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Journal articles on the topic 'Illegitimate child'
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1
Watson, P. "Filiaster: Privignus or ‘Illegitimate Child’?" Classical Quarterly 39, no. 2 (December 1989): 536–48. http://dx.doi.org/10.1017/s0009838800037563.
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The term filiaster (fem. filiastra), though quite unknown in classical Latin literature, occurs with reasonable frequency in epitaphs from the 2nd century A.D. onwards. It is generally defined as the every-day equivalent of privignus/-a (= stepson, stepdaughter), and it is this Vulgar word which comes down into the Romance languages (e.g. Italian figliastro).
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Babson, Thomas W. "Theatre's Illegitimate Child: The Screen Actor." TDR (1988-) 33, no. 3 (1989): 17. http://dx.doi.org/10.2307/1145983.
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Foley, Susan. "“My God! Why Was I Born?”." Journal of Family History 43, no. 4 (July 2, 2018): 357–73. http://dx.doi.org/10.1177/0363199018781207.
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Unpublished documents by Léon Laurent-Pichat (1823–1886), republican activist and Life Senator, record his experience of being born illegitimate, finding his mother in adulthood, and becoming part of her family. Such accounts are extremely rare. This case study uses those writings to elucidate the emotional impact of illegitimacy on both child and family. It also questions how far the legal and social exclusion of illegitimate children from the conjugal family was reflected in family practice. This case demonstrates that bourgeois families were sometimes less intransigent and more accepting of such children than legal strictures or social prescriptions might suggest.
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Day, Cathy. "Illegitimacy and its Effects on Marriage Prospects in Eighteenth and Nineteenth Century Rural England." Local Population Studies, no. 106 (June 30, 2021): 43–56. http://dx.doi.org/10.35488/lps106.2021.43.
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All births, marriages and deaths that occurred in two rural parishes in south-west England in the period 1754–1914 were examined, using a wide array of source material. Records of individuals were linked together into large multi-generational family groups. There were 4,940 births, of which 319 were illegitimate. For the illegitimate cases, the rates of subsequent marriage of mothers and fathers were determined and compared with those for other people in the same parishes. Being the father of an illegitimate child did not impact the chances of subsequent marriage. Being the mother of an illegitimate child decreased the chances of subsequent marriage but only if the mother was co-resident with her children. Where the mother did not live with the illegitimate child(ren), her chances of marriage were similar to that of other women. Mothers of illegitimate children were more likely to marry their cousins and were less geographically mobile than other mothers.
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Shamsudin, Siti Nurunnajwa, Irwan Mohd Subri, and Nuradli Ridzwan Shah Mohd Dali. "Penerimaan Media Atas Talian Sebagai Medium Penyampaian Fatwa dalam Kalangan Masyarakat Muslim Selangor: Satu Tinjauan Awal." Journal of Fatwa Management and Research 10, no. 1 (July 11, 2018): 73–88. http://dx.doi.org/10.33102/jfatwa.vol10no1.30.
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Issue of illegitimate child is among matters discussed in Malaysia whether from the point of fiqh or law. This article analyzes some of the Terengganu Shariah High Court decisions concerning illegitimate child. The decisions are studied from the point of whether it is contrary to the fatwa of State Fatwa Committee or not. This article uses qualitative methods through interview with former Syarie Chief Judge of Terengganu and document analysis of the results of the Terengganu Syariah High Court, fatwas and also books related to illegitimate child. The study found that the gazetted fatwa prohibiting illegitimate child to use name of his/her biological father is too general. Therefore, the decision of Terengganu Shariah High Court concerning illegitimate child does not contradict with that gazetted fatwa.
Keywords: Illegitimate child, court, shariah, fatwa, fiqh.
Abstrak
Artikel ini bertujuan mengukur tahap penerimaan media atas talian sebagai medium penyampaian fatwa dalam kalangan masyarakat Muslim di Selangor. Metodologi yang digunakan dalam kajian ini ialah kaedah kuantitatif melalui pilot study (tinjauan awal) dengan menjalankan soal selidik kepada 30 orang responden yang beragama Islam di negeri Selangor. Hasil kajian mendapati bahawa secara umumnya masyarakat menerima media atas talian sebagai medium penyampaian fatwa negeri Selangor dan lebih cenderung memilih laman web sebagai media atas talian yang paling berkesan dan memberi manfaat bagi mendapatkan maklumat mengenai fatwa Selangor.
Kata kunci: Fatwa, Selangor, media atas talian, penerimaan, muslim
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Barclay, Katie. "LOVE, CARE AND THE ILLEGITIMATE CHILD IN EIGHTEENTH-CENTURY SCOTLAND." Transactions of the Royal Historical Society 29 (November 1, 2019): 105–25. http://dx.doi.org/10.1017/s0080440119000057.
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ABSTRACTThis article uses a combination of court and Kirk (Church of Scotland) session records, and several sets of letters written by the mothers of illegitimate children to explore how such children were loved and cared for in eighteenth-century Scotland. It argues that legitimacy, as well as class and gender, mattered in the love and care that children received. Illegitimacy also had an impact on who mothered, fracturing the bond between the biological mother and child, for a mothering given by other mothers, including wet-nurses, grandparents and, later, employers. Its conclusion is that how a child was mothered, the love and care they received, were products of a child's positioning – gender, class, legitimacy, parentage – in the world. Love was a social product, framed and shaped by and through the social, economic and legal networks in which the child was positioned. Whilst the legitimate child, both in law and social practice, might have expected its care to be framed primarily through the nuclear family, the bastard child belonged, as the law suggested, to the community, requiring its mothering to be dispersed.
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Wan Ismail, Wan Abdul Fattah, Ahmad Syukran Baharuddin, Lukman Abdul Mutalib, Zulfaqar Mamat, and Syahirah Abdul Shukor. "A COMPARATIVE STUDY OF THE ILLEGITIMATE CHILD TERM FROM SHARIAH AND MALAYSIA LEGAL PERSPECTIVE." Humanities & Social Sciences Reviews 8, no. 4 (July 10, 2020): 101–9. http://dx.doi.org/10.18510/hssr.2020.8412.
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Purpose of the study: This article focuses on the definition of ‘illegitimate children’ in Muslim society in Malaysia based on its perspective of Shariah law, Islamic family law, civil law in Malaysia, and the existing perception of the Muslim society in Malaysia. This study also aims to compare the legal terms of ' illegitimate children' from various perspectives with the layman definition of illegitimate children.
Methodology: Research information has been obtained through the documentary data collection based on report and annual data from the Malaysian government, non-government agencies and relevant turath scriptures to obtain the best definition of “illegitimate child”. Once data have been collected, the data have been analysed using a content analysis method through deductive or inductive reasoning.
Main Findings: The result shows that the term ‘illegitimate children’ is based on the opinions of the Muslim Scholars which is the child conceived from adultery act without a legal marriage. However, the definition of illegitimate children is broad and varies among the existing authoritative bodies in Malaysia, which include a child conceived from an adultery act, unregistered because of lack of proper documentation for registration.
Applications of this study: The results of this study are expected to assist the authorities especially Malaysian Islamic Development Office - Jabatan Kemajuan Islam Malaysia (JAKIM), National Registration Department (JPN), Ministry of Health Malaysia (MOH), Islamic State Department of Malaysia, Shariah Courts in Malaysia and other agencies and NGOs in formulating strategies and taking follow-up actions. In addition, this study will become a reference to individuals, researchers, academicians, students, and the public in Malaysia.
Novelty/Originality of this study: The misunderstanding about the definition of an illegitimate child according to JPN, added by the fact that JPN does not have the jurisdiction at all to determine the validity of the child that is supposed to be placed under the Shariah Court, has triggered an ongoing polemic in the Muslim community in Malaysia, concerning this child status issue.
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Rawson, Beryl. "Spurii and the Roman View of Illegitimacy." Antichthon 23 (1989): 10–41. http://dx.doi.org/10.1017/s006647740000366x.
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‘Illegitimacy has been called a social problem for the last two centuries and a moral problem from time immemorial’ (Laslett 1980: 1). Many studies of ancient Roman society have dwelt on morals, and many texts of Roman law give much detail on family law and the law of persons. By contrast with studies of modern law and society, however, there has been little focus on the ‘idea’ of illegitimacy in ancient Rome and no extended discussion of what was involved in being an illegitimate child in that society.
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Krajewski-Siuda, Krzysztof. "Health politics: the illegitimate child of health policy." Lancet 369, no. 9559 (February 2007): 368–69. http://dx.doi.org/10.1016/s0140-6736(07)60187-1.
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Pradipta, Vidya, and Imelda Martinelli. "PERGESERAN NILAI HAK WARIS TERHADAP ANAK LUAR KAWIN DIAKUI (Studi Kasus Putusan Nomor 239/Pdt.G/2015/PN.JKT.PST)." Jurnal Hukum Adigama 1, no. 1 (July 19, 2018): 661. http://dx.doi.org/10.24912/adigama.v1i1.2161.
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Illegitimate children that has been acknowledged are recognized as heirs who do not belong to the heirs class and cannot stand on their own but rather, they attach themselves to other heirs class. According to article 863 of the civil code law, outsiders are admitted to inheritance along with first heirs class is entitled to inherit 1/3 of those who should have been granted if they were legitimate children. In this case study, outsiders are recognized to have equal share of the estate with their legitimate children, indicating a distinction between applicable legislation and the development of values living in the community. The problem in this paper is how the shift in the value of inheritance rights to illegitimate children that has been acknowledged. The research method used is normative law research method, which is analyzed deductively. The results of the writing illustrate that there is a shift in the value of inheritance rights to illegitimate children that has been acknowledged where an illegitimate child that has been acknowledged is now recognized ‘equal’ as a legitimate child supported by argumentum per analogiam which analogies adopted child and the illegitimate child that has been acknowledged in terms of inheritance, three general precepts by Radbruch that prioritizes justice by observing the principle of fair equality of opportunity as long as it provides benefits and no harm to others, the theory of the legal system which not only refers to the substance of the law, but also see the culture or legal culture.
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Mohd, Zulkifli, Engku Muhammad Tajuddin Engku Ali, Jamalluddin Hashim, and Asiah Bidin. "[The Law of Out-Of-Marriage Children to Become Prayer Priests] Hukum Anak Luar Nikah Menjadi Imam Solat." Jurnal Islam dan Masyarakat Kontemporari 18, no. 1 (September 25, 2018): 31–41. http://dx.doi.org/10.37231/jimk.2018.18.1.294.
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The position and status of illegitimate children have often become a discussion in society, including associating the legality of their acts, especially in the matter of worship. This article aims to explain the Islamic views on the status of an illegitimate child and the legality of congregational prayer led by them. Some writings and fatwas issued by authorities at the national and international level were analyzed. The results showed that an illegitimate child must be respected and treated as an independent human being. However, his status cannot be attributed to his biological father. The jurists also have consensus opinion that an illegitimate child can become an imam in a prayer if all the conditions and criteria have been met and if there is no other person who is eligible to lead the prayer. However, they have different views in situations where there is an illegitimate child with the other persons who is eligible to become an imam. Based on a comparative analysis on the jurists’ arguments, it is concluded that the opinion to allow the illegitimate child to become an imam is stronger and more suitable to be followed in the current society.
Keywords: Child Out of Wedlock, Illegitimate Child, Imam, Congregational Prayer, Biological Father
Kedudukan dan status anak luar nikah sering menjadi perbincangan dalam masyarakat termasuk mengaitkan kesahan tindakan mereka khususnya dalam perkara ibadat. Artikel ini bertujuan menghuraikan pandangan Islam terhadap status anak luar nikah dan hukum anak luar nikah menjadi imam solat berjemaah. Beberapa penulisan serta fatwa-fatwa yang dikeluarkan oleh pihak berkuasa fatwa di peringkat kebangsaan dan antarabangsa dirujuk dan dianalisis. Hasil kajian menunjukkan anak luar nikah tidak sah tarafnya dan tidak boleh dibinkan kepada bapa biologinya. Meskipun begitu, status mereka sebagai seorang manusia yang merdeka perlu dihormati dan dilayan sebagaimana manusia biasa. Para fuqaha juga telah sepakat mengharuskan anak luar nikah menjadi imam dalam sembahyang jika syarat dan kriteria seorang imam dapat dipenuhi serta sekiranya tiada orang lain yang sah tarafnya yang layak dan boleh menjadi imam. Jika ada bersama anak luar nikah tersebut orang lain yang sah tarafnya yang layak dan boleh menjadi imam, para fuqaha telah berbeza pendapat mengenai keharusan anak luar nikah menjadi imam. Hasil daripada perbandingan antara pendapat-pendapat fuqaha terdahulu, pendapat yang mengharuskannya lebih kuat dan lebih sesuai untuk diterima pakai dalam suasana semasa dan realiti masyarakat pada hari ini.
Kata kunci: Anak Luar Nikah, Anak Tidak Sah Taraf, Imam, Solat berjemaah, Bapa Biologi
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GAGNE, N. O. "Tough Choices: Bearing an Illegitimate Child in Contemporary Japan." Social Science Japan Journal 15, no. 1 (October 24, 2011): 143–46. http://dx.doi.org/10.1093/ssjj/jyr035.
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DUBERT, ISIDRO. "Trends and internal dynamics of illegitimacy in north-west Spain: rural Galicia, 1570–1899." Continuity and Change 33, no. 1 (May 2018): 87–116. http://dx.doi.org/10.1017/s026841601800005x.
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AbstractGalicia is a region located in the north-west of the Iberian Peninsula, where, historically, illegitimacy was often high compared with levels elsewhere in Europe. At the same time, Galicia's coastal and inland areas have always differed greatly in terms of farming structure, population growth, migration patterns, family types and inheritance systems. The aim of this article is to establish to what extent the trends in and levels of illegitimacy between 1570 and 1899 were influenced by these different historical contexts. It also offers an in-depth examination of unmarried mothers, showing that the trend towards bearing more than one illegitimate child rose over time. Ultimately, the article argues that illegitimacy is best studied at a local or regional level, rather than at the macro level that historians have often employed elsewhere in Europe.
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Cooper QC, Gilead. "The adoption issue: the illegitimate logic of Hand v George." Trusts & Trustees 26, no. 5 (May 17, 2020): 392–99. http://dx.doi.org/10.1093/tandt/ttaa024.
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Abstract Article 8 of the Convention for the Protection of Human Rights and Freedoms guarantees the right to respect for family life and draws no distinction between legitimate and illegitimate children. This has been interpreted by the English court as meaning that the Adoption Act 1976, which required an adopted child to be treated as a child of the adopter (and not the child of any other person), is discriminatory in failing to apply retrospectively to the construction of an existing instrument such as a will or a trust. But the position of adopted children is different from that of illegitimate children: an illegitimate child has no family other than its natural parents, whereas an adopted child remains the child of its natural parents unless and until the law provides otherwise. The 1976 Act did not “deprive” an adopted child of its rights against the family that adopted it: on the contrary, the Act preserved the child’s rights under pre-existing instruments. There is no infringement of the right to respect for family life in this arrangement—it is simply a question of which family the right attaches to. Furthermore, since a will “speaks from death”, its meaning cannot be changed retrospectively. The decision in Hand v George to “read down” the provisions of the 1976 Act so as to interpret words expressly stating that the Act “does not” apply to an existing instrument as meaning that it “does” apply to an existing instrument was not warranted by anything in the Convention, and exceeded the limits of statutory construction by overriding the clear and express intention of parliament.
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Novenanty, Wurianalya Maria. "Between Human Rights and Justice Principle in Children’s Civil Rights." MELINTAS 32, no. 2 (August 31, 2017): 132. http://dx.doi.org/10.26593/mel.v32i2.2675.132-147.
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Children’s rights are fundamental in a country. Children are the future generation of a country. They have rights in civil law field. The examples of such rights are the right to have family name, the right to get alimony, and the right to get inheritance from the parents. Indonesian Law Number 1 of 1974 regarding Marriage (Marriage Law) distinguishes the civil rights of legitimate and illegitimate children. In 2010, the Indonesian Constitutional Court produced a decision which became a controversial decision because it was deemed to ‘legalize’ illegitimate child to have the same rights as legitimate child. The reason behind such decision is the human rights which should apply nondiscriminative principle. Some parties disagree with the reasoning behind this decision. They consider the decision unjust and that it violates social and religious norms in giving illegitimate and legitimate children the same rights in spite of the status difference. The author will discuss children’s civil rights based on civil law, human rights, and justice principle in Indonesia.
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Kusmayanti, Hazar, and Agus Mulya Karsona. "Perlindungan Hukum terhadap Anak Diluar Perkawinan bagi Tenaga Kerja Wanita di Kabupaten Cianjur." Ajudikasi : Jurnal Ilmu Hukum 4, no. 1 (July 30, 2020): 39–54. http://dx.doi.org/10.30656/ajudikasi.v4i1.2162.
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Protection of female workers in Cianjur District is indeed necessary, especially when working abroad. One of the problems is when there are many migrant workers who give birth to children out of wedlock and return to Indonesia without their husband. The purpose of this study was to determine the legal protection illegitimate child born by Women Workers in Cianjur Regency and to know the role of the government to cope with unmarried children born by Women Workers in Cianjur District. The study was analytical descriptive with the method of this research approach through normative juridical. The results of the study found that legal protection for illegitimate child born by Indonesian Female Workers in Cianjur has a regulation protecting it, namely Article 28 of the 1945 Constitution, Law No. 35 of 2014 concerning Child Protection, Article 43 paragraph (1) of the Marriage Law and Constitutional Court Decision No. 46 / PUU-VIII / 2010. The role of the government in protecting extramarital children born by Indonesian Workers in Cianjur, West Java is not optimal. The role of the village government is very helpful for women migrant workers, namely finding companies that will send their citizens. Whereas illegitimate child born by migrant workers can be protected one of them by smoothing all administrative processes for these children such as issuing a free birth certificate.
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Ivry, Tsipy. "Tough Choices: Bearing an Illegitimate Child in Japan (review)." Journal of Japanese Studies 37, no. 2 (2011): 467–72. http://dx.doi.org/10.1353/jjs.2011.0065.
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Sarumi, Isa Abdur-Razaq, Azizah bt Mohd, and Norliah bt Ibrahim. "A Polemical Discourse over the Legitimation of Illegitimate Children under Islamic Law." IIUM Law Journal 27, no. 1 (June 29, 2019): 151–79. http://dx.doi.org/10.31436/iiumlj.v27i1.413.
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Muslim jurists unanimously agree that any woman that gives birth to a child, the child is to be attributed to her husband and legitimacy of that child is to be established except in circumstances where the child is disclaimed by the husband through imprecation (li’an). However, dissension over the legitimation of children born out of wedlock has long been recorded in the classical books of Islamic Jurisprudence, although the majority of jurists’ opinion secured an overwhelming preponderance over others. The argument over the legitimation has recently been advanced in order to find a feasible solution to the alarming condition of children born out of wedlock. Interestingly, both opponents and proponents of the legitimation of illegitimate children among Muslim scholars buttress their arguments with the famously narrated hadith “al-walad lil firash” (“The child is traced to the owner of the bed i.e. the legitimate husband).” on the subject matter. Therefore, this article seeks to explore juristic interpretations of the hadith and the rationale behind the scholars’ dissention. This article is a result of a research that has been done through the adoption of a qualitative approach of research, which includes doctrinal and non-doctrinal legal research methodologies. It has been found that attributing a child to his putative father after the acknowledgement does not contravene the fundamental principle of Shariah; it is rather an opinion held by the majority of classical Muslim scholars.
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Atherton, Rosalind. "En ventre sa frigidaire: posthumous children in the succession context." Legal Studies 19, no. 2 (June 1999): 139–64. http://dx.doi.org/10.1111/j.1748-121x.1999.tb00090.x.
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A principal concern of inheritance law is defining the relatedness of individuals. In this context the posthumously born child has to be defined in or out of a kinship network for inheritance purposes. Historically the concerns were ones of paternity and, with it, legitimacy. For the posthumously born child these were vital questions, as the illegitimate child was nullius filius, the son of nobody, and disentitled from inheritance. While modern inheritance law has moved away from the disabilities that illegitimacy once entailed, the responses to questions of relatedness in the context of children born through the new reproductive technologies suggest a different approach - one of exclusion. The frozen embryo which is implanted and born after the father's death raises anew the question of the validity of discriminating between children because of the circumstances of their birth. There is a struggle between the practicalities of the administration of an estate and the philosophy of equality which underpins the modern non-discriminatory approach to children born outside of marriage. This paper explores some of the issues and assesses some of the solutions in contemporary debate.
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Sandimula, Nur Shadiq. "THE STATUS AND RIGHTS OF AN ILLEGITIMATE CHILD ACCORDING TO MAZHAB ASY-SYAFI'I PERSPECTIVE ON THE DEVELOPMENT OF ISLAMIC FAMILY LAW IN INDONESIA." Jurnal Ilmiah Al-Syir'ah 17, no. 2 (December 18, 2019): 121. http://dx.doi.org/10.30984/jis.v17i2.952.
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The problem of free social interaction brings a grave danger to society which is involved the sexual act out of wedlock which is known as fornication (zina) and causes a harming impact on their offspring psychologically, socially and religiously in the society. This paper is trying to analyze the perspective of an order of Shafi'i on the statuses and the rights of an illegitimate child. Based on library research, this research used a descriptive analysis method to derive the data and information from primary classical textbooks of mazhab Shafi'i. The result of this research shows that according to mazhab Shafi'i, a child who was born under six months after intercourse with her legal husband is believed to be an illegitimate child of another man. The children are not related to his/her biological father and the status of the child for his / her father is an ajnabiyya (non-mahram). If the child is a girl, her biological father is fully permissible to marry her. In the conclusion, the child is not related to his / her biological father and does not have any rights from his/her biological father whether a right to receive household expenses, a guardianship for marriage, and rights of inheritance.
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Disemadi, Hari Sutra. "ADULTERY CHILD STATUS IN ISLAMIC LAW AND IN THE CIVIL CODE." Legal Standing : Jurnal Ilmu Hukum 3, no. 2 (October 19, 2019): 20. http://dx.doi.org/10.24269/ls.v3i2.1877.
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Problems regarding the status of children born outside of legal marital relations are still interesting discussions. In the community the status of children is often questioned, because not a few children are born without marriage. So from this this study will focus on the status of illegitimate children in Islamic law and in the Civil Code. The research method used is a normative juridical research method based on secondary data, namely primary legal material, secondary legal material and tertiary legal material. This research shows that in Islamic law and Civil Code the legitimate denial of children can result in the breakup of marriage making the child an illegitimate child and not having an inheritance relationship with his parents, but his mother according to Islamic law. If the child of adultery is associated with obligations and responsibilities regarding survival, then the parents or fathers are still charged with the obligation to provide a living. As the cost of living and the cost of their education as needed or according to their abilities, because he is the biological father of the child. If the status of the adultery child is associated with inheritance according to BW, then he does not inherit at all to the two tunya people. but if it is associated with Islamic inheritance, then he inherits only his mother and his mother's family.
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DISEMADI, HARI SUTRA. "ADULTERY CHILD STATUS IN ISLAMIC LAW AND IN THE CIVIL CODE." Hukum Islam 19, no. 2 (December 23, 2019): 89. http://dx.doi.org/10.24014/jhi.v19i2.7534.
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Problems regarding the status of children born outside of legal marital relations are still interesting discussions. In the community the status of children is often questioned, because not a few children are born without marriage. So from this this study will focus on the status of illegitimate children in Islamic law and in the Civil Code. The research method used is a normative juridical research method based on secondary data, namely primary legal material, secondary legal material and tertiary legal material. This research shows that in Islamic law and Civil Code the legitimate denial of children can result in the breakup of marriage making the child an illegitimate child and not having an inheritance relationship with his parents, but his mother according to Islamic law. If the child of adultery is associated with obligations and responsibilities regarding survival, then the parents or fathers are still charged with the obligation to provide a living. As the cost of living and the cost of their education as needed or according to their abilities, because he is the biological father of the child. If the status of the adultery child is associated with inheritance according to BW, then he does not inherit at all to the two tunya people. but if it is associated with Islamic inheritance, then he inherits only his mother and his mother's family.
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Yunanto, Yunanto. "RECOGNITION OF ILLEGITIMATE CHILDREN IN VARIOUS LAWS IN INDONESIA." Diponegoro Law Review 2, no. 1 (April 28, 2017): 85. http://dx.doi.org/10.14710/dilrev.2.1.2017.85-100.
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In any regulations in Indonesia, there are differences in the inherent status and rights between legitimate and illegitimate children. Consequently, it surely affects the relationship between the children and their parents. Illegitimate children only have the civil relationship with their mothers. In order that the illegitimate children have a certain relationship with their biological fathers, it requires a legal action in the form of the recognition of biological father. However, there are legal ambiguities in the regulations that govern the institution of the recognition of children as stated in the Indonesian Civil Code, Law No. 23 of 2006 in conjunction with Law No. 24 of 2013, and the Decisions of the Constitutional Court No. 46/ PUU-VIII/ 2010 as a corrective provision to the Marriage Law (UUP), and the Islamic Law Compilation (KHI). The legal effects are: the discrimination derived from legal injustice and certainty in the implementation of the child recognition.
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McGrath, James. "Was Jesus Illegitimate? The Evidence of His Social Interactions." Journal for the Study of the Historical Jesus 5, no. 1 (2007): 81–100. http://dx.doi.org/10.1177/1476869006074937.
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AbstractThis article examines the social status of the historical Jesus in relation to recent studies that place Jesus into the social category of an illegitimate child. After surveying the evidence with respect to the situation of such individuals in first-century Mediterranean and Jewish society, we shall proceed to examine whether Jesus’ implied social status (as evidenced by accounts of his adult social interactions) coheres with what one would expect in the case of someone who bore the stigma of that status. Our study suggests that the scandal caused by Jesus’ association with the marginalized clearly implies that he did not himself fall into that category.
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Purwaningsih, Sri Budi. "Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010." Rechtsidee 1, no. 1 (March 19, 2016): 119. http://dx.doi.org/10.21070/jihr.v1i1.99.
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The decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII / 2010 dated 17 February 2012, granted the judicial review of Article 43 (1) of Law No. 1 of 1974 on Marriage by deciding that the article should read "Children who are born outside of marriage just had a civil relationship with her mother and her mother's family as well as with men as a father who can be proved based on science and technology and / or evidence, has blood ties according to law, including a civil relationship with his father's family". This Indonesian Constitutional Court's decision bring Juridical consequence that illegitimate children not only have a legal relationship with her mother, but also has a legal relationship with the father (biological) and his father's family, as long as it is proven with science and technology. The Constitutional Court's decision is a starting point in the legal protection of illegitimate children, namely the "right alignment" between the illegitimate child with the legitimate son. Illegitimate children have the rights to demand their civil rights toward their father (biological) as the same rights obtained by the legitimate son. How To Cite: Purwaningsih, S. (2016). Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010. Rechtsidee, 1(1), 119-130. doi:http://dx.doi.org/10.21070/jihr.v1i1.99
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Purwasaputri, RR Alysia Gita, Sudarsono Sudarsono, and Moh Fadli. "Fulfillment of the Principle of Justice in Making Birth Certificates for Children Born Outside of Legal Marriage Between Both Parents." International Journal of Multicultural and Multireligious Understanding 8, no. 7 (July 11, 2021): 259. http://dx.doi.org/10.18415/ijmmu.v8i7.2837.
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The problem in this study is related to the fulfillment of the principle of justice in making birth certificates intended for children born outside of marriage which is carried out legally between the two parents. This article is normative juridical research with a statutory and conceptual approach. The results of this legal research show that the principle of justice for illegitimate children can be fulfilled by adjusting the provisions regarding the making and issuance of birth certificates for illegitimate children based on the provisions on the status of illegitimate children in the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010. Its cause in contrast to the provisions of the Indonesia Marriage Law regarding the distributive status of children outside of marriage, justice for children in the provisions of the status of children outside of marriage in the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010 is more commutative. Furthermore, the provisions regarding the status of children out of wedlock in the Constitutional Court Decision Number: 46/PUU-VIII/2010 are teleologically more able to provide benefits and fulfill the purpose of establishing the rule of law and in line with the principle of child protection, namely the best interests of the child. The decision of the Indonesia Constitutional Court Number: 46/PUU-VIII/2010 can be implemented by creating a civil relationship between the child out of wedlock and the biological father and the family of the father. In addition, the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010 also has an impact on the administrative field, namely by being able to issue birth certificates for children out of wedlock by including the name of the biological father, so that it is not limited to only including the name of the biological mother.
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Moss, Chris, and Susan Hunter. "Charles Scott Sherrington’s origins." Journal of Medical Biography 28, no. 1 (July 12, 2018): 3–7. http://dx.doi.org/10.1177/0967772017746271.
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James Norton Sherrington who is normally described as the father of Charles Scott Sherrington, winner of the 1932 Nobel Prize for Medicine, died at least eight years before Charles was born. The article discusses whether Charles was born in India of unknown parents or was the illegitimate child of Caleb Rose and Anne Sherrington.
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Syamsulbahri, Andi, and Adama MH. "AKIBAT HUKUM PERKAWINAN BEDA AGAMA MENURUT UNDANG-UNDANG NO. 1 TAHUN 1974 TENTANG PERKAWINAN." AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan 2, no. 1 (July 25, 2020): 75–85. http://dx.doi.org/10.35673/as-hki.v2i1.895.
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AbstractIn reality, in the life of the community that marriage is not a complicated issue where the couple embrace same religion. But this will be a problem if the two couples embrace different religions. This will be a problem because with religious differences, the marriage will be hindered. This study uses the normative juridical method, namely research conducted by reviewing the laws and regulations along with other regulations relevant to the problem under study. The laws and regulations that will be studied in this study are the laws and regulations that are related to marital problems of different religions.The legal consequence of interfaith marriages is that marital status of the different religions is not legal according to each religion so that it is also invalid according to Law number 1 of 1974 concerning marriage. With an illegitimate marital status, it will also have legal consequences on the status and position of the child. Children born from marriages of different religions are illegitimate or out-of-wed children. Because their parents' marriages are not legal marriages, the result is that the child has no civil relationship with his father, and the child only has a civil relationship with his mother.Keywords: Interfaith Marriage; Legal Consequence; Marriage Law.
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Badinjki, Taher. "The trauma of condemnation and the embellishment of an illegitimate child as a source of regeneration in Lizzie Leigh and Ruth." Ars Aeterna 11, no. 1 (June 1, 2019): 53–66. http://dx.doi.org/10.2478/aa-2019-0005.
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Abstract This paper focuses on Mrs Gaskell’s treatment of the erring girl in Lizzie Leigh (1850) and Ruth (1853) and the new elements that she introduces which brand the treatment as different. Contrary to her Victorian contemporaries, Mrs Gaskell stresses the role of religion, the use of biblical quotations on the treatment of the sinner, and the role of motherhood. The paper also shows how Mrs Gaskell makes the illegitimate child an incentive towards repentance and hope of reclamation. Through her motherly love and devotion to her child, a mother rises and grows in character and faith. Moreover, the paper demonstrates Mrs Gaskell’s condemnation of the falsity of the traditional taxonomy of “illegitimate” or “fallen”, and her assertion that social value lies in the inherent properties within the individual. It also highlights how she makes forgiveness for the sinner a duty which society has to fulfil, and maintains that if the charitable and the kind are forced “to lie” because of the existing social and moral attitudes, then it is imperative that they should be changed so that “lies” are unnecessary. It concludes by investigating the stormy reception and the controversy it created among readers.
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Al Amruzi, Fahmi. "HAK DAN STATUS ANAK SYUBHAT DALAM PENIKAHAN." Syariah Jurnal Hukum dan Pemikiran 17, no. 1 (August 5, 2017): 1. http://dx.doi.org/10.18592/sy.v17i1.1539.
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Abstract: Allah has clearly established all good things that are lawful (halal) or forbidden (haram), and between them there is something called syubhat, where most people fall into it and they do not know whether it is halal or haram. If you do not know whether it is halal or haram will a thing, then will arise a phenomenon called as syubhat. A relationship that was made because there is an element of syubhat, whether that happens to a marriage, called syubhat and then to be fasakh, or occurs in watha' which is also called watha' syubhat and consequently bear a child, the child is then called also with “a syubhat child.” Nasab (bloodline or lineage) of a syubhat child, whether resulting from a watha 'syubhat or a syubhat marriage, is set to his father, or a person who has become his/ her watha', because a marriage whether it is shahih or fasid, the nasab (lineage) of a child will remains to his/ her watha', not to his mother, because the Islamic law for a syubhat child is different from that of the illegitimate child. Keywords: Syubhat Marriage, Watha' Syubhat, Syubhat Child, Illegitimate Child. Abstrak: Allah sudah menetapkan semua perkara baik yang halal atau haram jelas dan diantara keduanya ada sesuatu yang disebut syubhat, dimana kebanyakan manusia terjerumus ke dalamnya dan mereka tidak tahu apakah itu halal atau haram. Apabila tidak tahu halal dan haram suatu hal, maka akan timbul suatu penyakit yaitu syubhat. Sebuah hubungan yang dilakukan karena ada sebuah unsur syubhat, baik yang terjadi pada sebuah pernikahan yang disebut syubhat dan kemudian difasakh, atau terjadi pada watha’ yang disebut juga watha’ syubhat dan akibatnya melahirkan seorang anak, anak tersebut pun kemudian disebut pula dengan anak syubhat. Nasab anak syubhat baik yang dihasilkan dari watha’ yang syubhat atau pernikahan Syubhat tetap kepada bapaknya, atau seorang yang telah mewatha’nya. Karena baik nikah shahih atau fasid nasab anak tetap kepada seorang yang mewatha’nya bukan kepada ibunya, karena anak syubhat hukumnya berbeda dengan anak zina. Kata kunci: Nikah syubhat, Watha’ syubhat, Anak syubhat, Anak zina
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Ansari-Pour, M. A. "The Legal Relationship of a Father with his Illegitimate Child under Islamic and Iranian Law." Yearbook of Islamic and Middle Eastern Law Online 6, no. 1 (1999): 140–55. http://dx.doi.org/10.1163/221129800x00104.
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Zhang, Feiyue. "What the Buried Child Stands for: A Thematic Study of Sam Shepard’s Buried Child." English Language and Literature Studies 10, no. 2 (May 27, 2020): 75. http://dx.doi.org/10.5539/ells.v10n2p75.
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As part of the family trilogy of Sam Shepard, Buried Child has been understood in that the corruption of the nuclear family has been identified as the theme of the play, and the guilt and the secret of this American family is the buried child who is regarded as the incestuous relationship between Halie and Tilden. This paper argues that the buried child is not only the illegitimate child in the family, but Dodge and every family member in the play. First, Shepard builds a multi-dimensional space in the play, in which the passage of time and the experience of characters are different, forming a chaos of narration. There are two main spaces represented in the play; the one is the living room, and the other is the backyard, and Dodge lying in the living room is equivalent to the secret child buried in the backyard. Second, Shepard uses a circular rather than linear movement in the play, which symbolizes that everything happened in the house is a closed story, and as one of elements in this circle, every family member becomes the buried child, or part of the buried child. Shepard titled the play with the buried child, using this image to depict the unchangeable influence of American family’s emotional and spiritual inheritance and how it will affect future generations an even deeper mystery.
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Krausz, Bernadett. "A házasságon kívül született gyermek jogállása különös tekintettel a tartásdíj kiszabásának bírói gyakorlatára 1945 és 1950 között Magyarországon." DÍKÉ 5, no. 1 (September 1, 2021): 136–49. http://dx.doi.org/10.15170/dike.2021.05.01.09.
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There was a legal differentiation between children born in and out of wedlock in 1945. The Hungarian State recognised that this differentiation was outdated, thus the Act XXIX of 1946 on the legal status of children born out of wedlock came into force on June 7, 1947. The aims of the Act were that it should cease the differentiation between children born in and out of wedlock and their legal status shall be equal to legitimate children, and the children born out of wedlock (illegitimate children) shall be related to their fathers and their fathers’ kin. It was the first comprehensive regulation regarding child support that came into effect. The study presents the regulations of child support between 1945 and 1950 in Hungary and discloses the court practice regarding child support of the District Court of Zalaegerszeg in the designated period.
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Hamzani, Achmad Irwan. "Nasab Anak Luar Kawin Pasca Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010." Jurnal Konstitusi 12, no. 1 (May 20, 2016): 57. http://dx.doi.org/10.31078/jk1214.
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Constitutional Court Decision No. 46/PUU-VIII/2010 granted the petition Machica Mochtar, who is married with Moerdiono the Islamic religion in accordance, but not recorded. If the marriage was born a boy named Mohammed Iqbal Ramadan. After the decision of the Court, the status of illegitimate children has a civil relationship with his father and his father’s family. Child outside marriage include children born of the marriage legitimate religion, but not recorded, and the children born from adultery. According to Islamic law, the Constitutional Court’s decision is appropriate when applied to the child of a valid marriage according to religious but not registered. Meanwhile, when applied to children outside marriage, adultery result, the Court’s decision is contrary to Islamic law.
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Ali Ghafir, Moh. "Anak Zina Dalam Pandangan Islam." Syaikhuna: Jurnal Pendidikan dan Pranata Islam 9, no. 1 (March 26, 2018): 133–46. http://dx.doi.org/10.36835/syaikhuna.v9i1.3194.
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Adultery is a child born of a mother resulting from a relationship that does not follow the rules of syara’ or the outcome of a forbidden relationship. Children resulting from unmarried relationships, have the same degree in the sight of Allah as the other servants. He is very likely to be a happy person in the world and in the hereafter if he can actualize himself to be a pious person. An illegitimate child is a servant of God who must be respected, he has no difference with the other servants of God. It's just that he was born of irresponsible people. In this case the sin is both perpetrators. Babies who are born will not bear the slightest sin of committing adultery.
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Harper, Juliet. "Reflections on Entitlement to a Child in Australian Women's Journals 1947–1987." Children Australia 15, no. 4 (1990): 8–12. http://dx.doi.org/10.1017/s1035077200003096.
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In the Macquarie Dictionary, a family is defined as “parents and their children, whether dwelling together or not”. To be a couple with no children puts one outside of this category when family is defined in that way. Indeed, it is only recently that the term “single parent family” has been coined and accepted as an alternative type of family structure. Prior to the seventies the reference was to the “single mother and her child” and earlier still, “unmarried mothers” and “illegitimate children” — “fillius nullis”, child of nobody, until the Children's Equality of Status Act in 1977.Society still appears to hold the nuclear family as the ideal2 that is a male and a female, preferably married with one or more children. A couple remain a couple and are not considered a family until such time as they have a child. For those who wish to have a child but are unable to have one, this constitutes a painful situation, but one towards which society feels compassion and in the view of the author, supports the notion that couples are entitled to a child.
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Patton-Imani, Sandra. "Legitimacy and the Transfer of Children: Adoption, Belonging, and Online Genealogy." Genealogy 2, no. 4 (September 20, 2018): 37. http://dx.doi.org/10.3390/genealogy2040037.
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A great deal of both scholarly and public attention has been paid to questions of nature versus nurture in understanding identity and family construction in adoptees, yet much less attention has been given to the ways that power shapes the social reproduction of families through adoption. In this feminist interdisciplinary self-reflexive ethnographic research, I enter the world of online genealogy sites to critically explore the social practice of constructing a family tree as an adoptee. I explore genealogy as a culturally and historically specific representation of patriarchal heteronormative whiteness. I argue that adoptees’ liminal locations between socially understood categories of nature and nurture embedded in online family heritage websites make evident the ways that genealogical templates and stories reproduce mainstream family ideology through the erasure of “illegitimacy”. I consider what I found in my adoptive family history, critically exploring my “legitimate” relationship to my family in relation to the “illegitimate” (and unrecognized) relationship between my family and an enslaved child transferred as property between family members in 1813. This research makes visible power inequalities governing family reproduction at macro levels by exploring the contradictions and slippages regarding family “legitimacy” in micro level online genealogical constructions of adoptees’ family trees.
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KENNEDY, LIAM. "Bastardy and the Great Famine: Ireland, 1845–1850." Continuity and Change 14, no. 3 (December 1999): 429–52. http://dx.doi.org/10.1017/s0268416099003410.
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‘A woman who has had an illegitimate child is looked on with contempt, and would not be associated with. But the young women have a great deal of discretion, and few of them go astray in that way.’Parish of St. Mary's, Cork, 1835While the claim may seem surprising, Irish society enjoys no mean place in the history of sexuality. Malthus may be said to have re-focused attention on the folly of giving free rein to the passion between the sexes, and some historians, as well as contemporary commentators, viewed the state of pre-Famine Ireland as a confirmation of the dangers of runaway population growth. Post-Famine Irish society, by contrast, gave the appearance of being fashioned according to the principles of Malthusian population policy: an older age at marriage for men and women, a rising incidence of permanent celibacy and a relative absence of ‘vice’. Indeed, long before the end of the Victorian era Irish people were renowned for their prudential approach to matters sexual. This extended to sex outside marriage. Irish illegitimacy rates were amongst the lowest in the Western world. Ideologues protested the virtue and purity of Irish women, and of the Irish race more generally.
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Berlinguer, Giovanni. "Population, ethics, and equity." Cadernos de Saúde Pública 15, suppl 1 (1999): S111—S122. http://dx.doi.org/10.1590/s0102-311x1999000500012.
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Demography is impregnated, more or less explicitly, with ethical contents. This is apparent in the words used to support data, which change over time (e.g., the term "illegitimate child" is no longer used). Ethical principles must be analyzed because demography concerns both public policies and individual choice. There is a conflict in this area between the idea of the ethical state, dictating personal behaviors to citizens, and that of decisions based on freedom, supported by three shared values: human rights, pluralism, and equity. This paper examines how these could be reinterpreted in the context of choices regarding population.
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Sarkar, Asit Kanti, and Dr Dipendu Das. "Countering the Hegemony: A Study of Sharankumar Limbale’s The Outcaste." SMART MOVES JOURNAL IJELLH 7, no. 11 (November 28, 2019): 13. http://dx.doi.org/10.24113/ijellh.v7i11.10147.
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The ‘mainstream’ culture in India evolved around Savarna discourses nourished by the caste ideology. Caste ideologies were successfully manipulated to establish Brahminic hegemony and dalit voices were relegated as the ‘other’. Sharankumar Limbale’s autobiography The Outcaste critiques the hegemonic caste system that legitimizes exploitations of the Mahars of Maharashtra. It records the author’s assertion from an illegitimate child to an established writer with dalit consciousnesses. This article, in the light of Gramscian thoughts, focuses on Limblae’s registration of protest and projection of alternative socio-cultural life of the Mahars as dalit cultural strategy of resistance and subversion of the ‘mainstream’ culture.
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Sukiati, Sukiati, and Ratih Lusiani Bancin. "PERLINDUNGAN PEREMPUAN DAN ANAK: STUDI AKIBAT HUKUM PENGABAIAN PENCATATAN PERKAWINAN." Gender Equality: International Journal of Child and Gender Studies 6, no. 1 (March 31, 2020): 121. http://dx.doi.org/10.22373/equality.v6i1.5633.
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Marriage registration becomes a very important element for the validity of marriage. An unregistered marriage has a direct effect on the woman (wife) and child. This problem is one of references for the importance of registering marriage. Marriage registration aims to fulfill women and children’s rights as legal subjects. The work intends to explain how urgent the registration of marriage is in protecting women and children. Using research libraries, data are collected by exploring data sources that are relevant to the topics discussed. This study concludes that the legal impact arising from neglecting marriage registration is not easy. When a dispute occurs, the wife of an unregistered marriage cannot sue her husband. In this case, the wife's position is very weak. Likewise with children, the status of children born is considered as illegitimate children. The child’s unclear status in the eyes of the law causes the parent-child relationship is not strong, so parents may be able to deny his biological child.
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Andrews, Therese. "Radical Changes or Traditional Approaches in a Different Guise? An Analysis of the Norwegian Mother-Child Service." International Journal of Health Services 33, no. 2 (April 2003): 219–34. http://dx.doi.org/10.2190/0lt3-axb7-lxnx-148h.
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In recent years practitioners within the Norwegian mother and child health service have been advised to change their approach to parents, and in particular to play down their traditional “expert” role. On matters concerning their own child, parents have come to be regarded as the “experts,” and scientific knowledge is no longer considered superior to skills gained through practical experience. However, current recommendations for practice are inconsistent, and rather than being reduced, professional authority and control have entered a new mode. Instead of being articulated and made explicit, these aspects of the mother-child service are disguised. The language employed by the service might act to mask attempts to maintain the traditional relationship between professionals and parents. This article does not direct a one-sided critique toward the exercise of professional authority within this field of practice, but instead seeks to initiate a discussion on legitimate and illegitimate forms of authority and control. The analysis draws on two sources of data: documentary materials and interviews with public health nurses.
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Nugroho, Hafidz, and Imelda Martinelli. "AKIBAT HUKUM PENOLAKAN PERMOHONAN ITSBAT NIKAH OLEH PENGADILAN AGAMA TERHADAP PARA PIHAK YANG MELAKUKAN NIKAH SIRI (STUDI KASUS PUTUSAN NOMOR: 1478/Pdt.G/2016/PAJT)." Jurnal Hukum Adigama 1, no. 2 (December 17, 2018): 49. http://dx.doi.org/10.24912/adigama.v1i2.2737.
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Siri marriage is marriage opposed to the act of mating because it is not registered, usually siri marriage used by the husband to have more than one wife, basically nikah siri do not have the force of law and not guarantee the rights of a wife and child, for that entreaty itsbat marriage to the religious court to help the parties husband and wife to get marriage certificate, so that it will have the force of law and guarantee the rights of a wife and chil, but the submission of itsbat nikah rejected by religious court by reason of the husband did not ask for permission wife in the past and the court, how did due to the law of renuncation itsbat nikah ? the author examines these issues with normative juridical analysis. The data were drawn in the ruling writer analyzes that it is has no permit wife in the past and also the court, Resulting in refusal entreaty the itsbat marriage, Its impact is against marital status to be illegitimate in the state, and the status of a child to be children outside of mating. The government should supervise and socialize about the siri marriage and Due to everything that can be inflicted
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Ar., Eka Hendry, Ria Hayatunnur Taqwa, and Syf Fatimah. "The Myth of Sayyidina Ali’s “Illegitimate Child” Crocodile: The Phenomenon of Syncretism Among Coastal Communities in West Kalimantan." Al-Albab 6, no. 1 (August 31, 2017): 3. http://dx.doi.org/10.24260/alalbab.v6i1.574.
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West Kalimantan has various local cultural treasures in the form of ritual traditions, arts as well as oral traditions in the form of pantun, abstinence, legends, and myths. The cultural treasures spread throughout the West Kalimantan regions, one of which is found in the coastal area of the Province. The treasure that attracts the attention of the researchers is the oral tradition of the myth found in coastal areas of Kubu and Teluk Pakedai. The myth is the crocodile of anak kampang Sayyidina Ali (Sayyidina Ali‘s “illegitimate child“). This myth contains many dimensions, ranging from the dimensions of local culture and religious views to syncretism. The researchers also assume that the myth contains a negative stereotype against Shi’a. This research attempts to reconstruct the culture of the myth in various spectra. This research uses ethnography method. It reveals some interesting aspects such as euhemerism of the figure of Imam Ali. The myth also contains a very strong syncretic content, thus arising a paradox of the existing character, between glorifying and degrading. It arises because of a thorough understanding of the history of Islam on the one hand, and the strong style of local tradition held by the community on the other. However, the myth is quite functional for society, because it indirectly instills awareness about nature conservation. Finally, in relation to the allegations of political motives in myth, the researchers found no sufficient data, but the academic suspicion of the researchers had a strong belief in it.
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Dzanurusyamsyi, Dzanurusyamsyi. "UPAYA PENGADILAN DALAM PERLINDUNGAN HUKUM ANAK LUAR NIKAH BERDASARKAN SILA KE-5 PANCASILA." Jurnal Pembaharuan Hukum 3, no. 1 (April 27, 2016): 86. http://dx.doi.org/10.26532/jph.v3i1.1349.
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In accordance with the Marriage Law Article 43 paragraph (1) and Article 100 Compilation of Islamic Law, that child out of wedlock obtain a civil relationship with her mother and her mother’s family. The provisions of article 43 paragraph (1) that the Court’s decision the Constitution of No. 046/PUU-VIII/2010 amended with the new norm, that “children born out of wedlock have links civil with her mother and her mother’s family as well as with men as a father to proven by science and technology and/ or other evidence under the law have blood relations, including civil relations with his father’s family’’ provisions of the new norm is still debatable and the pros and cons in the community that have not been finalized. Therefore, it is necessary to do research on: How Construction illegitimate child protection today; factors that affect the construction of the legal protection of a child out of wedlock is not justice at this time. This study used a qualitative approach with sosiolegal research. Factors that affect the protection of children out of wedlock is not justice due to several factors: -First; Factors Differing perceptions Ulama’ and Judges of children out of wedlock and protection against him; Factors Court decision is very diverse/ varied against illegitimate child protection issues; Factors diversity of perceptions on Registration of Population Administration in Indonesia. Then the provisions of the Marriage Law Article 43 paragraph (1)which has judicial review by the Constitutional Court Decision No. 046/PUU-VIII/2010 and Article 100 of the Compilation of Islamic Law must be reconstructed with the editor of a new article as follows: “a child born out of wedlock has relations civil with her mother and her mother’s family as well as with men as a father who can be proved by science and technology and/ or other evidence under the law have blood relation to the determination/ instruction judge and the Court’s decision, the Muslim Religious Court andbesides Islam in the District Court, including a civil relationship with his family “and there should be an affirmation form of additional chapters in the Marriage Law Article 43 with the editorial article as follows; “If it turns out according to a court ruling that the children who sought their origin was proven seedlings men and women and was born in/ from the marriage valid, then the child becomes legitimate child and have a relationship of civil full and relationships biological children with both parents and get inheritance rights.
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Maslennikova, V. A. "Children «on the side»: feeding industry on territory of Tavrida Province in late XIX–early XX centuries." Omsk Scientific Bulletin. Series Society. History. Modernity 6, no. 3 (2021): 44–48. http://dx.doi.org/10.25206/2542-0488-2021-6-3-44-48.
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Russian Empire in the second half of the XIX–early XX centuries gradually entered the era of modernization of political, economic and social institutions. The disintegration of the patriarchal family entailed a massive exodus of women to cities, which in turn turned out to be on the quantitative indicators of illegitimate births. Lack of funds for food, prompted mothers to leave the child to the mercy of fate. Statistical data is stating that the foundlings grew from year to year. By the end of the XIX century each issue of the periodical press, published in the territory of the Tauride province, contained several reports about foundlings. All children were sent to an orphanage. A wet nurse was assigned to the child, who was supposed to replace his mother. The direction of the research is to describe the patronage system in the Tauride province of the late XIX–early XX centuries
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BRUNET, GUY, and JEAN-LUC PINOL. "Vulnerable and unsteady: life histories and changes of residence of unwed mothers in Lyon at the end of the nineteenth century." Continuity and Change 25, no. 2 (August 2010): 263–84. http://dx.doi.org/10.1017/s0268416010000196.
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ABSTRACTThis article is a study of single mothers in Lyon in the nineteenth century, including what happened to them after they gave birth to an illegitimate child. Unmarried mothers have been the subject of much previous research on different countries but such studies often begin with the last days of the pregnancy and stop a few days after the delivery. Our aim is to look at the life course of single mothers before pregnancy and after delivery. In Lyon, at the time the second French city in terms of population, we studied 2,000 unwed mothers, some of them multiparous, noting their extensive geographical mobility and the frequency of their moves within the city.
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Carp, E. Wayne. "Professional Social Workers, Adoption, and the Problem of Illegitimacy, 1915–1945." Journal of Policy History 6, no. 3 (July 1994): 161–84. http://dx.doi.org/10.1017/s0898030600003912.
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Several years ago, Regina G. Kunzel presented a provocative examination of the Florence Crittenton maternity homes between 1915 and 1945. Her goal was to trace “the history of the transformation from evangelical to professional work with unmarried mothers.” Kunzel's thesis is that in the early twentieth century the control and treatment of unmarried mothers shifted dramatically: from evangelical women “who understood their work in terms of the ‘feminine’ virtues of piety and sympathy” to social work professionals “who claimed expertise based on training in the scientific method.” Evangelical women wanted to redeem “fallen women” in need of salvation—which they regarded as “a moral problem to be solved by sisterhood.” In contrast, social workers viewed unmarried mothers as “social units” requiring scientific treatment and “adjustment.” These differing viewpoints had practical consequences when it came to treating unwed mothers. Evangelical women were committed to keeping mother and illegitimate child together—a principle Kunzel describes as “the cornerstone of womanly benevolence in maternity homes.” In contrast—and this point is at the heart of Kunzel's thesis—social workers were militant proponents of separating mother and child because they believed that the majority of unmarried mothers “were unfit and would be better off giving their babies up for adoption.”
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Bettella, Patrizia. "Children in Fascist Regime Cinema: The Case of Luigi Ballerini’s La Fuggitiva (1941)." Quaderni d'italianistica 34, no. 2 (March 25, 2014): 11–28. http://dx.doi.org/10.33137/q.i..v34i2.21032.
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After a sustained presence in silent movies, children almost vanish in Fascist cinema, which was dominated by the light comedies of the white telephones—a fact that clashes with the regime’s promotion of large families, population increase and the valorization of motherhood. Children begin to reappear in the melodramas of the early Forties mainly as a complement to the figure of the mother, who is depicted in sentimental stories about single parenthood, illegitimate children, hard negotiations between traditional motherhood and self-realization. Piero Ballerini’s film La Fuggitiva (1941) offers an interesting and problematic story of the mother-child relation, where, in the absence of the biological mother, too busy pursuing her theatrical career, we see the glorification of the maternal surrogate, a woman who is a paragon of sacrifice and selfabnegation. La Fuggitiva is also a film in which a child actress takes a prominent role. In this sentimental drama, the little girl suffers for and rebels against the loneliness and neglect stemming from the lack of a mother and a loving family setting. The film stages the crisis of the patriarchal family and the suffering of the child in ways that anticipate De Sica’s I bambini ci guardano.
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Caulfield, Sueann. "The Right to a Father's Name: A Historical Perspective on State Efforts to Combat the Stigma of Illegitimate Birth in Brazil." Law and History Review 30, no. 1 (February 2012): 1–36. http://dx.doi.org/10.1017/s0738248011000587.
Full textAbstract:
Over the past decade, state agencies throughout Brazil have launched initiatives that aim to defend children's rights to their father's name. These initiatives take the form of discrete programs in different states, all of which seek to identify children who lack a paternal last name—an estimated 10–25 percent of all Brazilian children —in hopes of finding their fathers and encouraging or obligating them to legally recognize their paternity and inscribe their names on the children's birth registries. Project staff also sometimes formalize child support arrangements, although this is not the primary objective. Instead, Responsible Paternity projects (as most of them are known) seek to free children from the social stigma of illegitimate birth, thus protecting their constitutional right to equality and human dignity.