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Relevant bibliographies by topics / Marital Jurisprudence

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Academic literature on the topic 'Marital Jurisprudence'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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Journal articles on the topic "Marital Jurisprudence"

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Umoren, Esther Joseph. "The Need for The Entrenchment of Marital Rape in Nigeria’s Criminal Jurisprudence." Global Journal of Politics and Law Research 11, no. 6 (2023): 1–8. http://dx.doi.org/10.37745/gjplr.13/vol11n618.

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The need for the entrenchment of marital rape in Nigeria's criminal jurisprudence is a pressing issue that requires urgent attention. Marital rape refers to any non-consensual sexual activity perpetrated by a spouse against their partner within the institution of marriage. Despite being a prevalent form of gender-based violence, marital rape is not explicitly recognized as a crime under Nigeria's legal framework. This paper examines the need for the entrenchment of marital rape in Nigeria’s Criminal jurisprudence. Marital rape is rampant in Nigeria, just like any form of rape. Marital rape vic

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Oba, Issa Babatunde. "The dynamics of Islamic marital jurisprudence in Islamic courts: the experience of the Kwara state and Zanzibar." IJoReSH: Indonesian Journal of Religion, Spirituality, and Humanity 2, no. 1 (2023): 43–67. http://dx.doi.org/10.18326/ijoresh.v2i1.43-67.

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Zanzibar is an island located in East Africa and part of the United Republic of Tanzania. In contrast, Kwara State is one of the states of the Federal Republic of Nigeria in the West Africa sub-region. Both regions have similar colonial histories and post-colonial experiences. Islamic Jurisprudence has undergone many reforms since the post-colonial era in Zanzibar Island of Tanzania and Kwara State of Nigeria. Islamic Jurisprudence is used in the adjudication process in Islamic religious courts in these two regions of Africa with a sizeable Muslim population. These courts essentially adjudicat

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Dr., Pooja Sood, and Vinay Sharma Dr. "THE DECRIMINALIZATION OF ADULTERY IN INDIA: IMPACT ON MARITAL JURISPRUDENCE." Indian Journal of Law and Society I, no. 7 (2023): 110–30. https://doi.org/10.5281/zenodo.15455231.

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<strong>ABSTRACT</strong> <em>This paper examines the profound impact of the decriminalization of adultery in India on its marital jurisprudence. Prior to the landmark Joseph Shine v. Union of India judgment in 2018, Section 497 of the Indian Penal Code criminalized adultery, treating the adulterous husband as the sole offender and the wife as a victim. The striking down of this archaic law has ushered in significant shifts in how adultery is viewed and handled within the context of matrimonial disputes. This abstract explores the legal ramifications of this decision, analyzing its influence o

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Shofiyulloh, Shofiyulloh, and Arini Rufaida. "Paradigma Hukum Perkawinan Kontemporer: Studi Atas Konsep Fikih Administratif Bidang Perkawinan." Isti`dal : Jurnal Studi Hukum Islam 11, no. 2 (2024): 164–89. https://doi.org/10.34001/ijshi.v11i2.7145.

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Many Muslims continue to practice marital law according to traditional jurisprudence, which leads to inconsistencies with laws and rules that uphold administrative norms. The significance of Muslims comprehending the framework of current Islamic marital law is underscored by this research. The practice of classical Islamic marital jurisprudence, which solely examines the legal procedure, has given way to a modern paradigm that also takes the process' effects into account. This is evident in issues pertaining to divorce, polygamy, marriage registration, age at marriage, and other administrative

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Aedo Barrena, Cristián. "Algunos problemas relativos a la disolución y liquidación de la sociedad conyugal." Revista de derecho (Coquimbo) 18, no. 2 (2015): 21–50. https://doi.org/10.22199/issn.0718-9753-2026.

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This article goes through some of the problems regarding the dissolution and liquidation of the marital society that have been brought up in the doctrine and jurisprudence, limiting our analysis to three aspects: nature of the remaining community to the dissolution of the marital society; reach of the retroactive effect of the adjudication in the dissolution of the marital society, and some issues relative to the act of regime substitution of article 1723 of the Civil Code.

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Farooq, Mohammad Omar. "Analogical Reasoning (Qiyas) and the Commodification of Women: Applying Commercial Concepts to the Marital Relationship in Islamic Law." ICR Journal 3, no. 1 (2011): 154–80. http://dx.doi.org/10.52282/icr.v3i1.585.

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Analogical reasoning (qiyas) is one of the four sources of Islamic jurisprudence. It is recognised that the outcomes of qiyas are generally speculative in nature. However, a vast portion of the corpus of Islamic law is derived based on qiyas. One such area is marital relationship and mutual rights of the spouses. In several areas of marital relationship and mutual rights, the Islamic jurisprudents have applied concepts and tools that are related to commerce or business (tijarah). Such terminologies include bay’ (exchange/buy/sale) and ijarah (lease). This article examines such employment of bu

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Rana, Nomita, and Raghav Kumar Tanwar. "Forensic justice for marital rape victims in India: deconstructing patriarchal walls through criminal jurisprudence." Forensic Research & Criminology International Journal 13, no. 1 (2025): 71–74. https://doi.org/10.15406/frcij.2025.13.00439.

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“Women would tell me about being raped and I had to sit there and think as a lawyer, ‘Yes, but were they married?’ If (yes,) …I had no options to help them...” These words uttered by Sarah Lerner, London-based lawyer in 1970s, felt foreign to lawyers after spousal rape criminalization in UK (1991) and several other countries including Australia (1976), Canada (1983), South Africa (1993), and USA (1993). However, Lerner’s words are still everyday reality for Indian lawyers who continue to struggle with explaining marital rape victims as to why a country supporting abortion rights to guarantee f

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Chen, Chao-ju. "Single equality in the age of marriage equality." International Journal of Constitutional Law 18, no. 2 (2020): 461–65. http://dx.doi.org/10.1093/icon/moaa037.

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Abstract The twenty-first century has witnessed the rise of a new constitutional jurisprudence of marriage which extends the institution of marriage to include same-sex couples in the name of equality, freedom, and dignity, and an accompanying trend of constitutionalizing marital supremacy. Progressive critics have voiced against the constitutional treatment of marriage as the ideal family form, proposing various approaches to promote equality for diverse families. The inequality of single women without children, however, has not yet received the attention that it deserves in the jurisprudence

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Richardson, Siane. "Marriage: A Get Out of Jail Free Card?" International Journal of Law, Policy and the Family 34, no. 2 (2020): 168–90. http://dx.doi.org/10.1093/lawfam/ebaa004.

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Abstract Marital rape is a particularly heinous form of sexual violence that occurs within intimate relationships. However, throughout much of the world, the marriage contract affords legal immunity to marital partners who would otherwise be convicted as sexual offenders. By reviewing the laws of the Commonwealth jurisdictions, this research highlights the necessity for reform in many jurisdictions that continue to allow for marital exemptions to sexual offending. This review identified three main forms of marital exemption, that is the general marital exemption to the primary sexual offence,

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Khosyi’ah, Siah. "Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia." Al-Manahij: Jurnal Kajian Hukum Islam 11, no. 1 (2018): 35–48. http://dx.doi.org/10.24090/mnh.v11i1.1266.

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The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint

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Dissertations / Theses on the topic "Marital Jurisprudence"

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Lé, Vanessa. "Évaluation des facteurs reliés à la violence familiale dans le cadre de la jurisprudence portant sur la garde d'enfants." Thèse, 2017. http://hdl.handle.net/1866/20730.

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Books on the topic "Marital Jurisprudence"

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Cipriani, Lucile. La justice matrimoniale à l'heure du féminisme: Étude sociojuridique de la jurisprudence québécoise sur la prestation compensatoire, 1983-1991. Groupe de recherche multidisciplinaire féministe, Université Laval, 1996.

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Fehlberg, Belinda. Sexually transmitted debt: Surety experience and English law. Clarendon Press, 1997.

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3

Allen, Wilcoxon S., and Gladding Samuel T, eds. Ethical, legal, and professional issues in the practice of marriage and family therapy. 4th ed. Pearson Merrill Prentice Hall, 2007.

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Allen, Wilcoxon S., and Gladding Samuel T, eds. Ethical, legal, and professional issues in the practice of marriage and family therapy. 4th ed. Pearson Merrill Prentice Hall, 2007.

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1947-, Remley Theodore Phant, Gladding Samuel T, and Huber Charles H. 1949-, eds. Ethical, legal, and professional issues in the practice of marriage and family therapy. 5th ed. Pearson, 2012.

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6

Quintero, Gilberto Guerrero. Declarativa concubinaria y partición de bienes comunes: Doctrina, jurisprudencia, legislación. Libreria Alvaronora, 2013.

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7

Borrero, María Cristina Coral. Régimen de la sociedad conyugal: Legislación, jurisprudencia y doctrina. Ediciones Doctrina y Ley, 2002.

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V, Alex F. Plácido. Regímenes patrimoniales del matrimonio y de las uniones de hecho en la doctrina y en la jurisprudencia. Gaceta Jurídica, 2002.

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9

Editorial PuntoLEX. Departamento de Estudios Jurídicos. Jurisprudencia de la sociedad conyugal y la separación de bienes. Thomson Reuters PUNTOLEX, 2010.

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Editorial PuntoLEX. Departamento de Estudios Jurídicos. Jurisprudencia de la sociedad conyugal y la separación de bienes. Thomson Reuters PUNTOLEX, 2010.

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Book chapters on the topic "Marital Jurisprudence"

1

Hitchings, Emma. "The impact of recent ancillary relief jurisprudence in the ‘everyday’ ancillary relief case." In Marital Rights. Routledge, 2017. http://dx.doi.org/10.4324/9781315091464-14.

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Farr, James r. "Marriage and the Uses of the Law: Legislation, Adjudication, and Litigation." In Authority and Sexuality in Early Modern Burgundy (1550-1730). Oxford University PressNew York, NY, 1995. http://dx.doi.org/10.1093/oso/9780195089073.003.0005.

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Abstract During the early modern period, authority and sexuality were defined in a moral order constituted by intersecting and reciprocally supportive ideologies of authoritarian politics, hierarchical social relations, reformed religion, and the law. The ediface of power and authority was patriarchal, and so a marital ethic was perhaps the fundamental mortar holding the structure together. This ethic was clearly embodied in royal legislation, and it just as clearly guided the jurisprudence of the courts of the realm. But if honor able marriage was the goal of nearly all French men and women,

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3

Halder, Debarati. "Extra Marital Affairs, Breach of Trust in Marriage, and Therapeutic Jurisprudence." In Minding the Gap Between Restorative Justice, Therapeutic Jurisprudence, and Global Indigenous Wisdom. IGI Global, 2022. http://dx.doi.org/10.4018/978-1-6684-4112-1.ch007.

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Therapeutic jurisprudence (TJ) emphasizes the law's healing touch to cure the socio-legal evils that may hamper the wellbeing of people at large. The chapter deals with extramarital affairs, breach of trust in marriages, and the role of TJ in restitution of justice for spouses, especially female spouses who may be pushed to trauma, extreme depression, frustration, and anger due to extramarital affairs by unfaithful husbands with special reference to India. In ancient Hindu Codes and customary laws, extramarital affairs by husbands did not find specific mention as offensive behavior in marriage

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Christian, Bumke, and Voßkuhle Andreas. "7 Art. 6 GG: Marriage and Family." In German Constitutional Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198808091.003.0007.

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This chapter deals with Art. 6 of the Grundgesetz (GG), which guarantees protection for marriage and the family. Art. 6 GG protects marriage and the family from state interference, and also creates a special principle of equality. Paragraphs 4 and 5 create constitutional rights for mothers and children born outside of marriage. The chapter first considers the jurisprudence of the Federal Constitutional Court concerning the scope of protection for marriage and the family, including issues concerning discrimination against same-sex relationships, freedom to marry, marital cohabitation, the right

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Alvarez, José E., and Judith Bauder. "Unity Within Diversity: Comparisons with the ICCPR and the ICESCR." In Women's Property Rights Under CEDAW. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/oso/9780197751879.003.0006.

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Abstract This chapter considers how the Human Rights Committee (HRC) under the International Covenant on Civil and Political Rights (ICCPR) as well as the Committee under the International Covenant on Economic, Social and Cultural Rights (ICESCR) have addressed property interests. It indicates how both Covenants, despite the absence of explicit property rights protections, have blurred distinctions within their respective texts to produce comparable jurisprudence under a common human rights framework. It addresses the ICCPR’s and ICESCR’s respective concepts of equality and discrimination and

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van Doorn-Harder, Nelly. "Women’s Religious and Social Activism in Southeast Asia." In The Oxford Handbook of Islam and Women. Oxford University Press, 2023. http://dx.doi.org/10.1093/oxfordhb/9780190638771.013.38.

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Abstract In the course of discussing the topic of women’s activism, this chapter looks at the rights of Muslim women through the lens of universal human rights. Across Southeast Asia, Muslim women are active in the workplace and in public life in general. Although the issues that are at stake differ depending on the local situations, Muslims advocating for gender and women’s rights from Indonesia and Malaysia lead the debates and activism concerning the inequality of women based on interpretations of religious precepts on issues such as marital rape, polygyny, and child marriage. Connected by

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7

Booth, Marilyn. "Marriage and Silences." In The Career and Communities of Zaynab Fawwaz. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192846198.003.0006.

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This chapter assesses Fawwaz’s writings on marriage, divorce, and family life, 1892‒1900. In stand-alone essays and a long-running debate with a customs official, published in the journal Fursat al-awqat, Fawwaz addressed the exploitation of late versions of Islamic fiqh (jurisprudence) and its hadith sources, and the fiction of the Islamic basis of extreme seclusion, as patriarchal mechanisms to keep women subordinate and unhappy in marriage. It assesses the reformist views of Muhammad ‘Abduh while arguing that Fawwaz focused less on legal change and more on the prevalence of misogynistic vie

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Reznikova, M. O. "SECTION 9. CLAIMS (GENERAL AND SIMPLIFIED) AND SEPARATE PROCEEDINGS AS A PREROGATIVE FOR CONSIDERATION AND RESOLUTION OF CASES ARISING FROM MARITAL RELATIONS." In IMPACT OF MARTIAL LAW IN UKRAINE ON THE FURTHER DEVELOPMENT OF JURISPRUDENCE. Baltija Publishing, 2024. http://dx.doi.org/10.30525/978-9934-26-440-5-9.

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Kelly, James. "‘The Past is Irrevocable’: Justice, Punishment and Irish Romantic Writing." In Law, Equity and Romantic Writing. Edinburgh University Press, 2024. https://doi.org/10.3366/edinburgh/9781399500371.003.0011.

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This chapter looks at Irish literature and penal reform in the post-Union period to consider the way in which enlightened attitudes to justice and penology encountered complicating colonial and sectarian issues in Ireland. By looking at a range of primary sources including writings on jurisprudence, imaginative literature, and reports on religion in prisons, the chapter aims to reveal how commentators on punishment and reform all sought to highlight the distance between ideals of jurisprudence and the lived reality of the legal system. Maria Edgeworth, Sydney Owenson, Charles Maturin, Watty Co

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Conference papers on the topic "Marital Jurisprudence"

1

Dubova, A. O. "Analysis of the mechanism of implementation of rights to forculously alienated and seized property under the conditions of marital state in Ukraine." In TOPICAL ISSUES OF MODERN JURISPRUDENCE. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-313-2-17.

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