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1
Dilevko, Juris, and Keren Dali. "Reviews of Independent Press Books in Counterpoise and Other Publications." College & Research Libraries 65, no. 1 (January 1, 2004): 56–77. http://dx.doi.org/10.5860/crl.65.1.56.
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Although Counterpoise claims that it reviews books that are reviewed by other publications either infrequently or not at all, almost three-quarters of the books (74.7%) reviewed by Counterpoise are reviewed by a wide variety of other publications, including popular magazines and newspapers. Four core library review tools (Booklist, Choice, Library Journal, and Publishers Weekly) review 48.2 percent of all book titles reviewed by Counterpoise, and their reviews are favorable 74.4 percent of the time. Of the books not reviewed anywhere else except Counterpoise, more than half fall into six Library of Congress classification categories, including E (History: America), HQ (The family. Marriage. Women), HV (Social pathology. Social and public welfare. Criminology), and HD (Industries. Land use. Labor). In addition, there is a subset of titles that are frequently and positively reviewed by popular and academic publications, but not by reviewing journals commonly used by librarians.
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Krylova, Natalia L. "Marriage and Family in the East: Russian view." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 15, no. 1 (March 11, 2021): 20. http://dx.doi.org/10.18255/1996-5648-2021-1-20-35.
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The article is devoted to the peculiarities of marriage and family relations in the middle East. It is based on the reflections of a Russian woman who lived for many years in a marriage with a Syrian citizen. The Russian woman’s view on different aspects of the phenomenon of the Eastern family, ways of integrating a foreign woman into Eastern society, taking place against the background of the activation of the processes of feminization of modern Western and neighboring societies, and the diversity of forms of emancipation of women.
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Farooq, Mr Yasir, and Dr Mansha Tayyab. "IMPACTS OF PSYCHOLOGICAL AND DOMESTIC VIOLENCE ON WOMEN IN PAKISTAN: PROBLEMS & SOLUTIONS IN THE LIGHT OF ISLAMIC TEACHINGS." ĪQĀN 1, no. 02 (June 30, 2019): 1–16. http://dx.doi.org/10.36755/iqan.v1i02.45.
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Since the creation of woman, she faces many problems in her life. Different societies have their own customs and traditions. And woman faces problems regarding them. Pakistani society has its own influence and civilization which causes many problems of women. In these traditions, one of the bad behaviors is, marriage of woman on wrong time i.e. late marriage or early time marriage. In the result, at least, she faces Problems regarding dowry, Joint family system, Family disintegration, Childlessness, Propensity to violence, Effects of husband remaining alone from wife etc. On the basis of social divisions in Pakistani family system and depiction of woman issues having effects on herself, the significant and their mediation is very necessary, too. Many of these problems has Psychological impacts on woman in her domestic life. In Pakistani society where woman faces domestic and family problems, there economic problems too pester her which include greed for riches and lack of them both pester her psychologically. In this paper, above mentioned problems of women in Pakistani society has been discussed in the light of Islamic teachings.
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Thahura, Farahdiba. "Emotional maturity of early age marriage's woman." INSPIRA: Indonesian Journal of Psychological Research 1, no. 1 (June 18, 2020): 19–24. http://dx.doi.org/10.32505/inspira.v1i1.1720.
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Marriage is quite interesting to talk about more and more at this time because at this time many problems arise related to marriage because marriage is a complicated and complex thing. There are many things to be prepared for before someone decides to enter the marriage level, especially for a wife. The purpose of this study is to assess the extent of the role of emotional maturity of young wives in creating harmony in the family. Respondents in this study were women, aged 18-20 years in Aceh, marriage period of 0-3 years. The number of respondents is 2 people using qualitative research methods. The method of data collection in this study is by observation and interview using tape recorder tools and observation sheets. These internal and external factors affect whether or not the respondent is mature emotionally. This emotional immaturity is a reaction seen in every respondent. The maturity of respondents is different from each other. The respondents were aware of the impact on marriage at a young age but did not make the respondents dissolve in any conflicts that occurred due to immature emotions of the respondent, but rather made efforts to be able to control and overcome all conditions faced wisely and try to make positive efforts to foster family harmony.
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Arsal, Thriwaty. "WOMAN�S POSITION IN UNDOCUMENTED MARRIAGES." KOMUNITAS: International Journal of Indonesian Society and Culture 6, no. 1 (June 12, 2014): 26–37. http://dx.doi.org/10.15294/komunitas.v6i1.2947.
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The term of undocumented marriage is only known in Muslim community in Indonesia. Undocumented marriage is a legal type of marriage based on Islam as long as it is meets the marriages legal requirements; however, it is diverge from the state rules because it is not registered in the authorized institution for marriage. A woman who married with this type of marriage, based on law and administration, has no clear identity before the state. It will make her difficult to have her right as a wife. Undocumented marriage will give weak position for children by law. In addition, womens position in this type of marriage is the disadvantage object. Although undocumented marriage has negative impact especially on women and children; in Warurejo, however, this marriage is widely dispersed among the community. Research is conducted in Warurejo village, East Java using qualitative, quantitative and semantic approaches. Research result shows that the womens position in this undocumented marriage is having discrimination, subordination, no bargaining power in the family, and susceptible for cervix cancer. They do not have any option for the future because it is determined by family, norm and value system prevailed in the community.Istilah nikah siri hanya dikenal pada masyarakat muslim Indonesia. Nikah siri adalah bentuk pernikahan yang sah secara agama Islam sepanjang memenuhi syarat sahnya pernikahan tapi dianggap menyimpang dari peraturan negara karena tidak terdaftar pada lembaga yang berwenang mengurusi masalah perkawinan. Perempuan yang nikah siri, secara catatan hukum atau administrasi tidak memiliki identitas yang jelas di hadapan negara. Sulit untuk mendapatkan hak-haknya sebagai seorang istri. Pernikahan siri berdampak pula pada kelemahan posisi anak secara hukum. Selain itu, posisi perempuan dalam nikah siri juga lebih banyak menjadi objek yang dirugikan. Walaupun nikah siri mempunyai dampak negatif khususnya terhadap perempuan dan anak tapi di Warurejo nikah siri begitu berkembang dan meluas pada masyarakat. Lokasi penelitian dilakukan di desa Warurejo Jawa Timur dengan menggunakan pendekatan kualitatif, kuantitatif dan semantik. Hasil penelitian menunjukkan bahwa posisi perempuan dalam menikah siri mengalami diskriminasi, subordinasi, tidak memiliki posisi tawar dalam keluarga, rentan terhadap kanker serviks. Perempuan tidak memiliki pilihan untuk menentukan masa depannya karena masa depannya ditentukan oleh keluarga dan norma dan sistem nilai yang berlaku pada masyarakat tersebut
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Sung, Hyang-Sook. "Adaptation Strategy of Family Life of Migration Woman by Marriage." Journal of the Korea Contents Association 11, no. 7 (July 28, 2011): 316–27. http://dx.doi.org/10.5392/jkca.2011.11.7.316.
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Kareithi, Monicah, and Frans Viljoen. "An Argument for the Continued Validity of Woman-to-Woman Marriages in Post-2010 Kenya." Journal of African Law 63, no. 3 (October 2019): 303–28. http://dx.doi.org/10.1017/s0021855319000263.
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AbstractWoman-to-woman marriage is a form of customary marriage between two women, predominantly found in Africa. These customary marriages have been and to some extent still are conducted by various communities across Africa, including in Kenya. Communities such as the Kamba, Kisii, Nandi, Kikuyu and Kuria practise woman-to-woman marriages for a variety of reasons. The legal status of woman-to-woman marriages in Kenya is uncertain due to the provisions of article 45(2) of Kenya's Constitution of 2010 and section 3(1) of the Marriage Act of 2014, which stipulate that adults only have the right to marry persons of the opposite sex. However, a holistic and purposive reading of the constitution, taking into consideration its recognition of culture and the protection of children as important values in Kenyan society, and considering the historical context within which the provisions concerning same-sex marriages were included, leads to the conclusion that these provisions were not intended to proscribe the cultural practice of woman-to-woman marriage in Kenya. The constitutional validity of woman-to-woman marriage opens the door to a more expansive and fluid understanding of “family” in Kenya.
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Edlund, Lena. "Cousin Marriage Is Not Choice: Muslim Marriage and Underdevelopment." AEA Papers and Proceedings 108 (May 1, 2018): 353–57. http://dx.doi.org/10.1257/pandp.20181084.
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According to classical Muslim marriage law, a woman needs her guardian's (viz. father's) consent to marry. However, the resulting marriage payment, the mahr, is hers. This split bill may lie behind the high rates of consanguineous marriage in the Muslim world, where country estimates range from 20 to 60 percent. Cousin marriage can stem from a form of barter in which fathers contribute daughters to an extended family bridal pool against sons' right to draw from the same pool. In the resulting system, women are robbed of their mahr and sons marry by guarding their sisters' “honor” and heeding clan elders.
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Umar Faruq Thohir. "Korelasi Pendapatan Ekonomi dan Kedewasaan Pasangan terhadap Keharmonisan Rumah Tangga Pelaku Pernikahan di bawah Umur di Desa Wedusan, Tiris, Probolinggo." Asy-Syari’ah : Jurnal Hukum Islam 4, no. 1 (January 5, 2018): 77–110. http://dx.doi.org/10.36835/assyariah.v4i1.103.
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Marriage is the inner bond between a man and a woman as husband and wife in order to form a happy and eternal family (household) based on the One Godhead. According to Wahbah az-Zuhailî in his book al-Fiqh al-Islâmî wa adillatuh that marriage is a contract that has been established by syara 'that a man may benefit to do a special (intercourse) with a woman or vice versa.
Keywords: Marriage, Ekonomic,Household
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Saiful, Saiful. "View of the Issue About Changes in the Age of Marries for Women in Law Number 16 of 2013." International Journal of Nusantara Islam 7, no. 2 (December 15, 2019): 268–77. http://dx.doi.org/10.15575/ijni.v7i2.12440.
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With regard to marriage problems in Indonesia, the age limit of marriage is regulated in positive law contained in Law Number 1 of 1974 and KHI, namely Marriage is only permitted if the male has reached the age of 19 (nineteen) years and the woman has reached the age 16 (sixteen) years, which was later revised in Law Number 16 of 2019 which states that marriage is only permitted if a man and woman have reached the age of 19 (nineteen) years, then if seen from the maslahah concept this determination is at the daruriyyah level, namely maintaining the safety of the soul (hifzu al-nafs), maintaining the safety of the mind (hifzu al-'aql), and maintaining the safety of the offspring (hifzu al-nasl). The change in the minimum age of marriage that occurs in the Marriage Law Article 7 paragraph (1) No. 1 of 1974 contains more maslahah and is more in accordance with maqasid sharia. Because at the age of 19, it is hoped that the ideal marriage can be accomplished and be able to realize the goals of marriage, such as maintaining offspring, creating a sakinah mawaddah wa rahmah family, maintaining lineages, creating patterns of family relationships, maintaining diversity in the family and preparing for economic aspects.
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Tobing, Rudyanti Dorotea. "Prevention of Child Marriage Age in the Perspective of Human Rights." Sriwijaya Law Review 2, no. 1 (January 31, 2018): 1. http://dx.doi.org/10.28946/slrev.vol2.iss1.107.pp1-17.
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One of the rights guaranteed by the 1945 Constitution of the Republic of Indonesia is the right to marry and have children. Marriage is the beginning of the process of embodiment of the formation of a family in human life. Therefore, marriage is not merely the fulfillment of biological needs, but more than that. Marriage is a part of Human Rights stipulated in Article 10 of the Human Rights Law that everyone shall have the right to start a family and to continue the offspring through legitimate marriage and it may only take place at the free will of the prospective husband and future wife. Marriage is the inner bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family (household) based on the One Supreme God (Article 1 of the Marriage Law). Based on the article, it can be seen that the purpose of marriage is to establish a happiness and an eternal household based on the One God. Marriage is permissible for those who have met the age limit for marriage as set forth in Article 7(1) of the Marriage Law, for man nineteeen years old and for woman sixteen years old, but in fact under age marriages still happen. According to human rights perspective, under age marriage is the action of grabbing children freedom, namely the right to grow and develop optimally. Prevention of under age marriage, should be done so the children still get their basic rights.
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Luchkovsky, V. V. "To the question of the peculiarities of the protection of the rights of persons who are in a de facto marital relationship in judicial practice." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 141–45. http://dx.doi.org/10.24144/2307-3322.2021.64.26.
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In the scientific article the author conducted a scientific study of the features of protection of property and per-sonal rights of persons who are in actual marital relations in the judicial practice of Ukraine. Based on the above research, the author notes that most often the appeal to the court to establish the legal fact of living in the same fam-ily of a woman and a man without marriage, is to inherit one of the de facto spouses or to establish joint ownership of jointly acquired property. . In general, the jurisprudence to establish the legal fact of living with one family of a woman and a man without marriage is ambiguous. This ambiguity concerns primarily the following issues:1) terminology used to denote the actual marital relationship (they are in judicial practice called «actual marital relationship», «actual marriage», «actual relationship», «living with one family of a man and a woman without marriage», «staying in actual marital relations and living with one family ”,“ actual marital relations ”,“ living with one family in actual marital relations ”,“ living with one family ”, etc.);2) a list of circumstances that clearly indicate the existence of a de facto marital relationship. In particular, some courts include the registration of both de facto spouses in the apartment (however, as evidenced by the Supreme Court ruling of 10 October 2019 in case 48 748/897/18 residence of a man and a woman at the same address, which is related to the division of property after divorce and the absence of another place of residence, does not indicate a family relationship between them), joint presence on holidays and transfer of funds (however, this is denied by the Supreme Court ruling of 15 August 2019 in case № 588/350/15), the fact of periodic joint recreation (which is denied by the decision of the Supreme Court of February 27, 2019 in case № 522/25049/16-ts).
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Yaman, Sengül, and Lale Taskin. "Original article. Factors facilitating the emergence of domestic violence in Turkey." Asian Biomedicine 8, no. 6 (December 1, 2014): 727–33. http://dx.doi.org/10.5372/1905-7415.0806.350.
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Abstract Background: Domestic violence is seen in all communities. Objectives: To determine the risk factors that facilitate emergence of domestic violence. Methods: A qualitative study where in-depth interviews were used. A total of 30 women who stated they had been experiencing violence from their partner for at least a year made up the study sample. The common opinions in the interviews were grouped and coded according to the themes created for “descriptive analysis”. Excerpts from the statements that best emphasized/defined the women’s opinions and experiences were used in the study report. Results: The factors stated by the women as facilitating the emergence of domestic violence in our study were: the man being older, the woman being in a marriage that she did not want, was forced into, or that her family did not want, a lack of support by the woman’s family, the man’s family not wanting the woman, the man seeing violence as a societal right, and a lack of mutual love, respect, or trust in the marriage/relationship. Conclusions: To decrease the emergence of domestic violence in the Turkish family system where traditional female-male roles are present: the woman and man within the marriage/relationship should have similar sociodemographic attributes (age, education, employment), the decision for marriage/relationship should be with the woman’s own free will, educational and awareness increasing programs to ensure societal change should be arranged, and the quality and quantity of social institutions should be brought to a level where the support systems for women can be strengthened.
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Ozorowski, Mieczysław. "St. Augustine’s Personal Experience of Marriage and Family and his Influence on the Theology of Marriage." Rocznik Teologii Katolickiej 19 (2020): 49–65. http://dx.doi.org/10.15290/rtk.2020.19.04.
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This study presents St. Augustine’s personal experiences related to marriage and family that eventually influenced his views on these topics. Augustine of Hippo is considered one of the greatest theologians of the ancient Christian world. Although he was unmarried, he was born into a Christian family and experienced what it was like to live with a woman in a quasi-married state before he converted to Catholicism. Augustine left behind a large body of writings dedicated to the topics of marriage and family. Even though these works do not constitute a coherent treaty on marriage and family, they do shed light on these issues. They also reflect the current and pressing problems that affected not only St. Augustine but also the people of his time. St. Augustine’s views on marriage and family have had an immense influence on the entire Latin Church’s position on these issues. In this regard, the primary source that contains a lot of biographical information is Augustine’s Confessions. This study is made up of two parts. Part I describes Augustine’s childhood experiences and family life. Part II describes youth and his experience living with a female concubine. This original study presents the sources of St. Augustine’s views on human sexuality and his relationship with his family.
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Affiah, Neng Dara. "Perkawinan dan Agama-agama (Teropong Ulang terhadap Tujuan, Fungsi dan Aturan Perkawinan)." Musãwa Jurnal Studi Gender dan Islam 3, no. 2 (September 30, 2004): 135. http://dx.doi.org/10.14421/musawa.2004.32.135-149.
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Generally speaking, all religions urge their community to start a family through marriage institution. This institution basically has three main goals: to create peacefulness, to avoid sexual relationship outside marriage, and to have offspring. However, these three goals are often interpreted on the basis of man's superiority. In this article, Neng Dara Afifah tries to underline that marriage is not meant to undermine woman as a human being.
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Nugraheni, Prasasti Dyah. "THE IMPLEMENTATION OF MARRIAGE DIFFERENT RELIGION AND THEIR DUE TO THE LAW OF THE RELIGION OF MARRIAGE STATUS." Law and Justice 4, no. 2 (November 19, 2019): 68–82. http://dx.doi.org/10.23917/laj.v4i2.8015.
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Marriage is a very strong and very deep bond that functions to connect between a man and a woman in a household or a family. Informing a household or a family, the belief in the same religion requires not only confidence in the same commitment. However, in the life of the Indonesian people, there are currently many marriages that are not based on similarities in religious beliefs. The marriage is only based on genuine love between a man and a woman. These different religious marriages cause problems in the legal field such as the validity of the marriage itself according to the marriage law in force in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 the Year 1974 marriage which is called legitimate is a marriage which is carried out in accordance with the religion and beliefs of the person. Marriage with different religions also causes problems with the legitimacy of the representation. So the problem that will be explained in this journal is about the validity of a marriage that is of different religions in accordance with Law Number 1 of 1974. According to Law Number 1 of 1974 marriages of different faiths is an illegitimate marriage because they are not in accordance with religion and belief in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 of 1974 it is stated that if a religion allows the marriage of a different religion, then the marriage is permissible. However, if a religion does not allow the marriage that is of a different religion, then the marriage is not allowed. Keywords: Interfaith marriage, Law Number 1 of 1974, and Compilation Islamic Law
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Imron, Ali. "Perlindungan dan Kesejahteraan Anak dalam Perkawinan di Bawah Umur." Al-Tahrir: Jurnal Pemikiran Islam 13, no. 2 (November 1, 2013): 253. http://dx.doi.org/10.21154/al-tahrir.v13i2.16.
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Abstract: A person who will get marriage must meet the administrative and subtantive requirements. These requirements have positive role to echieve the goal and wisdom of marriage for each side. Marriage is permited at the age of 19 years for man and 16 years for woman. Nevertheless the request of dispensation for marriage can be proposed by anyone who needs it because of some reasons. This, of course, would open the opportunity of underage marriage to happen. The dispensation for marriage should be based on the consideration of welfare and goodness of children and family. Even welfare and goodness of children should be put over the interests of parents and family magnitude as a form of the protection of children. Marriage under the age of a regulated- norm of law violates the protection and the welfare of children though they have received legal dispensation from the court . Such marriage would disturb the development of the children’s potential and cause the loss of getting social welfare.
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Hindun. "LARANGAN PERNIKAHAN ANTARA DUA ORANG YANG BERINISIAL SAMA DI ACEH TIMUR." Al-Qadha 5, no. 2 (December 11, 2018): 49–58. http://dx.doi.org/10.32505/qadha.v5i2.1278.
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Marriage is an inner and outer bond between a man and a woman as a husband and wifewith the aim of forming a happy and eternal family or household based on the One Godhead. InGayo custom, marriage to the people of Seulemak Buket Village is still sacred with its customs,namely there are customary prohibitions on marriage between two people with the same initials, ifsomeone who wants to carry out a marriage is not permitted because it can cause havoc or chaos inthe household. Because researchers are interested in examining further the prohibition on suchmarriage.
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Wahid, Nur. "Historisitas dan Tujuan Aturan Umur Minimal Perkawinan dalam Perundang-Undangan Keluarga Islam di Indonesia." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 2, no. 2 (December 11, 2019): 163–77. http://dx.doi.org/10.24090/volksgeist.v2i2.2822.
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This paper examines the minimum age requirement for marriage in Indonesian family law legislation in Indonesia historically. Determination of the minimum age for marriage in various countries is the result of ijtihad by considering the principle of physical and psychological maturity. In Indonesian marriage legislation sating that marriage is only permitted if the man reaches the age of 19 (nineteen) years and the woman has reached 16 (sixteen) years. Early marriage has several risks such as potential premature births, birth defects, maternal depression rates, maternal mortality rates, risk of contracting sexually transmitted diseases. Therefore, the authors strongly agree that the minimum age of marriage in Indonesia changed to 19 years
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Savić, Vanja-Ivan. "Can Constitutions or Laws Change Marriage?" Godišnjak Akademije pravnih znanosti Hrvatske 10, no. 1 (July 18, 2019): 379–87. http://dx.doi.org/10.32984/gapzh.10.1.15.
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In this article the author examines recent case of the US Supreme Court Obergefell v. Hodges in which group of academics acted as amicus curiae in explaining natural law grounds for having traditional approach to marriage as a union between one woman and one man. Author shows connection between teachings of natural law legal theorist John Finnis and his work named 'Goods of marriage' and requests for keeping 'the marriage' reserved only for heterosexual couples. Heterosexual marriage, according to Finnis, protects the family, the Judeo-Christian concept of monogamy, and other social values that we have reached through social evolution.
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문정화. "A Case Study of Family Therapy for Marriage Migrant Woman who Experienced Family Violence - Focusing on Chinese Woman Who Participated in Counseling alone -." Korean Journal of Family Social Work ll, no. 55 (March 2017): 91–128. http://dx.doi.org/10.16975/kjfsw.2017..55.004.
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Sidauruk, Jinner. "KEDUDUKAN ANAK AKIBAT PEMBATALAN PERKAWINAN SEDARAH DITINJAU DARI UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN." Visi Sosial Humaniora 1, no. 2 (December 18, 2020): 126–36. http://dx.doi.org/10.51622/vsh.v1i2.181.
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Article 1 of the Marriage Law, Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on Almighty God. In the definition of marriage, we also see an element of bonding between a man and a woman as husband and wife. For this reason, husband and wife need to help and complement each other so that each can develop his personality to help and achieve spiritual and material well-being. In inbreeding has been carried out for a long time by people in certain areas who still have blood relations. Where this is done over and over again becomes a habit and then the marriage becomes a culture for a certain area. From the foregoing, it can be seen that inbreeding exists in Indigenous communities where Customary Law applies and Islamic societies that apply Islamic law. After the enactment of the Marriage Law No.1 of 1974 concerning marriage, marriages made with relatives or inbreeding have been restricted and even prohibited in the Marriage Law but if this is violated and occurs, the marriage can be canceled.
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Warne, Vanessa, and Colette Colligan. "THE MAN WHO WROTE A NEW WOMAN NOVEL: GRANT ALLEN'STHE WOMAN WHO DIDAND THE GENDERING OF NEW WOMAN AUTHORSHIP." Victorian Literature and Culture 33, no. 1 (March 2005): 21–46. http://dx.doi.org/10.1017/s1060150305000719.
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IN1895,GRANT ALLEN PUBLISHED A NEW WOMAN NOVELentitledThe Woman Who Did. This treatise-like novel appeared as part of the Keynotes Series, a group of ideologically progressive texts published by John Lane for Bodley Head in the 1890s. As Margaret Diane Stetz writes, Lane made this series “a haven for ‘New Woman’ fiction, naturalistic short stories, and ‘decadent’ poetry and art” (72). Marketed as status and sex objects (81), many of the thirty-three novels and short-story collections that make up the series concern themselves with New Woman issues such as marriage and female sexuality. Lane had taken the name for this series from George Egerton'sKeynotes(1893), a collection of short stories told from the perspective of an emancipated woman.The Woman Who Did, published two years later, also featured a New Woman and became the most notorious book of the series. Combining a free-love, anti-marriage message with a tragic plot, Allen's novel focuses on a clergyman's daughter, Herminia Barton, who refuses to marry the father of her child, Alan Merrick, on feminist principles. Unwilling to enter an institution that she compares to “vile slavery” (43), she chooses to live unmarried with her lover and daughter until his death. She withstands the calumny of family and friends and years of grieving and penury only to discover in the end that her daughter rejects her feminism and views her illegitimacy not as the “supreme privilege” her mother believed it to be, but rather as a “curse” (132). In a way typical of New Woman novels, the story ends with the heroine's suicide.
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Hosseini-Chavoshi, Meimanat, Mohammad Jalal Abbasi-Shavazi, and Peter McDonald. "Fertility, Marriage, and Family Planning in Iran: Implications for Future Policy." Population Horizons 13, no. 1 (August 1, 2016): 31–40. http://dx.doi.org/10.1515/pophzn-2016-0005.
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Abstract The Islamic Republic of Iran has experienced a remarkable demographic transition over the last three decades. As a result of social, demographic and economic changes, Iran’s fertility declined from 7.0 births per woman in 1980 to around 1.8 to 2.0 in 2011 based on our estimation (McDonald et al. 2015). The initial rise and rapid fall of fertility accompanied by a decline of child mortality led to a post-revolutionary youth bulge in the age distribution that will lead to rapid ageing in the longer-term future. Others have argued that Iran’s fertility has fallen to much lower levels - as low as 1.5 births per woman (eg. Erfani 2013). Such low estimates led to the Government of Iran adopting a pronatalist policy with the aim of increasing fertility, although the components of the policy are still under discussion. Different views have been expressed on the role of family planning and other programs in meeting population policy goals in Iran in the future with some advocating the discontinuation of government assistance to family planning. This paper aims to review the trends and levels of fertility, marriage, and family planning and their implications for policy. Using various datasets and detailed parity-based measures of fertility, the dynamics of fertility regulation practiced by Iranian couples are investigated. Our findings suggest that contraceptive use stabilized before 2000 and postponement of the first child and wide birth intervals are the main contributors to the level of fertility. Therefore, instead of discontinuation of the family planning program, policy to sustain fertility at its present level or a little higher needs to focus upon improving the economic circumstances of young people so that they are able to make less constrained choices about family formation than is the case at present.
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Muhammad Ifzal Mehmood and Noraini Binti Md Hashim. "MARRIAGE WITHOUT WALI’S CONSENT: A PARADIGM SHIFT IN THE FAMILY STRUCTURE OF PAKISTAN." IIUM Law Journal 29, (S1) (May 12, 2021): 135–51. http://dx.doi.org/10.31436/iiumlj.v29i(s1).639.
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In Islamic law on nikah is referred to as a civil contract. Thus, to fulfil a valid contract all the requisites of a valid marriage (arkan an-nikah) must be fulfilled. The majority of Muslim jurists opined that the consent of the guardian (wali) is one of the pillars determining the validity of marriage. Nevertheless, the Hanafi sect views that it as a mere condition for a marriage. In Pakistan, a precedent has been set in the Supreme Court’s case of Saima Waheed, where it was decided that an adult Muslim woman can marry without the consent of her guardian. The decision ignited a debate on whether the consent of a guardian is a requisite pillar of a marriage contract or merely a condition to it. In order to comprehend the issue of wali’s consent, it is essential to discuss the purpose of a marriage itself. This article discusses the importance of the wali’s consent under Islamic law, followed by an elaboration on the legal status of a marriage without consent of the guardian under the Pakistani law. Besides arm-chair research, interviews were conducted with female respondents who had conducted their marriage without their wali’s consent. The findings from these interviews indicate that marriage without wali’s consent is shattering the family structure and causing isolation of the partners both from the family and the society. Irrefutably, approval of the guardians in marriage is essential in sustaining the family system.
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Pétrin, Guylaine. "Women, Marriage and Property in Upper Canada." Ontario History 105, no. 1 (July 31, 2018): 98–125. http://dx.doi.org/10.7202/1050748ar.
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This article explores how one illiterate woman in Upper Canada, Elizabeth Sanders, used the few legal tools that were at her disposal to deal with a bad marriage and to protect her property for her daughters. Her social standing, her property and, even more importantly, the support of her family, allowed her to have access to and use the very deficient Upper Canadian justice system to deal successfully with a bad marriage. This study shows that even illiterate women could and did use the law to their advantage.
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Tokarev, Grigoriy V. "Leo Tolstoy's views on marriage." Vestnik of Kostroma State University, no. 2 (2019): 145–47. http://dx.doi.org/10.34216/1998-0817-2019-25-2-145-147.
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The article considers Leo Tolstoy's views on marriage in the evolutionary aspect. For young Leo Tolstoy, marriage and family is one of the main values. He understands them as a sphere saving a person from disharmony, despondency, sin, helping to find the meaning of life. The family is interpreted by Leo Tolstoy as the main purpose of person's life. In his early works, he builds a family model. Marriage and family for young Leo Tolstoy are considered to be the main condition for happiness. Love for the spouse is understood as a sense of respect for parents of their children. Over the years, Leo Tolstoy’s views on marriage have changed significantly. This is due to the change in Leo Tolstoy's attitude to the Church and to Church religion (by his definition), the writer's complete denial of private property, the complication of relations with his wife and children. Leo Tolstoy explains his point of view on marriage by following the true Christian teaching. Leo Tolstoy motivates the denial of marriage in the Christian way by the fact that the main purpose of a Christian is to serve God; marriage makes people serve themselves. Leo Tolstoy identifies justification by the church of the marriage with the excuse of "physical love". Leo Tolstoy considers marriage as a veiled form of fornication. However, he denied divorce because he believed that a woman left without a husband or a man without a wife would be exposed to moral decline. The author finds contradictory Leo Tolstoy's assessments of the marriage in the later work.
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Miqat, Nurul, and Farida Patittingi. "THE RIGHTS OF LAND IN MARRIAGE AGREEMENT OF MISCENEGATION BY SUBSQUENT THE CONSTITUTIONAL COURT DECISION NUMBER 69 / PUU-XIII 2015 BASED ON THE CUSTOMARY LAW PERSPECTIVE." Yustisia Jurnal Hukum 7, no. 1 (April 30, 2018): 94. http://dx.doi.org/10.20961/yustisia.v0i0.17532.
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<p>The definition of marriage is provided in Article 1 that: "Marriage is a mental bond between a man and a woman as husband and wife with the aim of forming a happy, eternal, (family) family based on the One Supreme God." The meaning of marriage under the law, Law Number 1 Of 1974 is a marriage has a very close relationship with religion, spirituality, so that marriage not only has the element of birth / body, but the element of spirit / rokhani also has a very important role. The legal consequence of a marriage is the position of a woman who becomes a wife and a man becomes a husband, hence the rights and obligations assumed by both after the legal act of marriage. For those who marry most do not think about the effects of marriage, on their wealth, some of them only think that the consequences of marriage are only the union of two families, and the continuity of their marriage in order to be eternal and happy. Marital Laws Article 35 to Article 37 regulate about the field of marriage property for husbands and wives, Affirmation of Article 35 states that marriage property becomes a common property. While the property of each luggage as a gift or inheritance, is under the control of each. Unless otherwise specified in order to serve as joint property, for this other determination the husband and wife are allowed to make "marriage agreement", this marriage agreement contains about marriage property. Likewise to the perpetrators of miscenegations. Indonesian citizens who marry foreign citizens, not knowing that there are legal consequences of such miscenegations, there is a right to be lost as a result of miscenegation. The rights in question relate to the marriage agreement, which if the perpetrator of a miscenegation does not enter into a marriage agreement will impact on land rights , and it is also known under costumary law.</p>
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Coombs, Jan. "Frontier Patterns of Marriage, Family, and Ethnicity: Central Wisconsin in the 1880S." Journal of Family History 18, no. 3 (July 1993): 265–82. http://dx.doi.org/10.1177/036319909301800305.
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This essay examines ethnicity, nuptuality, and fertility in four central Wisconsin counties which typified newly opened areas in the North Central Region during the late nineteenth century. Frontier settlement was largely a family affair involving far more immigrants than native-born migrants. Central Wisconsin settlers had higher child-woman ratios than their national counterparts because they were more likely to be married, and their children were more apt to survive infancy. Interrelated factors involving marriage patterns, religious beliefs, residence, and husbands occupation were responsible for the fertility differentials among the ethnic groups within the region.
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Atreya, Alok, Milan Shrestha, Jenash Acharya, and Sharmila Gurung. "Nepal – exploited by older married man – young unmarried mother accused of infanticide." Medico-Legal Journal 87, no. 3 (June 10, 2019): 127–29. http://dx.doi.org/10.1177/0025817218822009.
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In Nepal, it is considered sinful for a woman to have sexual intercourse before marriage while the male is exonerated. The female will be branded a loose character outcast by family and society. Only a small percentage of women who feel the other way and stand mentally strong or who have family support come out to seek justice. Despite the stringent law, the loopholes in the justice mechanism re-victimise female victims. We report a case where a young unmarried pregnant woman who gave birth alone was charged with infanticide.
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Para, Iulia, and Daniela Stanciu. "ECONOMIC AND SOCIAL PERSPECTIVES OF THE FAMILY AND SOCIETY IN RENAISSANCE." SWS Journal of SOCIAL SCIENCES AND ART 1, no. 2 (November 21, 2019): 56–66. http://dx.doi.org/10.35603/ssa2019/issue2.05.
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This paper aims to analyse the ways in which a marriage can be concluded in the case of rich and noble families, as well as in the case of the poor ones. Marriage habits are different, depending on the social and economic status, and most of these traditions prevail nowadays also. The institution of marriage will lead to a transformation of the sentimental imaginary, starting from the Middle Ages’ fin amor, played by the troubadours, to the pragmatic, interested relationship, focused on procreation and the transfer of possession. At the mental level, we are observing the magic of the inside reflexion, inwardly, towards that inner feeling analysed by both literary and artistic specialists. The social status of the family cannot be provided by an individual. Affiliation to a family ensures social inclusion and human survival. The role of the family in society is a sum of the roles of each member, the man may have the archetypes of prince or warrior, artist or humanist, merchant or clergyman, scholar or adventurer; the woman, first of all mother or daughter, widow, virgin or prostitute, nun or witch; the child seen as a follower of the family's reputation, entrepreneur and supporter of the mother. The feminine condition in the family is a tragic one, as the woman gets to accept the premature disappearance of her beloved children, removed from inheritance in noble families through crime or natural causes. Examples of historical realities and artistic works will support the above statements and lead to conclusions.
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Teplyakova, Teplyakova. "PERFECT FAMILY PORTRAIT OF A WOMAN IN THE SOVIET PRESS IN THE 60-80S OF THE XX CENTURY." Globus: social sciences 7, no. 1(35) (May 19, 2021): 7–13. http://dx.doi.org/10.52013/2713-3087-35-1-2.
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This article tells about: what position a woman occupied in the family, what responsibilities were included in her daily life, what character should be possessed in the opinion of ideology. The article describes the attitude of women to marriage, raising children.
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Duramae, Hussam. "PERKAWINAN SEKUFU DALAM PERSPEKTIF HUKUM ISLAM." Bilancia: Jurnal Studi Ilmu Syariah dan Hukum 12, no. 1 (June 29, 2018): 79–110. http://dx.doi.org/10.24239/blc.v12i1.335.
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Kafa’ah or kufu’ in marriage became a polemic among the laity. This study aims to find out how marriage sekufu in Islamic perspective in the area of Napradu Pattani Province, Southern Thailand. The data were obtained by interviewing Imam - Imam, bilal or preacher mosque in Napradu. From the analysis of interview results, found 3 main ones in the concept of kafa'ah, they are religion, degree / nasab, and work / profession. The balance for starting a family should be the match between couples. It became a perception for the people of Napradu to reach a harmonious family. Forms of marriage implementation sekufu in Napradu region must follow syafi'i Mazhab. Therefore there are several indicators that must be met, namely; a) the male partner asks the parent to seek a spouse or ask to see the woman he wants, intent to align the parents' appetite with the child; b) a bridgehead between the prospective husband's family and the prospective wife's family on the matter of marriage; c) a suitable and equivalent female candidate to a potential male partner.
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Ajirna, Sri, Muh Syarif Hasyim, and Sahran Raden. "PEMINANGAN DALAM ADAT SUKU TAJIO DI DESA SINEY KECAMATAN TINOMBO SELATAN KABUPATEN PARIGI MOUTONG DALAM PRESPEKTIF HUKUM ISLAM." Familia: Jurnal Hukum Keluarga 1, no. 1 (December 6, 2020): 81–92. http://dx.doi.org/10.24239/familia.v1i1.5.
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This study aims by using qualitative methods with data collection techniques, namely interviews, observation, verification in order to obtain data that is truly valid and can be accounted for. The results of this study indicate that the marriage in the adat of the Tajio Tribe in Siney Village, Tinombo Selatan District, Parigi Moutong Regency is to open the tajalang to open the road, that is, the man will tell his desire to propose to the woman but with satire words, then Nalolo Tevulang Nombosi is looking for a day or It is a good month to meet the family of the woman who wants to be married to, the next stage is to open the first tejarita, namely the man comes to the woman's house to discuss further the matchmaking plan and the last marriage process is tevea nelili, which is sprinkling yellow rice on the man's family This is a sign that the woman's family has officially accepted the proposal of the male party and the view of Islamic law on the marriage of the Tajio Tribe in Siney Village, Tinombo Selatan District, Parigi Moutong Regency is not against Islamic Law and even in accordance with Islamic Law because of the marriage in The traditions of the Tajio Tribe in Siney Village, South Tinombo District, Parigi Moutong Regency contain elements of faith, elements of worship and contain elements of akhlakul karimah.
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Sullins, D. Paul. "The Case for Mom and Dad." Linacre Quarterly 88, no. 2 (March 8, 2021): 184–201. http://dx.doi.org/10.1177/0024363921989491.
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Is the system of norms comprising traditional, natural marriage—featuring formally enacted, irrevocable, exclusive man/woman sexual union preceded by chastity—essential for children’s development and well-being, as Catholic teaching asserts? Review of an extensive body of diverse research finds that, compared to children continuously living with two parents, married parents, or their own biological parents, children in other family arrangements consistently experience lower emotional well-being, physical health, and academic achievement. Competing research has variously attributed this difference to a lack of married parents, two parents, complementary man/woman parents, or family stability, but these possibilities have not previously been studied in combination. To address this question, family structure differences and determinants of child well-being (reverse coded to show child distress) were examined using the 2008–2018 National Health Interview Surveys ( n = 82,635). Adjusted odds ratios (AOR) for child emotional problems were higher with less than two parents (AOR = 1.42, 95% CI 1.27–1.56), unmarried parents (1.46, 95% CI 1.31–1.61), unstable parents (1.55, 95% CI 1.27–1.76), or less than two biological parents (AOR = 1.70, 95% CI 1.55–2.87 for one biological parent; 4.77, 95% CI 3.95–5.77 for no biological parents). When combined in the same model, only the lack of joint biological parentage accounted for higher distress, with outcomes significantly worse without the biological father than without the biological mother (interaction AOR = 1.33, 95% CI 1.04–1.71). This evidence strongly supports the claim that maximum child development occurs only in the persistent care of both of the child’s own biological parents. Marriage benefits children primarily by ensuring such care. Implications are discussed. Summary: Children raised apart from the care of both natural parents consistently experience lower developmental outcomes. Traditional, religious marriage norms—a lifelong, exclusive sexual union between man and woman—benefit children by establishing strong conditions that promote such care. More than any other family arrangement, marriage assures to children the care of their own mom and dad.
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Akhiruddin, Akhiruddin. "Implikasi Sosial Pernikahan Usia Muda di Kabupaten Bone." Equilibrium: Jurnal Pendidikan 5, no. 1 (April 1, 2019): 5–9. http://dx.doi.org/10.26618/equilibrium.v5i1.967.
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A young marriage is an inner bond between a man and a woman as a husband and wife for the purpose of forming a family, a happy and eternal household based on the One Supreme Godhead. This study aims to determine the impact of young marriage. This research type is qualitative decriptive, and determination of informant done with Purvosive Sampling, Technique of collecting data using observation, interview and documentation. Then analyzed by data reduction, data presentation, and verivication. The results of this study indicate that positive impacts are (1) to avoid free association, (2) lighten the life burden of one party from the family, and (3) learn to be responsible to the family and while the negative impact is (1) biologis (risk of pregnancy (2) Psychological (prolonged psychic trauma in the child's soul is difficult to cure) and (3) Sociological (immature ways of thinking that reduce harmonization in the family). (4) Population (population density) of fertile couples.Keywords: Impact, Marriage, Young Age.
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Mišić, Siniša. "The Serbian family in the late Middle ages." Issues in Ethnology and Anthropology 10, no. 2 (February 28, 2016): 357. http://dx.doi.org/10.21301/eap.v10i2.4.
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Marriage in Serbia in the middle ages was conducted only between persons belonging to the same social class. It was arranged and the woman would bring a dowry which would be controlled by the husband as long as the marriage lasted. Male children would inherit their father. Daughters played a significant role in connecting families through marriage. A man, unlike a woman would not bear any consequences in case of adultery. The consequence of this was a large number of extramarital children. In the Serbian state in the middle ages the family, or the “home” (kuća as it is named in sources), was the basic unit of society. The family could be nuclear or cooperative. Through the analysis of diplomatic data, as well as the first Turkish books – defters, one can see that one quarter of the population lived in nuclear families. More than half of the families which lived in cooperative arrangements were made up of small cooperatives numbering no more than two or three members. Almost all cooperative families were made up of father-son or brotherly cooperatives. The type of cooperative was largely influenced by the length of life or the capability of giving birth. The source material shows a small number of large cooperatives. Nuclear families and cooperative families are present in both the nobility and the small folk (dependents). There is no difference in the family structure with regard to social status. Nuclear families are omnipresent, and the characteristics of cooperative families are the same in nobility, serfs, sokalniks (a class a little above the serfs, who were most often servants, with certain privileges), priests, repairmen or fishermen. The difference is seen only within the Vlach population where in the cooperative there are more sons in law than in other populations. This is the result of an attempt of an agrarian population to move toward the status of herdsmen which was more favorable for them.
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Welstead, Mary. "Re SA (Vulnerable Adult with Capacity: Marriage) ([2006] 1 FLR 867)." Denning Law Journal 19, no. 1 (November 27, 2012): 259–69. http://dx.doi.org/10.5750/dlj.v19i1.386.
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VULNERABLE ADULTS: THE INHERENT JURISDICTION AND THE RIGHT TO MARRYMs SA was an eighteen year-old deaf and mute young woman. She had minimal sight in one eye, the intellectual capacity of an early teenager, and the reading age of a seven year-old. Her family (mother, father and three brothers) came from a Pakistani Muslim background; they spoke primarily Urdu and Punjabi. Ms SA was neither able to lip-read nor understand either of these languages; her only means of communication was through British Sign Language (BSL) which she had learned in a specialist educational unit for deaf children. None of her family had learned BSL; thus, communication between Ms SA and her family was very limited. Her family wished to arrange, or possibly even force her into, a marriage in Pakistan. She was happy to have an arranged marriage but wanted the right to veto any potential husband.
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Boputra, Emanuel. "Diskresi Hukum dalam Pemberian Dispensasi Perkawinan." JURNAL HUKUM, POLITIK DAN KEKUASAAN 1, no. 1 (August 13, 2020): 48. http://dx.doi.org/10.24167/jhpk.v1i1.2673.
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ABSTRACT: Marriage is one important part in the journey of human’s life. According to the Law No. 1 of 1974 concerning Marriage, Article 1: Marriage is a physical-mental bond between a man and a woman, as a husband and a wife, aiming to create an eternal and happy family/household based on God Almighty. Marriage aims to create a happy and eternal family/household.Article 7 (1) of the Marriage Law stipulates and regulates the age limit for a marriage. A marriage is allowed when the man is at least 19 (nineteen) years old, and the woman is at least 16 (sixteen) years old. Next in the verse 2 is stated that in the event of deviating the verse 1, this article is able to request a dispensation from the Court or other Officials which is appointed by both the parents of the man and the woman. Therefore, a dispensation from the Court or other Officials, which is appointed by both the parents of the man and the woman, is required in order to hold a marriage if those minimum ages are not attained yet.Indeed, a dispensation is able to be justified based on the law aspect (a dispensation is required from the Court or other Officials, appointed by both the parents of the man and the woman, if those minimum ages are not attained yet). The submission of an application for the marriage dispensation to the Court is a legal step, chosen by the applicant in order to legalize their marriage. However, the space for dispensing various forms of child marriage is in fact a form of violation towards the children’s rights, as stated in the legal consideration of the Decree of the Constitutional Court of the Republic of Indonesia No. 22/PUU-XV/2017.Keyword: Marriage, Dispensation, Decree of Law ABSTRAK: Perkawinan merupakan salah satu bagian terpenting dalam perjalanan kehidupan manusia. Menurut ketentuan Undang-undang No. 1 Tahun 1974 tentang Perkawinan Pasal 1 : perkawinan adalah ikatan lahir batin antara seorang pria dengan seorang wanita sebagai suami isteri dengan tujuan untuk membentuk keluarga / rumah tangga yang bahagia dan kekal berdasarkan Ketuhanan Yang Maha Esa Tujuan perkawinan adalah untuk membentuk keluarga / rumahtangga yang bahagia dan kekal.Pasal 7 (1) Undang-undang Perkawinan menetapkan dan mengatur perihal batas umur untuk melangsungkan perkawinan ; Perkawinan hanya diijinkan jika pihak pria sudah mencapai umur 19 (sembilan belas) tahun dan pihak wanita sudah mencapai umur 16 (enam belas) tahun. Selanjutnya dalam ayat 2 disebutkan bahwa; dalam hal penyimpangan terhadap ayat (1) pasal ini dapat meminta dispensasi kepada Pengadilan atau Pejabat lain yang ditunjuk oleh kedua orangtua pihak pria maupun pihak wanita. Dengan demikian apabila belum mencapai umur tersebut apabila hendak melangsungkan perkawinan diperlukan dispensasi dari Pengadilan atau Pejabat lain yang ditunjuk oleh kedua orangtua pihak pria maupun pihak wanita.Dari aspek hukum pemberian dispensasi memang dapat dibenarkan (apabila belum mencapai umur tersebut, untuk melangsungkan perkawinan diperlukan dispensasi dari Pengadilan atau Pejabat lain yang ditunjuk oleh kedua orangtua pihak pria maupun pihak wanita). Pengajuan permohonan dispensasi perkawinan ke Pengadilan adalah langkah hukum yang dipilih oleh Pemohon untuk melegalkan perkawinan. Akan tetapi “ruang” pemberian dispensasi terhadap berbagai bentuk perkawinan anak sebetulnya juga merupakan salah satu bentuk “pelanggaran” terhadap hak-hak anak, sebagai mana dinayatakan dalam pertimbangan hukum Putusan Mahkamah Konstitusi No. 22/PUU-XV/2017.Kata Kunci: Perkawinan, Dispensasi, Dekresi Hukum
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LIU, Qian. "Legal Consciousness of the Leftover Woman: Law and Qing in Chinese Family Relations." Asian Journal of Law and Society 5, no. 1 (December 12, 2017): 7–27. http://dx.doi.org/10.1017/als.2017.28.
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AbstractThis paper analyses how the interaction of law and qing (情) shapes ordinary Chinese people’s legal consciousness. Ordinary Chinese people rely on qing, or the normal feelings, or attitudes of the public, to judge whether a particular law is just and how they should react to the law. By investigating Chinese leftover women’s legal consciousness regarding marriage and childbearing, this article has developed a theory to discuss Chinese people’s different forms of legal consciousness either when the law is in opposition to qing or when it is in alliance with qing. I argue that these variations of legal consciousness result from the dynamic relationship between qing and different types and levels of legality, including state law.
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McKittrick, Meredith. "Reinventing the Family: Kinship, Marriage, and Famine in Northern Namibia, 1948–1954." Social Science History 21, no. 3 (1997): 265–95. http://dx.doi.org/10.1017/s0145553200017752.
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In October 1952, during a famine in northern Namibia, an Ovambo woman named Helvi Kondombolo filed a complaint with colonial officials, stating that her son, a contract laborer, had been living in the southern part of the colony for eight years and that she wanted him either sent back to the Ovamboland reserve or persuaded to send her money to buy food. Her complaint is unique in that the laborer in question was Sam Nujoma, now president of Namibia. And yet she was only one of dozens of women who filed similar complaints against men between 1948 and 1954 (National Archives of Namibia [NAN], Native Affairs Ovamboland [NAO] 93 and 94, file 42/2). In colonial southern Africa, European officials and African men often collaborated in efforts to control African women. These complaints represent a rare case in which European officials and African women collaborated to control African men.
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Calvo Caballero, Pilar. "Woman and Liberal Revolution." Revista Portuguesa de História 50 (October 29, 2019): 41–66. http://dx.doi.org/10.14195/0870-4147_50_2.
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The study of the first liberal Penal Codes (Spanish from 1822/1848/1850 and Portuguese from 1852) shows that the Spanish and the Portuguese woman share the same legal frame, but for a few differences. This frame preserves the feminine pattern of behaviour established by the Old Regime Courts, subject to man’s authority and to marriage as a guarantee of social and family order, but with a change: man’s honor resting upon the woman is honesty, not any longer privileged (married and honest) but imposed (home angel) and punished (dishonest woman). Between applying mercy or an exemplary treatment to a woman, liberal law chooses the last. Woman is not the plural category of the Old Regime any more, but the dual category angel/dishonest, which brings about her fragilitas. This leads to equality among women and approach to men in most offenses, but for the glaring inequality with regard to honor. An exception: the Portuguese wife, protected against procuring, has the right to take vengeance on his husband for her honor, whereas the Spanish wife does not have that right.
Keywords: Spanish Penal Code 1822/1848/1850. Portuguese Penal Code 1852. Woman. Fragilitas. Honesty.
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Maulidya, Yulianti, and Imelda Martinelli. "AKIBAT HUKUM PEMBATALAN PERKAWINAN KARENA WALI NIKAH YANG TIDAK BERHAK TERHADAP KEDUDUKAN ANAK DAN HARTA BERSAMA MENURUT HUKUM ISLAM." Jurnal Hukum Adigama 1, no. 2 (December 17, 2018): 26. http://dx.doi.org/10.24912/adigama.v1i2.2736.
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Marriage is a physical and spiritual bond between man and woman who become husband and wife creating the happy and eternal family in the name of God Almighty. To conduct a marriage, the prospective groom and bride must meet marriage terms and conditions, or else the marriage itself may be cancelled. The cancellation of marriage is one way of breaking the bond which requirements and principles are flawed. In the provisions of article 71 letter (e), the Islamic law compilation decrales that the marriage held without an authorized guardian will result on abolishment or be considered never exist. Neverthless, the cancelled marriage does not abolish the parental obligation of the children. The child remains legitimate and they are under their parents responsibility. Meanwhile, in the case of shared assets, in Islamic law, husband and wife can choose to use the method of Ash Sulh (negotiation),‘Urf (customary law), and the last option is Qadha (justice).
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Murisal, Murisal. "MOTIF DAN DAMPAK PERNIKAHAN DINI DI INDARUNG NGALAU BATU GADANG." Alfuad: Jurnal Sosial Keagamaan 1, no. 1 (September 21, 2018): 1. http://dx.doi.org/10.31958/alfuad.v1i1.1153.
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Motif and Impact of Early Marriage in Indarung Ngalau Batu Gadang.Penelitian is motivated by teenagers who married early on. Today, young men and women have a tendency to be less prepared to enter the home life, they are only ready to marry (ready here can be interpreted, maturity in terms of financial, understand what the meaning of marriage according to marriage law) is the bond of inner birth between a man and a woman as husband and wife for the purpose of forming a happy and eternal family (household) based on the Supreme Godhead while they are not ready to set up a home, whereas to build a household requires preparation both physically and spiritually . The purpose of this study to determine the motives underlying adolescents to make early marriage and the impact caused in the household as a result of the marriage.
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Aris, Aris, and Fikri Fikri. "HAK PEREMPUAN DALAM PENGASUHAN ANAK PASCA PERCERAIAN." Al-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan 10, no. 1 (June 30, 2017): 89–102. http://dx.doi.org/10.35905/almaiyah.v10i1.449.
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Hadanah or parenting is something that can not be released in the context of marriage or family law of Islam. This paper discusses the care of children in the perspective of Islamic law. Parenting in marriage is not much of a problem and does not give rise to detailed rules, but parenting with divorced parents is arranged in detail. The conclusion of Islamic jurist shows that the woman or the mother is more entitled to the child to do hadanah.Hak women are associated with the child's age and the nature and character of parents.
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Aris, Aris, and Fikri Fikri. "HAK PEREMPUAN DALAM PENGASUHAN ANAK PASCA PERCERAIAN." Al-MAIYYAH : Media Transformasi Gender dalam Paradigma Sosial Keagamaan 10, no. 1 (June 30, 2017): 89–102. http://dx.doi.org/10.35905/almaiyyah.v10i1.449.
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Hadanah or parenting is something that can not be released in the context of marriage or family law of Islam. This paper discusses the care of children in the perspective of Islamic law. Parenting in marriage is not much of a problem and does not give rise to detailed rules, but parenting with divorced parents is arranged in detail. The conclusion of Islamic jurist shows that the woman or the mother is more entitled to the child to do hadanah.Hak women are associated with the child's age and the nature and character of parents.
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Kaydani, Maryam. "Raising Awareness for Gender Equality in Hindu Marriage." European Journal of Multidisciplinary Studies 3, no. 1 (December 1, 2016): 50. http://dx.doi.org/10.26417/ejms.v3i1.p50-54.
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The Hindu marriage has been one of the controversial issues among activities. Marriage in Hindu community is considered as holy and very significant social institution. In real, it is a commercial exchange and at large a marketplace populated by high demanding groom family. The paper aims to give a comprehensive account of problems that Hindu girls encounter during their marriage and within their marriage life. Apparently, Hindu marriage is between two families rather two people. More or less girls have no right to object. As a result girls mostly get married at earliest opportunity and they are forced into relationship as such most of marriage is based on parent’s decision rather than mutuality of sentiment or emotional attachment. Therefore, prepubescent girls are often oppressed by bridegroom and his family members. In this sort of relationship, girls are financially dependent which develop their suppression. Data for this paper has drawn from in-depth interviews conducted with 120 married women of aged 12-20 years living in two Indian states who got married since 2005. Participants were randomly selected for interview if the woman was married before the ages of 15 years. Findings underscore the need to raise awareness of the negative outcomes of child marriage and to build support among girls and their families for delaying marriage, to enforce existing laws on the minimum age at marriage and to encourage other authorities to support young women in negotiating with their parents to delay marriage and eliminate child marriage.
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Relon, Luzviminda P. "Beliefs, Health-Seeking Practices, and Effects of Childlessness: The Experiences of Married Women." JPAIR Multidisciplinary Research 32, no. 1 (July 31, 2018): 53. http://dx.doi.org/10.7719/jpair.v32i1.575.
Full textAbstract:
In a society which recognizes the significance of children, giving birth to a child completes womanhood and the family. Thus, being a mother is synonymous with being a woman. The failure, then to become a mother, constitutes not fully achieving the status of a woman. Relatively, the desire for motherhood is inevitable and almost universal. This qualitative study analyzed the beliefs, and experiences of married women focused on their childlessness, health-seeking practices, and effects. Data were gathered through in-depth interview. Results showed that childlessness typified an unanticipated condition among the childless women. Regardless of the current age, age at marriage, marital duration, educational attainment and income, the respondents disclosed that childlessness is a condition which can be treated, provided the woman is still young. Childless women with higher income would likely seek medical help. Length of marriage disclosed to have affected the childless women’s recognition of their incapability to sire. Open communication coupled with trust, love, and understanding between couples would keep the marriage intact. Findings revealed that their self-esteem, marital relationship, relationship with relatives and friends were affected by the absence of children. Almost all of the respondents expressed that the communities they are into neither, in any way, bothered with their condition nor rejected them due to their childlessness.
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Wisadirana, Darsono. "The Structural and Cultural Role to the Family House Hold of Self-employment Woman in Malang Regency, Indonesia." International Journal of Social Science Studies 5, no. 3 (February 22, 2017): 30. http://dx.doi.org/10.11114/ijsss.v5i3.2153.
Full textAbstract:
Family is also the first pillar to meet the social, economic, psychological and culture aspect to the individual. In prostitution aspect, someone who decides to be self-employment woman can be known from the socialization style in the family. Because of that, it is important to know about family role and function in solving prostitution problem. Therefore, the problem is how the structural and cultural role is occupied by each family member in the daily life of house hold.This research aims to analyze the process of someone to be self-employment woman from the aspect of instilling the moral and norm by each family member, analyze the social relation in the family, one of whose member is a self-employment woman, and analyze the function which is acted by each member to the self-employment woman. This research used Functional Imperatives Talcott Parson theory to analyze the structural and cultural role of self-employment woman’s family. The methodology used in this case was qualitative research design.The result of the research shows the economic factor. Besides the factor of young marriage culture which causes the divorce. After divorce, the women start to work as self-employment woman. Lacking of the education awareness can be one of the causes in increasing the number of self-employment woman.Lacking of communication among the family can cause the parents are not able to keep the children from social deviation. Social deviation which has been occupied for long time can be human habit and common activity in society.
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Hedi, Fathol, Abdul Ghofur Anshori, and Harun Harun. "Legal Policy of Interfaith Marriage in Indonesia." Hasanuddin Law Review 3, no. 3 (December 26, 2017): 263. http://dx.doi.org/10.20956/halrev.v3i3.1297.
Full textAbstract:
Marriage is not just a bond between men and women, but the inner bond between a man and a woman based on the One and Only God. This research was a philosophical normative, thus the approaches used were philosophical, normative, and historical. Besides, a qualitative-descriptive strategy was used in finding a depth description of the law politics of interfaith marriage regulation in Indonesia based on the the 1974 Marriage Law. The results show that the interfaith marriage is not regulated in the 1974 Marriage Law, because: First, the rejection of the majority of Muslims and the faction in Parliament because the interfaith marriage is against the aqidah (matters of faith) of Islam; Second, the interfaith marriage is contrary to the marriage culture in Indonesia, because marriage contains legal, sociology and religious aspects; Third, the interfaith marriage is contrary to the theological teachings of religions in Indonesia that do not want interfaith marriages, such as Islam, Christianity, Protestantism, Hinduism and Buddhism. Furthermore, the interfaith marriage is inconsistent with the philosophical purposes of marriage in Indonesia where the purpose of marriage forms a happy and eternal family based on the One Supreme God.