neurotherapeutics 3, no. 1 (2025): 34–36. https://doi.org/10.5281/zenodo.14868964.

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<em>In modern days controlling of divorce is not  easy task but it will be avoided as this controlling is scientific way and repelling is to be managed, avoided, and finally, an alternate approach is to be made before marriage and during the process. All these factors are to be understood, and mainly chief is YAMUNE, and one male yamune married with another female yamune, in this case the sister of male yamune, also married with another yamune; then this type of situation yields divorce, death, and finally one person may be male or female yamune, definitely dead. In these types of crossov

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Savage, Gail. "They Would if They Could: Class, Gender, and Popular Representation of English Divorce Litigation, 1858-1908." Journal of Family History 36, no. 2 (2011): 173–90. http://dx.doi.org/10.1177/0363199011398587.

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A systematic sample of the petitions presented to the English Divorce Court from 1858 through 1908 makes it possible to assess the differential contribution of discrete social and economic subgroups to the litigation the Court oversaw. An examination of four of these—the titled aristocracy, those employed in the theater, those in receipt of financial aid, and laborers—shows that English divorce litigants exhibited a broader social profile than commonly attributed to it by the newspaper coverage of divorce litigation, which gave a skewed impression of its social profile. Analysis of these cases

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Jemilat, Yusuf, and Muraina Kamilu Olanrewaju. "Reality Therapy: an Approach for Handling the Psycho-Social Challenges Confronting Divorcees in Nigeria." Indonesian Journal of Educational Counseling 6, no. 1 (2022): 8–18. http://dx.doi.org/10.30653/001.202261.167.

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The house is the bedrock of any society. Risky domestic therefore results in risky society. Divorce in marriages and the consequent impact, a part of which might be anger, inferiority complex, mistrust, stigmatization, discrimination, emotional overload, loneliness, guilt, depression and so forth, are most of the maximum urgent problems going through human society nowadays. However, as painful as this reality is, this situation absolute confidence requires the attention of professional counsellors. This paper therefore evaluations the psycho-social demanding situations confronting divorcees an

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Payne, Julien D. "Child Support Orders under the Divorce Act, 1985." Revue générale de droit 23, no. 4 (2019): 483–517. http://dx.doi.org/10.7202/1057023ar.

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Although spousal support has evoked extensive commentary in diverse law reviews, child support has attracted relatively little attention. The following analysis is intended to remedy that omission. It provides an up-to-date and comprehensive review of the child support under the Divorce Act, 1985. After writing this paper, the author formulated the following ten basic rules of child support and one forecast.

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Dallmayr, Fred R. "Beyond autistic politics." Philosophy & Social Criticism 43, no. 10 (2017): 987–97. http://dx.doi.org/10.1177/0191453717695854.

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Western modernity is frequently praised as a process of emancipation liberating individuals from external tutelage. While in the early phases of modernity, individual autonomy was still socially nurtured and embedded, subsequent developments put the premium steadily on negative liberty, thus pushing individuals into private self-enclosure. Autonomy thus became divorced from social and political agency. In psychoanalysis such divorce is called autism or narcissism. The article first examines Zygmunt Bauman’s discussion of the pathology in his The Individualized Society. Next to show the progres

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Ristianawati, Eka. "Problematika Cerai Ghoib dan Upaya Hukumnya." Jurnal Syntax Admiration 5, no. 8 (2024): 2938–48. http://dx.doi.org/10.46799/jsa.v5i8.1388.

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The purpose of this study is to review what are the problems in ghoib divorce and how legal remedies can be taken by the defendant/respondent against the ghoib divorce decision. The type of research used is descriptive. This means that the research will be discussed in the form of a presentation that is elaborated carefully and thoroughly. In this case, the explanation of Ghoib's divorce begins with the conditions, summons, trials, and legal remedies against Ghoib's divorce decision. The result of this study is that, in the technical delivery of the summons, there may be mistakes or negligence

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Makinara, Ihdi Karim, Jamhuri Ungel, and Fitrah Arrazi. "Physical Handicap as a Reason for Divorce: Case Study at the Sharia Court, Banda Aceh, Indonesia." El-Usrah: Jurnal Hukum Keluarga 6, no. 2 (2023): 318. http://dx.doi.org/10.22373/ujhk.v6i2.7836.

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In the city of Banda Aceh, Indonesia, divorce is permissible in some circumstances including physical infirmities, such as when a husband experiences an erectile dysfunction. Under the Islamic law, divorce is permissible and the woman has the right to initiate divorce proceedings and pursue legal action. This study aims to examine the perspectives of judges at the Banda Aceh Syari'iyah Court regarding divorce cases involving individuals with physical disabilities. This study scrutinizes the practical legal methods employed by analyzing them from the perspective of the Islamic family law princi

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Bostan, Ina. "THEORETICAL-PRACTICAL ANALYSIS OF DOMESTIC REGULATIONS OF REPUBLIC OF MOLDOVA IN THE MATTER OF DIVORCE." Journal of Social Sciences III (3) (September 1, 2020): 121–33. https://doi.org/10.5281/zenodo.3971982.

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The last decades brought essential changes in society in general, and in the family in particular. Family models, once so marginal to society, are becoming more widespread in our country, marital relations becoming much more unstable. Thus, from year to year, increases the number and share of divorces, children born out of wedlock, family formation and childbirth are postponed to a more mature age. Unlike Western Europe, in the former Soviet countries, including Republic of Moldova, the transformation of the family took place on the background of the socioeconomic crisis, which caused worsenin

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Olaleye, Samuel Kayode. "Marriage by Proxy: A Remedy to Divorce and Single Parenting as Presented in Ifá Ogbèdí Divination Poetry." Yoruba Studies Review 8, no. 1 (2023): 53–65. http://dx.doi.org/10.32473/ysr.8.1.134086.

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Marriage is an important aspect of life in Africa and other nations around the world. In Africa, particularly among the Yorùbá, marriage institution is sacredly ordained by Olódùmarè for the purpose of procreation and mutual help. Therefore, anyone in the society that has attained marriageable age is expected to marry notwithstanding any form of deformity. However, it is unfortunate that the institution of marriage in the world today is facing a lot of hitches leading to divorce, and eventually, single parenting. In the past, marriage by proxy, which means marriage that follows due proces

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Albertus, Latiefa. "Has the Balance been Struck The Decision in Johncom Media Investments Limited v M 2009 4 SA 7 (CC)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 1 (2017): 215. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2555.

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The case of Johncom Media Investments Limited v M 2009 4 SA 7 (CC) required of the Constitutional Court to strike a balance between the rights to privacy and the right to freedom of expression as a consequence of section 12 of the Divorce Act 70 of 1979. According to the Court, it felt that the "remedy" it provided was the best under the circumstances. However, there are certain concerns regarding the Court’s judgment which require clarification, possibly through legislative intervention

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Jitendra, Sunte. "Scientific Reason for Divorce in Couples of Marriage Life." Journal of Applied Nursing Research and Education 3, no. 2 (2025): 35–38. https://doi.org/10.5281/zenodo.15516598.

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<em>In the day-to-day present scenario in social life, divorce is going to see a lot of statistics. This is a bad remark in social life; however, one needs to resolve the issue and make it into a balanced situation. In the current scenario, there will be a lot of records of marriages that break up and lead to divorce. In this paper one can identify the major reason for the problem and rectify the same issue through the scientific way. In understanding the universe, there will be 360-degree artificial neural networks whose origin and destination are from the bottom lower sky and the top upper s

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Gupta, Lucky. "Mahasweta Devi's The Divorce: Search for Alternativ." Dialogue: A Journal Devoted to Literary Appreciation 18, no. 1 (2022): 87–95. http://dx.doi.org/10.30949/dajdtla.v18i1.18.

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    Globalization is a specter hunting the world today. It is a buzzword of the moment as it is used almost in every field of human endeavour. Globalization as a concept is breaking into different discourses because it has changed the patterns and dynamics of viewing other social, economic, political culture and psychological happenings around the world. This is because through its technological enforcer, Information Communication Technology (ICT) brought individuals, groups and nations closer to each other than ever before. It is a phenomenon by which the experience of

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BOLARINWA, Adebayo Oluwasegun, and Jacob Kehinde AYANTAYO. "Pastoral Counselling: Panacea for the Divorce in the 21st Century Nigeria." Pastoral Counsellors: Journal of Nigerian Association of Pastoral Counsellors 3, no. 1 (2024): 193–200. https://doi.org/10.5281/zenodo.11370938.

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One of the major institutions traceable to the early age of man and based on the Biblical narrative is the institution of marriage. It is not disputable that God instituted marriage from the inception of Adam and Eve which is seen in their union in the Garden of Eden. As such, Marriage in this context is based on the divinely ordained format of one man and one woman coming together in union to build a home. But as against the Biblical position and injunction on marriage which is to stand the test of time and to last “till death do us part”, many homes in the 21<sup>st</sup> century

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Elshaigi, Suaad Bint Mohamed. "Influences of Divorce and Children’s Child-Care (Nafqah) (Pengaruh Perceraian Dan Penjagaan Kanak-Kanak (Nafqah))." Journal of Islam in Asia (E-ISSN: 2289-8077) 14, no. 2 (2017): 263–82. http://dx.doi.org/10.31436/jia.v14i2.614.

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Abstract Divorce is one of the disliked permissible acts. It is only recommendable when there are no other solutions left to remedy the demolishing marriage. For some divorce loving husbands, divorce is a means to take revenge, or to express anger, or to replace wives. These disliked acts in Islam make it worse, when the divorcing husbands run away from their responsibility to pay the child-care for his children his own flesh and blood. This paper looks into the psychological and behavioral effects of divorce on children, children’s child-care, its philosophy, its shariah rulings, its am

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Sharma, Lokinder. "A Case for Statutorily Recognition of Irretrievable Breakdown of Marriage." International Journal of Law and Society 7, no. 3 (2024): 107–11. http://dx.doi.org/10.11648/j.ijls.20240703.12.

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Since antiquity, the concept of union in Hindu marriage has always been considered sacred and indissoluble. The Shastri-religious understanding of Hindu marriage is that heavenly-made unions are merely united and tied into a knot on this earth. Hence, once the union is formed, and the ceremonies and rites concluded, there is no scope for a couple to seek “divorce”. The traditional concept of Hindu marriage, although altered by India&apos;s post-colonial enactment of the Hindu Marriage Act in 1955 (“the Act”), aimed to reflect the country&apos;s identity as a liberal constitutional demo

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S., Mariappan* &. Dr. V. Kotravel**. "ASTROLOGICAL REASONS FOR REMARRIAGE IN FEMALE'S HOROSCOPES." International Journal of Advanced Trends in Engineering and Technology (IJATET) 7, no. 2 (2022): 20–23. https://doi.org/10.5281/zenodo.7488170.

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23

Dwivedi, Anil. "Maintenance of Hindu Women." ANVESHA-A Multidisciplinary E-Journal for all Researches 3, no. 1 (2022): 10–17. http://dx.doi.org/10.55183/amjr.2022.vo3.lsi.01.003.

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The main reason behind the concept of Maintenance is to see that if one of the spouses is not independent financially so the other spouse help him/her in order to make the living of another person possible. In case of divorce or in the case where both the partners are not living together, the spouse who is financially dependent on the other spouse can seek the remedy of maintenance. So that she/he can maintain their life as when they lived together. Generally, Maintenance is the amount which the husband pays to his wife after divorce or the amount which the family member of the husband pays to

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Rahmiati, Rahmiati, and Elfiani Elfiani. "Esensi Tenggang Waktu Sidang Ikrar Talak di Pengadilan Agama Bukittinggi." Al Hurriyah : Jurnal Hukum Islam 5, no. 2 (2020): 146. http://dx.doi.org/10.30983/alhurriyah.v5i2.3295.

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<p><em>This research is motivated by the decree in article 70 of Law act. 7 of 1989 regarding of the Religious Courts which regulates a grace period of 6 (six) months for witnessing a divorce pledge trial at the Religious Court. of setting this rule. The purpose of this study is to determine the implementation of the talak pledge trial at the Bukittinggi Religious Court as well as to know the wisdom of determining the 6 (six) month grace period for pronouncing the divorce vows by the husband against the wife in front of the Religious Court. This paper uses descriptive field researc

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Rahmiati, Rahmiati, and Elfiani Elfiani. "Esensi Tenggang Waktu Sidang Ikrar Talak di Pengadilan Agama Bukittinggi." Al Hurriyah : Jurnal Hukum Islam 5, no. 2 (2020): 146. http://dx.doi.org/10.30983/alhurriyah.v5i2.3295.

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<p><em>This research is motivated by the decree in article 70 of Law act. 7 of 1989 regarding of the Religious Courts which regulates a grace period of 6 (six) months for witnessing a divorce pledge trial at the Religious Court. of setting this rule. The purpose of this study is to determine the implementation of the talak pledge trial at the Bukittinggi Religious Court as well as to know the wisdom of determining the 6 (six) month grace period for pronouncing the divorce vows by the husband against the wife in front of the Religious Court. This paper uses descriptive field researc

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Radvanová, Senta. "Rozvod manželství v československém právu." AUC IURIDICA MONOGRAPHIA 1966, no. 4 (2025): 3–105. https://doi.org/10.14712/30297958.2025.5.

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The first chapter of this study on divorce in Czechoslovak law deals with some general questions. It deals first with a problem which is, according to the opinion of the author, worth of interest and which is constituted by the mode of conceiving in the legal norm, the conditions of the dissolution of the marriage. What solution does the legislator give to the legal problem, represented by the dissolution of the marriage in the countries, where such a dissolution of the marriage by a decision of the court is admitted by the law? The corresponding solutions are very different, both as far as th

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NIZAMIEVA, O. N. "THE CORRELATION BETWEEN LAWSUIT ON RECOGNITION AS INVALID OF THE ACT OF CIVIL STATUS AND CLAIM ON ANNULMENT OF CIVIL ACT RECORD." Herald of Civil Procedure 11, no. 6 (2022): 140–53. http://dx.doi.org/10.24031/2226-0781-2021-11-6-140-153.

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The personal non-property and property rights infringed by the entering of the civil act record are considered in the article. The necessity of the research is based on the absence of the proper legal regulation of the contestation and annulment of the civil act record, effected on the basis of the false documents without the required by law will of a person to registration of the act of civil status. There was undertaken the analysis of the law enforcement practice on annulment of act records of birth, death, marriage, divorce as well as of establishment of paternity. There were indicated the

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Kotaba, Katarzyna. "Książki Barbary Gawryluk lekarstwem na problemy duszy." Paidia i Literatura, no. 3 (December 31, 2021): 1–10. http://dx.doi.org/10.31261/pil.2021.03.14.

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This article is an attempt to examine whether literature can be a remedy for the problems faced by children of different ages. The report Children’s rights from the perspective of children, parents and teachers was published in 2019 by UNICEF Polska. It has been used to diagnose the reasons for unhappiness among children aged 12—17. Among the reasons are: school and education, relationships with loved ones, relationships with peers. In her article, Katarzyna Kotaba refers to such authorities as Irena Borecka, Maria Molicka, and Bruno Bettelheim and to their unanimous opinion that good and valu

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Jitendra, Sunte. "Obstacles in Marriage as Scientific Process in Human life." Journal of Advances in Experimental Therapeutics and Neurotherapeutics 3, no. 2 (2025): 1–3. https://doi.org/10.5281/zenodo.15584113.

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<em>There will be strong evidence for process in attraction in any love marriage or any arranged marriage process. These natural or artificial attractions are making use of processes in marriage. However attraction may be through natural kinds of herbs or God-given—any kind of attraction will lead to the bonding between girl and boy. In today's competitive and jealous world, some common obstacles are in the form of repulsion between the DNA and RNA of a girl and a boy, and also in sex-related organs like Venus and chemistry liquids like Jupiter, which make the perfect combination of male

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Nabila Eka Pratama Putri Nurhidayat and Indratirini Indratirini. "Urgensi Perjanjian Perkawin dalam Upaya Suami atau Istri Tidak Terpenuhinya Kewajiban Atas Harta Bersama." ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 2 (2024): 208–16. http://dx.doi.org/10.59246/aladalah.v2i2.813.

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The legal consequence of a marriage is that the wife's property becomes the husband's property, and vice versa, this is the beginning of what is called joint property. However, there are efforts to separate inherited assets between the husband's assets and the wife's assets. The Marriage Agreement between Mr. PAT and Mrs. P is about the husband's obligations and the wife's rights, such as when the marriage takes place, objects that are not in the husband's name become the property of the wife. The formulation of the problem that arises is whether the legal recourse if joint property objects wh

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Bonthuys, Elsje. "Public Policy in Family Contracts, Part II: Antenuptial Contracts." Stellenbosch Law Review 32, no. 1 (2021): 3–23. http://dx.doi.org/10.47348/slr/v32/i1a1.

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This, the second part of an article on public policy in contracts between family members, focuses on legality in antenuptial contracts, particularly those which exclude all forms of sharing between spouses. The Matrimonial Property Act 88 of 1984 is now 35 years old and, apart from writing, it neither requires formalities to ensure that prospective spouses who enter into antenuptial contracts fully appreciate the consequences of their agreements, nor does it guarantee that the agreed upon property system is fair to both spouses. Instead, the focus is upon protecting the interests of third part

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Tromp, Marlene. "GWENDOLEN’S MADNESS." Victorian Literature and Culture 28, no. 2 (2000): 451–67. http://dx.doi.org/10.1017/s1060150300282120.

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Grandcourt threw himself into a chair and said, with undertoned peremptoriness, “Sit down.” She, already in the expectation of something unpleasant, had thrown off her burnous with nervous unconsciousness, and immediately obeyed . . . “Oblige me in future by not showing whims like a mad woman in a play.” (502; ch. 36; emphasis added)NOVELISTIC HEROINES, like Gwendolen in George Eliot’s Daniel Deronda, become trapped in a complex network of social contradictions when they face the threat of marital violence in a world where such violence was thought not to exist — the middle and upper classes.

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Sonnekus, JC. "Regterlike herverdelingsdiskresie vir batedeling by egskeiding beleef ’n heropstanding ondanks grondwetlike bedeling téén arbitrêre ontneming sonder vergoeding." Tydskrif vir die Suid-Afrikaanse Reg 2022, no. 4 (2022): 603–39. http://dx.doi.org/10.47348/tsar/2022/i4a1.

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The recognition of and respect for the party autonomy of every legal subject of majority not limited by any personal cognitive handicap is part and parcel of the foundation of an orderly legal community governed by the rule of law. “Making rules of law discretionary or subject to value judgments may be destructive of the rule of law” (Bredenkamp v Standard Bank of South Africa Ltd 2010 4 SA 468 (SCA) 481E). The discretionary power of a divorce court under section 7(3) of the Divorce Act 70 of 1979 stems from before the current constitutional dispensation. Almost thirty years after the acceptan

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De Jong, M. "Arbitration of family separation issues – a useful adjunct to mediation and the court process." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 6 (2014): 2356. http://dx.doi.org/10.4314/pelj.v17i6.04.

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For over half a century now, section 2(a) of the Arbitration Act 42 of 1965 has prohibited arbitration in respect of matrimonial and related matters. In this article it will be illustrated that this prohibition is clearly incompatible with present-day demands. Today there is a strong tendency in public policy towards alternative dispute resolution processes such as arbitration. As any recommendations that arbitration should be applied to family law disputes must be anchored in an analysis of the specific character of the arbitral remedy, the article begins by giving a broad overview of the nat

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Cabello Matamala, Carmen Julia. "Divorcio ¿remedio en el Perú?" Derecho PUCP, no. 54 (December 1, 2001): 401–18. http://dx.doi.org/10.18800/derechopucp.200101.014.

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Abdul Razak, Mohd Abbas, Sayed Sikandar Shah Haneef, and Mek Wok Mahmud. "The Role of Custom in Managing Child Custody: A Juridico-Psychological Analysis in Local Context (Peranan Adat dalam Menguruskan Penjagaan Anak: Satu Analisis Psikologi-Fiqh dalam Konteks Tempatan)." Journal of Islam in Asia (E-ISSN 2289-8077) 17, no. 3 (2020): 134–49. http://dx.doi.org/10.31436/jia.v17i3.989.

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Child custody is one of most important matters in managing the after effects of divorce as far as their impact on the child is concerned. Guided by the general principles of the Qur’an and Sunnah on parenting and parental role, classical jurists developed their own theory of managing such impacts in tandem with what was realistically working for their time and environment. With the changes in the pattern of parenting and traditional family structure in societies like Malaysia, it is suggested the fiqh of child custody has to be relevantised so as to result in minimizing debilitating after effe

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Atrey, Shreya. "Grounds of Affirmative Action." Human Rights Quarterly 47, no. 2 (2025): 189–211. https://doi.org/10.1353/hrq.2025.a958148.

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ABSTRACT: On what grounds is affirmative action permissible? The apex courts of two of the world's largest democracies have recently answered this question in seemingly diametrically opposite ways. In the case of India, the Supreme Court expanded the list of grounds of affirmative action to include economic status. In the case of the United States of America, the Supreme Court retracted its support for affirmative action based on race. Despite what may seem like contradictory positions, both courts undid affirmative action as a remedy for discrimination. The article explores how the courts' fu

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Inchauste García, Shirley. "Proceso de terapia sistémica individual en una mujer de 54 años de edad, divorciada y colusionada con su ex esposo." Revista AJAYU 20, no. 1 (2022): 197–221. http://dx.doi.org/10.35319/ajayu.201120.

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El presente estudio de caso permite conocer la colusión que está viviendo una paciente de 54 años, divorciada desde hace tres años. Se puede percibir que en su historia familiar la descalificación de la madre y la indiferencia del padre coadyuvan a que la paciente desarrolle trastorno dependiente de la personalidad que luego al formar pareja llega a colusionar con un trastorno narcisista de la personalidad. Es así que convive por alrededor de veinticinco años hasta que un día su esposo le dice que ya no la ama y que lo mejor sería que se divorcien. Ante la noticia queda devastada pero no le qu

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Coronado Gamarra, Liliana. "Influencia de la obligación legal de indemnizar al cónyuge perjudicado en la duración y tramitación del proceso de divorcio por «causal de separación de hecho», provincia de La Convención, Cusco 2009-2012." Yachay - Revista Científico Cultural 6, no. 01 (2018): 192–211. http://dx.doi.org/10.36881/yachay.v6i01.40.

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Objetivo general: Determinar si la obligación legal de indemnizar al cónyuge perjudicado, influye en la duración y tramitación del proceso de divorcio por la causal de ‘separación de hecho’, en la Provincia de La Convención, Cusco, años 2009-2012.Tipo de estudio, técnicas y métodos de investigación: Se realizó un estudio cualitativo-documental, se aplicaron técnicas de análisis bibliográfico y análisis documental de expedientes judiciales, se empleó el método funcional del derecho. Resultados: La obligación legal de indemnizar al cónyuge perjudicado influye en la duración y tramitación del pro

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García Long, Sergio. "La cláusula de aceleración en las operaciones financieras." THEMIS Revista de Derecho, no. 81 (December 15, 2022): 13–31. http://dx.doi.org/10.18800/themis.202201.011.

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El presente trabajo desarrolla la estructura contractual de la cláusula de aceleración, o vencimiento anticipado del plazo del contrato. Este pacto es típico de los contratos de financiamiento y es el remedio contractual por excelencia para recuperar el capital desembolsado y la ganancia total esperada del contrato.Aunque la ley reconoce este remedio para ciertos supuestos, la práctica contractual ha propuesto un esquema más complejo que se acomoda mejor a los riesgos involucrados en un financiamiento. Estudiar a la cláusula de aceleración permite superar el divorcio que se observa entre los r

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García, Long Sergio. "La cláusula de aceleración en las operaciones financieras." THĒMIS-Revista de Derecho 81 (February 19, 2024): 13–31. https://doi.org/10.18800/themis.202201.011.

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El presente trabajo desarrolla la estructura contractual de la cláusula de aceleración, o vencimiento anticipado del plazo del contrato. Este pacto es típico de los contratos de financiamiento y es el remedio contractual por excelencia para recuperar el capital desembolsado y la ganancia total esperada del contrato. Aunque la ley reconoce este remedio para ciertos supuestos, la práctica contractual ha propuesto un esquema más complejo que se acomoda mejor a los riesgos involucrados en un financiamiento. Estudiar a la cláus

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Smith, B. "The “leading case” that continues to confound: Badenhorst v Badenhorst 2006 2 SA 255 (SCA) and the need, in response to Justice Binns-Ward, for a nuanced approach to piercing the veneer of abused trusts at divorce (part 1)." Tydskrif vir die Suid-Afrikaanse Reg 2024, no. 1 (2024): 44–63. http://dx.doi.org/10.47348/tsar/2024/i1a4.

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Hierdie bydrae poog om die siening van regter Binns-Ward in ’n referaat wat gedurende 2022 gelewer is, waarin hy ageer dat geen Suid-Afrikaanse hof tot dusver die trustsluier vir doeleindes van die vermoënsregtelike gevolge van egskeiding gelig het nie, te beoordeel. Daar word aan die hand gedoen dat alhoewel die korrekte uitleg van die toonaangewende uitspraak in Badenhorst v Badenhorst (2006 2 SA 255 (HHA)) deur ons howe steeds onseker is, drie gevolgtrekkings bereik kan word wat lynreg indruis teenoor dié van regter Binns-Ward. Die eerste is dat die Badenhorst-uitspraak – wat oor ’n herverd

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Alp, Hayriye. "A Homeopathic Treatment İn a Female Patient with İnfertility." Obstetrics Gynecology and Reproductive Sciences 6, no. 1 (2022): 01–02. http://dx.doi.org/10.31579/2578-8965/101.

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There is a physiological balance between our systems in our body. When this physiological balance is disturbed, diseases ocur. Infertility; It is defined as not having a pregnancy despite the couples having regular sexual intercourse. Homeopathy, a natural remedy that has been used widely all over the world for 200 years system. It has been recognized by the World Health Organization (WHO) as the second largest treatment method used worldwide. Although it is the most popular form of treatment in India and South America, it is also used by over 30 million people in Europe and millions of other

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Saksena, Priyasha. "Limping Marriages: Race, Class, and the Rise of Domicile-Based Divorce Jurisdiction in the British Empire." American Journal of Legal History, August 7, 2023. http://dx.doi.org/10.1093/ajlh/njad013.

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Abstract In this article, I trace the development of domicile as the basis of divorce jurisdiction in English private international law. The maintenance of English domicile became closely related to the retention of ‘white’ identity, with white British subjects who became domiciled in non-white colonies such as India being relegated to racially ambiguous statuses. The domicile rule limited the remedy of divorce to those who were financially well-off and able to travel to the courts of the metropole since English courts refused to recognize divorce decrees granted by British Indian courts based

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Anjali and Dr Madhu Bala. "Women’s Right Of Maintenance: Role Of Judiciary." Metallurgical and Materials Engineering, June 6, 2025, 6–11. https://doi.org/10.63278/mme.v31i4.1777.

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The right to maintenance is a crucial safeguard for women, ensuring economic support and dignity, especially in cases of separation, divorce, or neglect. Under the new criminal law framework—Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the Code of Criminal Procedure, 1973—this right is preserved and continues to provide a secular, accessible remedy for women irrespective of religion or personal law. Section 144 of the BNSS, corresponding to the old Section 125 CrPC, retains the provision for maintenance to wives (including divorced wives), children, and parents. This reflect

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Balyan, Neha, and Rekha Verma. "Invocation of supreme court's Inherent jurisdiction in broken marriages." International journal of health sciences, May 9, 2022, 8465–75. http://dx.doi.org/10.53730/ijhs.v6ns2.7132.

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"Till death do us apart" the myth of perpetual bond of cohabitation in a Sacrosanct marriage has been faded with time. The social taboo attached to divorce has been diluted and has been accepted as a remedy rather than a curse. There has been a journey in divorce cases from guilt theory to consent and further to breakdown of marriage. Irretrievable Breakdown of Marriage though received the attention of Law Commission of India[1], Judiciary [2] and attempts have been made by the legislature[3] but could not be substantiated in the Family Jurisprudence of India. This paper attempts to focus upon

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Diala, Anthony C., and Jane C. Diala. "Normative intersectionality in married women's property rights in southern Nigeria." Law, Democracy and Development 24 (2020). http://dx.doi.org/10.17159/2077-4907/2020/ldd.v24.4.

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ABSTRACT The fate of marriage gifts during a customary law divorce is significant for the interaction of legal orders in sub-Saharan Africa, especially in the context of scholars' fixation with conflict of laws. In analysing this fatet, this article introduces normative intersectionality as a theoretical framework for a nuanced understanding of how laws and socio-economic forces interact in post-colonial settings. Normative intersectionality rejects a legal positivist view of rights, which neglects people's adaptation of indigenous norms to socioeconomic changes. In this sense, normative inter

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Razaana Denson. "A STEP IN THE RIGHT DIRECTION OR ADDITIONAL BURDEN FOR WOMEN MARRIED IN TERMS OF ISLAMIC LAW? Women’s Legal Centre Trust v President of the Republic of South Africa [2022] ZACC 23." Obiter 45, no. 3 (2024). https://doi.org/10.17159/q7d5xg80.

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Marriages concluded in terms of Islamic rites have until recently not enjoyed the same legal recognition that is accorded to civil and customary marriages. The non-recognition of Muslim marriages meant that there was no legal regulatory framework to enforce any of the consequences that arise as a result of the marriage. Furthermore, parties to a Muslim marriage were left without adequate legal protection when the marriage was dissolved either by death or divorce. In the absence of legal recognition and regulation of their marriages, Muslims (particularly Muslim women) endured many hardships an

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Elkhalloufi, Fahd, Saber Boutayeb, Fouzia Mamouch, Latifa Rakibi, Sanae Elazzouzi, and Hassan Errihani. "The evolution of the socio-cultural and religious characteristics of cancer patients in Morocco: case of the National Institute of Oncology Rabat." BMC Cancer 21, no. 1 (2021). http://dx.doi.org/10.1186/s12885-021-08175-y.

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Abstract Background In 2020, Morocco recorded more than 59,370 new cases of cancer and more than 35,265 cases of death (International Agency for Research on Cancer, Annual report Morocco, 2020). Cancer is always accompanied by socially constructed, differentiated, and contingent interpretations and practices according to the socio-cultural and religious characteristics of each region. The study aims at describing the evolution of the socio-cultural and religious aspects of Moroccan cancer patients followed at the National Institute of Oncology (NIO) of Rabat between 2010 and 2020. Methods We h

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Stephens, Steven Scott. "An Agency Problem Analysis Of United States Vs. Microsoft." International Business & Economics Research Journal (IBER) 1, no. 4 (2011). http://dx.doi.org/10.19030/iber.v1i4.3910.

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The Justice Department's antitrust case against Microsoft Corporation has generated considerable interest and passionate opinions, but in general is not well understood. This paper explains the legal basis and proceedings of the case in language accessible to the business community. At this writing, the appeals court has affirmed the trial court's conclusion that Microsoft violated the law in several respects, but has reversed the breakup remedy prescribed by the trial judge. Accordingly, this article examines, as a practical matter divorced from legal technicalities, whether there should be a

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