Log in

Relevant bibliographies by topics / Marital Jurisprudence / Journal articles

To see the other types of publications on this topic, follow the link: Marital Jurisprudence.

Journal articles on the topic 'Marital Jurisprudence'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Marital Jurisprudence.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

2

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

3

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.

Full text

Abstract:

<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

APA, Harvard, Vancouver, ISO, and other styles

4

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

5

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

6

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

7

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.

Full text

Abstract:

“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

APA, Harvard, Vancouver, ISO, and other styles

8

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

9

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.

Full text

Abstract:

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,

APA, Harvard, Vancouver, ISO, and other styles

10

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

11

Ismanto, Reno. "اغتصاب الزوجة في القانون محو العنف العائلي الإندونيسي مقارنا بالفقه الإسلامي". ASY SYAR'IYYAH: JURNAL ILMU SYARI'AH DAN PERBANKAN ISLAM 4, № 2 (2019): 279–301. http://dx.doi.org/10.32923/asy.v4i2.1007.

Full text

Abstract:

The purpose of this research is to analyze the issue of marital rape provided in the law on the elimination of family violence - Law No. 23 of 2004th- and the draft of book of Indonesian criminal law, compared to Islamic jurisprudence through the views of scholars in the case. The research found the following results: there is difference in meaning of term of rape between Islamic jurisprudence and Indonesian Law. The term of rape in Islamic Jurisprudence formed from two elements: forbidden intercourse and coercion. While the rape in Indonesian Law is based on the absence of choice in intercour

APA, Harvard, Vancouver, ISO, and other styles

12

Prihantoro, Hijrian Angga. "Examining Witness Interest: The Obstacles of Testimony in Islamic Jurisprudence and Positive Law." Justicia Islamica 21, no. 1 (2024): 1–22. http://dx.doi.org/10.21154/justicia.v21i1.8653.

Full text

Abstract:

This study compares Islamic jurisprudence and positive law to explore the obstacles of testimony, focusing on the complexity and controversy surrounding witnesses' interests. Employing a legal comparative method, the research examines self-interest in testimony, emphasizing authoritative sources like fiqh books and Jordanian law, shedding light on the concept of self-interest as its primary focus. It highlights the differences between Islamic jurisprudence and contemporary legal frameworks, providing a nuanced understanding of witness actions in legal processes. This research's findings reveal

APA, Harvard, Vancouver, ISO, and other styles

13

Tahir-ul-Qadri, Prof Dr Muhammad. "The Linguistic and Legal Implications of ‘Waḍribūhunna’ in Sūra al-Nisāʾ (4:34)". Al-Irfan 8, № 16 (2023): 1–16. http://dx.doi.org/10.58932/mulb0024.

Full text

Abstract:

This article presents a thorough examination of the word ‘ḍarb’ within the context of marital relations as depicted in verse 34 of Sura al-Nisaʾ. While traditionally translated as ‘strike them’, this study explores an alternative rendering as ‘turn them away’, as proposed in The Manifest Qur’an, aligning with Islamic principles of marital reconciliation and equitable treatment of women. The analysis encompasses various linguistic nuances of ‘ḍarb’ in classical Arabic, tracing its etymological roots and lexical meanings. Furthermore, it evaluates the chosen translation’s congruence with the Qur

APA, Harvard, Vancouver, ISO, and other styles

14

Singh, Vaishnavi, and Adarsh Singh. "THE LEGAL STATUS OF MARITAL RAPE IN INDIA: AN EXAMINATION OF EVOLVING JURISPRUDENCE." LawFoyer International Journal of Doctrinal Legal Research 3, no. 2 (2025): 25–46. https://doi.org/10.70183/lijdlr.2025.v03.40.

Full text

APA, Harvard, Vancouver, ISO, and other styles

15

Hayati, Fauziah, Nadiyah Seff, and Anwar Hafidzi. "Reconstructing Islamic Jurisprudence in Local Marriage Practices." El-Qist: Journal of Islamic Economics and Business (JIEB) 15, no. 1 (2025): 14–31. https://doi.org/10.15642/elqist.v15i1.2051.

Full text

Abstract:

The practice of jujuran (a monetary gift given before marriage approval) in Banjar society carries complex symbolic meanings encompassing cultural, juridical, and economic dimensions. This study aims to reinterpret Islamic marriage jurisprudence (fiqh) by examining jujuran as a dynamic interaction between normative Islamic legal principles and living social practices. Employing a juridical-normative approach and qualitative legal ethnography, the research explores how the Banjar community perceives the jujuran not as the commodification of women but as a symbol of respect, responsibility, and

APA, Harvard, Vancouver, ISO, and other styles

16

Hayati, Fauziah, Nadiyah Seff, and Anwar Hafidzi. "Reconstructing Islamic Jurisprudence in Local Marriage Practices." El-Qist: Journal of Islamic Economics and Business (JIEB) 15, no. 1 (2025): 14–31. https://doi.org/10.15642/elqist.2025.15.1.14-31.

Full text

Abstract:

The practice of jujuran (a monetary gift given before marriage approval) in Banjar society carries complex symbolic meanings encompassing cultural, juridical, and economic dimensions. This study aims to reinterpret Islamic marriage jurisprudence (fiqh) by examining jujuran as a dynamic interaction between normative Islamic legal principles and living social practices. Employing a juridical-normative approach and qualitative legal ethnography, the research explores how the Banjar community perceives the jujuran not as the commodification of women but as a symbol of respect, responsibility, and

APA, Harvard, Vancouver, ISO, and other styles

17

Özdemir, Nadire. "Family Law, Human Rights and Gender: An Examination of Turkish Comparative Rectitude." Kadın/Woman 2000, Journal for Womens Studies 20, no. 1 (2019): 87–100. http://dx.doi.org/10.33831/jws.v20i1.53.

Full text

Abstract:

This article is an examination of Turkish jurisprudence of comparative rectitude in divorce cases, in terms of human rights and gender. I will focus on the cases in where one spouse (usually the wife) has been adulteress while the other spouse (usually the husband) has committed violence against his spouse. The decisions of the courts claiming the adulteress and violence perpetrator are equal at faults or sometimes violence perpetrator at a lesser fault will be criticized. Critics will be brought on 'fidelity' as a marital duty, which is a vague concept, and its sexist interpretation in legal

APA, Harvard, Vancouver, ISO, and other styles

18

CHEURFA, Samia. "Family Jurisprudence Codification is a Modern Necessity for Family Protection. “Rights and duties of the wife as a model”." Journal of Science and Knowledge Horizons 4, no. 02 (2024): 156–74. https://doi.org/10.34118/jskp.v4i02.4016.

Full text

Abstract:

Islamic Sharia is a rich source of laws and regulations governing the individual Muslims and their relationships with others in all aspects of life. Collectively, these laws are commonly called Islamic jurisprudence or Fiqh. This paper specifically focuses on family law, particularly the marital bond, which is considered the family foundation. For the purpose of preserving the familyand to deducing the appropriate Islamic legal rulings for family matters,then to facilitate its study and implementation by specialists. Some experts unlike others have seen the necessity to codify the Islamic juri

APA, Harvard, Vancouver, ISO, and other styles

19

Koterba, Margaret. "Concept of noogenic immaturity according to the rotal jurisprudence." Ius Matrimoniale 35, no. 1 (2024): 5–29. http://dx.doi.org/10.21697/im.2023.35.1.01.

Full text

Abstract:

The paper delves into the concept of “noogenic immaturity” introduced by Msgr. Erlebach in a post-Sentence reflection. Stemming from Viktor Frankl’s work, this notion expands the understanding of psycho-affective immaturity within the context of matrimonial consent. Msgr. Erlebach outlines the criteria for this psycho-affective immaturity, emphasising its dual assessment involving both the noetic and psychic dimensions. The paper explores the challenges in judicial evaluation, urging a nuanced approach considering divergent value systems among Tribunal Experts. The text also prompts further in

APA, Harvard, Vancouver, ISO, and other styles

20

Łacny, Justyna. "Ocena zgodności z prawem międzynarodowym poselskiego projektu ustawy o równości małżeńskiej." Zeszyty Prawnicze Biura Analiz Sejmowych 4, no. 68 (2020): 105–9. http://dx.doi.org/10.31268/zpbas.2020.77.

Full text

Abstract:

The Deputies’ Bill on Marital Equality provides for the possibility of marriage between two people regardless of their sex. It introduces the possibility of adopting children by a single-sex couple. It does not regulate matrimonial property relationships. The opinion presents the jurisprudence of the ECtHR and international regulations which indicate that they do not contain a clear and commonly accepted definition of marriage. As a result, it cannot be claimed that the parliamentary draft law breaches, international law.

APA, Harvard, Vancouver, ISO, and other styles

21

Moftah Bosheya, Mohamed Shafei. "المالُ المشتركُ بين الزوجين والمطالبةُ به بين الفقهِ والفتوى والقضاء ماليزيا نموذجًا". Journal of Fatwa Management and Research 24, № 2 (2021): 350–70. http://dx.doi.org/10.33102/jfatwa.vol24no2.364.

Full text

Abstract:

Islam guaranteed marital life with great security and care, surrounded it with great concern for the sake of preserving it and made one of its most important goals of affection and compassion that send reassurance and fruitful cooperation between the spouses, so that each of them helps the other in earnings and sources of livelihood. If the marital relationship between them broke down, each of them will sought to demand the other for his/her share of this joint fortune away from stipulated legal dues such as inheritance and alimony. The question is, what is the definition of this money? Does i

APA, Harvard, Vancouver, ISO, and other styles

22

Seo, Jonghee. "Property Division of Lottery Contributions in Divorce: Equitable Division of Non-matrimonial Property in Divorce." Korean Society Of Family Law 37, no. 3 (2023): 25–60. http://dx.doi.org/10.31998/ksfl.2023.37.3.25.

Full text

Abstract:

The U.S. has a fair division of marital property (community property), while the U.K. has a basically equal division. In particular, the United Kingdom does not recognize the division of non-matrimonial property, but in exceptional cases, non-matrimonial property may be considered as marital property and divided, but the division is based on equity, not equal division. Thus, sharing and needs principles are considered together. Our jurisprudence generally does not consider non-matrimonial property to be subject to division, but recognizes it in special circumstances. In other words, our

APA, Harvard, Vancouver, ISO, and other styles

23

Berry, Moulouk. "Gender Debates in Lebanon: Muslim Shi'i Jurisprudence in Relation to Women's Marital Sexual Rights." Hawwa 4, no. 2-3 (2006): 131–58. http://dx.doi.org/10.1163/156920806779152228.

Full text

Abstract:

AbstractThis article deals specifically with the question of sexuality in relation to a wife's sexual rights in Muslim Shi'i law. It sheds light on the works of Muslim Shi'i Lebanese jurisconsult, Muhammad Huseyn Fadl-Allah, who has been instrumental in bringing many changes to gender issues—be it on the ideological or legal levels. This article briefly analyses the roles played by Shi'i women and the Shi'i specific notion of ijtihad in the formulation of progressive rulings that are responsive to women's aspirations.

APA, Harvard, Vancouver, ISO, and other styles

24

Palazzo, Nausica. "Equality in Canada: A tale of non-normative groups struggling with grounds of discrimination." Oñati Socio-legal Series 10, no. 1 (2019): 88–122. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1066.

Full text

Abstract:

This article intends to address the limits associated with a rigid grounds-based approach to equality, requiring claimants to categorize their identity as an enumerated ground to “deserve” the protection of the equality guarantee. To this end, I first shed light on the irreconcilability of rigid grounds with post-structuralist accounts of identity, and then lay claim to an approach to equality that extends its reach to fluid, intersectional groups. Thereafter, taking Canada as a case study, I parse out the Canadian equality jurisprudence, and particularly the cases offering an analysis of grou

APA, Harvard, Vancouver, ISO, and other styles

25

Megha. "Criminalizing Rape Within Marriage." Politikon: The IAPSS Journal of Political Science 20 (June 29, 2013): 124–48. http://dx.doi.org/10.22151/politikon.20.10.

Full text

Abstract:

The paper is an attempt to bring marital rape under the purview of legal discourse in India with substantive equality approach to problematize the existing defined structure of Indian Rape Law. This paper takes up the challenge to create a legal language on the issue of rape within marriage which is till now absent from the legal and social scenario. The equal treatment of women before and under the law within the context of marital rape is critical to ensuring the recognition of women as full citizens, and ensuring their freedom from violence. This paper examines the following questions: how

APA, Harvard, Vancouver, ISO, and other styles

26

Mohammad Amin Ahmadi and Mirabdulqadir Hashimi. "The Qualities of a Righteous Wife in Islamic Law." International Journal of Cultural and Religious Studies 5, no. 1 (2025): 11–20. https://doi.org/10.32996/ijcrs.2023.5.1.2.

Full text

Abstract:

This research presents an in-depth study on the qualities of a righteous wife in Islamic jurisprudence, which are considered important foundations for ensuring family stability and happiness, and strengthening the bonds between spouses. The research problem was identified in the extent of the importance of the wife's commitment to these qualities according to Islamic law to achieve marital happiness. The research aims to identify and clarify the qualities that a righteous wife should possess, such as obedience in what is known, keeping money and secrets, good morals and manners, and the skill

APA, Harvard, Vancouver, ISO, and other styles

27

Andrzejewski, Marek. "Marriage in the Light of Selected Judgements of the Constitutional Tribunal of the Republic of Poland." Law, Identity and Values 1, no. 1 (2021): 7–21. http://dx.doi.org/10.55073/2021.1.7-21.

Full text

Abstract:

This article attempts to show how marital issues are treated in the jurisprudence of the Constitutional Tribunal of the Republic of Poland. The issue of marriage accounts for only a small proportion of all family issues taken up by the Constitutional Tribunal for adjudication. The author points out the need for caution, reliability, and thorough analyses in the justifications, and also highlights the care the Tribunal shows for the stability of provisions regulating family life, which corresponds to the delicacy and stability of relations in marriage and family.

APA, Harvard, Vancouver, ISO, and other styles

28

Yasdin, Aditya Renaldi, Rapung Rapung, and Irsyad Rafi. "Tinjauan Fikih Jinayah Terhadap Konsekuensi Zina dalam KUHP Tahun 1946 dan No. 01 Tahun 2023." AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab 3, no. 4 (2024): 608–30. http://dx.doi.org/10.36701/qiblah.v3i4.1655.

Full text

Abstract:

This research aims to understand the Islamic perspective and the laws related to the definition of adultery, as well as a review of jinayah jurisprudence on the consequences of adultery in the Criminal Code of 1946 and No. 01 of 2023. This research is qualitative with a normative juridical approach, using library research methods by collecting books or references related to the research. The results show that, first, adultery in the perspective of jinayah jurisprudence has a different definition from Article 284 of the 1946 Criminal Code, which considers adultery as intercourse committed only

APA, Harvard, Vancouver, ISO, and other styles

29

Khalijian, Fariba, Alireza Hasani, and Amir Khajeh Zadeh. "Investigating sexual problems and dissatisfaction of couples and its effect on marital disputes in Iran's subject law and judicial procedure." Applied Family Therapy Journal 4, no. 4 (2023): 171–90. http://dx.doi.org/10.61838/kman.aftj.4.4.10.

Full text

Abstract:

Aim: The purpose of this research is to examine the problems and sexual dissatisfaction of couples and its effect on marital disputes in Iran's subject law and judicial procedure. Methods: In this research, the researcher investigated the problems and sexual dissatisfaction of couples and its effect on marital disputes using a library-analytical method in the subject laws and jurisprudence of Iran. Results: It seems that if we consider the basis of the right to annul marriage in the sexual defects included in the mentioned legal articles, to prevent the entry of harm, hardship and embarrassmen

APA, Harvard, Vancouver, ISO, and other styles

30

Shomad, Abd, and Sri Hajati. "Prenuptial Agreement and the Principle of Balanced Justice in the Division of Joint Property in Islamic Marriage Law." Yuridika 40, no. 1 (2025): 129–42. https://doi.org/10.20473/ydk.v40i1.60238.

Full text

Abstract:

The issue of joint property or shared assets (harta gono-gini) is actually a legal area that has not been fully explored, a domain open to ijtihad. The concept of joint property and all its details are not found in the studies of medieval Islamic jurisprudence (fiqh) or classical fiqh. The concepts surrounding joint property have continued to develop and are crucial to be discussed in contemporary studies. The urgent aspect to be researched is the model of managing marital property and the application of the principle of balanced justice in the distribution of marital property within the conte

APA, Harvard, Vancouver, ISO, and other styles

31

Syed Musrrat Iqbal Zaidi, Dr. Sajjad Ali Raeesi та Serfraz Hussain Saeed. "خلع میں حکمِ حاکم کی حیثیت: فقہ جعفری کا مطالعہ". Al-Qamar 3, № 1 (2020): 253–62. https://doi.org/10.53762/pjm72048.

Full text

Abstract:

This article studies the status of the order of the ruler for Khulʻ in Jaʻfarī Jurisprudence. Khulʻ (a form of divorce initiated by a wife) is one of the reasons for separation of husband and wife. It is realized at the time when the wife hates her husband and wants to be free from the marital relationship by giving him some money (property). The question arises that as soon as the spouses agree on the money and the money (property) is exchanged, the separation will happen automatically, or is it necessary to approach to the ruler of Sharīʻah to end the marital relationship? According to the J

APA, Harvard, Vancouver, ISO, and other styles

32

Gupta, Harshita. "When does ‘Consent’ in Marriage End and the Sexual Act Transgress into Rape: Comment Upon Justice Hari Shankar’s Upholding the Constitutionality of the Marital Rape Exception." Commonwealth Law Review Journal 09 (2023): 130–34. http://dx.doi.org/10.55662/clrj.2023.905.

Full text

Abstract:

The marital rape exception under Section 375 has been a topic of debate and discussion ever since its codification in the Indian Penal Code. The recent judgment by a division bench of the Delhi High Court gave a split verdict on whether or not to declare such an exception unconstitutional in light of transformative and progressive development of fundamental rights jurisprudence in the country. This case comment traces the origin of the marital rape exception then goes on to explore Justice C. Hari Shankar’s opinion on upholding the validity of this outrageous exception, while contrasting it wi

APA, Harvard, Vancouver, ISO, and other styles

33

Umar Umar, Mhd. Amar Adly, and Heri Firmansyah. "Problematika Kesaksian Talak dalam Pengadilan Agama Menurut Fiqih Islam dan KHI." Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara 3, no. 1 (2025): 168–75. https://doi.org/10.55606/eksekusi.v3i1.1724.

Full text

Abstract:

Divorce (Talak) is an act that dissolves the marital bond between husband and wife. Divorce is categorized into two types: Talak Raj’i and Talak Bain. In Islamic law, the dissolution of marriage does not necessarily require the presence of a third-party witness. This discrepancy p This study aims to examine the legal foundation of Islamic jurisprudence and KHI concerning the dissolution of marriage, focusing on the differences between these two legal frameworks. Employing the Library Research method, the researcher gathered data related to this issue. The findings reveal significant difference

APA, Harvard, Vancouver, ISO, and other styles

34

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

35

Muhtarom, Ali. "Konsep Keluarga dalam Fikih." AL-HUKAMA 5, no. 1 (2024): 104–22. https://doi.org/10.15642/al-hukama.2015.5.1.104-122.

Full text

Abstract:

Family is the smallest part of the social structure whose existence is so important, so that the role of the family in shaping a social construction cannot be denied. In relation to this case, Islam recommends holding a family based on its regulations though Islam does not clearly explain about the desired actual concept of family. On the other hands, Jurisprudence (fiqh) is the product of the Muslim scholars. It is, therefore, still debatable either an extended family or nuclear family. Actually, jurisprudence does not clearly define the concept of the family. This is because jurisprudence is

APA, Harvard, Vancouver, ISO, and other styles

36

Hanley, Sarah. "“The Jurisprudence of the Arrêts”: Marital Union, Civil Society, and State Formation in France, 1550–1650." Law and History Review 21, no. 1 (2003): 1–40. http://dx.doi.org/10.2307/3595067.

Full text

Abstract:

During the 1500s and 1600s when state building in France depended on the government's ability to staff administrative and judicial offices, prime candidates emerged from the famous law schools. Steeped in new research methods favoring a documentary base, Jurists focused legal studies on the French past, rather than a Roman one, and fostered historical and comparative views of society, law, and nation. Searching in archives for customs and laws, they wrote histories tracing the development of French institutions, including the Parlement of Paris, and devised civic rituals to articulate French c

APA, Harvard, Vancouver, ISO, and other styles

37

Obalowu, Issah Abeebllahi, and Adibah Abdul Rahim. "Marital Infidelity and Paternity Dispute in Nigeria: an Islamic Perspective." AL-HIKMAH: INTERNATIONAL JOURNAL OF ISLAMIC STUDIES AND HUMAN SCIENCES 5, no. 5 (2022): 1–17. http://dx.doi.org/10.46722/hikmah.v5i5.299.

Full text

Abstract:

According to the statistics revealed by the geneticists, there is a rapid and drastic increment in the number of parents that carry out a DNA test to determine the real biological father of their children, whom they have been nurturing for many years. The phenomenon is said to have resulted from the rampant marital infidelity among Nigerians. So, this paper is an attempt to explore the reason for such widespread marital infidelity, the means of curbing it and investigate the Islamic perspective on a DNA test for affirming paternity, and the extent to which the father under whose roof the child

APA, Harvard, Vancouver, ISO, and other styles

38

Shazia, Begum, Zeeshan Sakeena, and Naseem Akhter Dr. "The Right of Dowry of a Woman and the Growing Problems of Society (An Academic and Research Review in the Light of Sharia)." khair ul ummah 2, no. 2 (2023): 39–50. https://doi.org/10.5281/zenodo.8045920.

Full text

Abstract:

<em>Haq Mehr, also known as dowry, is a customary practice in Islamic marriages where the groom gives a mandatory payment or gift to the bride. This abstract explores the concept of Haq Mehr and its significance in Islamic teachings. The discussion covers various aspects related to Haq Mehr, including its definition, types, and recommended practices. It emphasizes the importance of understanding the cultural, social, and legal considerations when determining the Haq Mehr.</em> <em>The work also highlights the obligations and recommendations associated with Haq Mehr. It discusses various source

APA, Harvard, Vancouver, ISO, and other styles

39

Bosheya, Mohamed Shafei Moftah. "Matrimonial property and legality of claiming it between fiqh and the laws of Malaysia, Morocco and Tunisia." Linguistics and Culture Review 5, S4 (2021): 2211–18. http://dx.doi.org/10.21744/lingcure.v5ns4.1918.

Full text

Abstract:

One of the most important goals of the marital relationship is the affection and compassion that drive spouses to cooperate together in earning their livelihood. When the marital relationship breaks down, each of the spouses would claim his/her share of the matrimonial property; such claim is different from the stipulated legal dues such as the inheritance and the alimony. The question is, what is the definition of the matrimonial property? Does this concept exist in the old Islamic jurisprudence? Is it legal to claim this money by one of the spouses or their heirs? And to what extent is the i

APA, Harvard, Vancouver, ISO, and other styles

40

Moses, Julia. "Law, Love and the Limits of Liberalism." WerkstattGeschichte 29, no. 84 (2021): 49–66. http://dx.doi.org/10.14361/zwg-2021-840205.

Full text

Abstract:

Abstract The creation of Imperial Germany in 1871 sparked a nationwide debate about the nature of marriage and the family. Behind these discussions was a common assumption: families were anchored in monogamous marriage. The assumption was so widely held that it was, with few exceptions, unspoken. It was revealed only in exceptional instances, for example, in confrontation with colonial others, bigamists who were deemed criminals or life reformers living on the fringes of mainstream society. By tapping into a discourse about civilization and human progress, it also linked discussions about the

APA, Harvard, Vancouver, ISO, and other styles

41

Jamillah, Jamillah. "The Position of the Marriage Covenant in Positive Law and Islamic Law." International Asia Of Law and Money Laundering (IAML) 3, no. 1 (2024): 23–28. http://dx.doi.org/10.59712/iaml.v3i1.79.

Full text

Abstract:

This study was to determine and analyze the position and legal consequences of marriage agreements in positive law in Indonesia the method of this study is normative jurisprudence that examines the legal regulations through a literature study which is then analyzed and described in the results of research the results of the study revealed that the agreement made before marriage has a position that the, and KompilasiHukum Islam, this marriage agreement is made for the sake of legal protection of the property of each, husband or wife.As a result of the law of the marriage agreement on marital pr

APA, Harvard, Vancouver, ISO, and other styles

42

Umam, Khairul. "Penyerapan Fiqh Madzhab Syafi’i dalam Penyusunan Kompilasi Hukum Islam." Journal de Jure 9, no. 2 (2017): 117. http://dx.doi.org/10.18860/j-fsh.v9i2.6991.

Full text

Abstract:

<p>Islamic Law Compilation is still an interesting topic to study by Muslim scholars in Indonesia. The Islamic Law Compilation is a typical Indonesian jurisprudence used as reference for religious court judges. This article aims to identify the use of the Shafi'ite school on the rules of marriage in the Islamic Law Compilation. This article comes from normative research with a descriptive approach. The results of this study show that the influence of the Shafi'i school is more dominant in the Islamic Law Compilation. However, the compilers of the Islamic Law Compilations used the opinion

APA, Harvard, Vancouver, ISO, and other styles

43

Juyal, Rebnant. "Examining the judicial contours of Sharda vs. Dharmpal case: A critical analysis of the Indian Supreme Court's ruling and its implications on the institution of marriage in India." Indian Journal Health Sexuality and Culture 9, no. 1 (2023): 59–67. https://doi.org/10.5281/zenodo.8248720.

Full text

Abstract:

Abstract Law remains to be a significant instrument regulating the affairs of society. However, since law remains a cohesive instrument in social development, societal factors conjunctionally play a predominant role in legal development in India. Marital relations and constitutional jurisprudence concomitantly come within the subjective ambit of society, culture and development. The case of Sharada v. Dharampal is a landmark judgment of the Indian Supreme Court that deals with the inherent power of a matrimonial court to subject a party to undergo medical examination. The objective of the case

APA, Harvard, Vancouver, ISO, and other styles

44

Supraptiningsih, Umi. "KEADILAN BAGI ISTRI AKIBAT PUTUSAN BATAL DEMI HUKUM." ADHKI: Journal of Islamic Family Law 1, no. 1 (2019): 113–25. http://dx.doi.org/10.37876/adhki.v1i1.1.

Full text

Abstract:

Marriage is carried out in order to create a happy and eternal family according to based on the hand of God. However, sometimes divorce must be exist as it was desired by the husband. Accordingly, he submitted a plea of divorce to the Religious Court to obtain an aproval. As he obtained the aproval from Religious court to divorce his wife, the husband disobeyed the court orders until the time limit was expired. Of course, it lead to the injustice gained by the wife. Accordingly, the current research focused on three aspects, namely (1) the legal consequences of verdict with no pronouncin

APA, Harvard, Vancouver, ISO, and other styles

45

Salem, Khobaib Ali Saeed, Salah Mohamed Moustafa Moustafa Elbahrawi, Ragab Abou Melih Mohamed Soliman, and Ahmed Fathi Ramdan Abdelgayed. "Wife’s right to her husband’s property that is disputed by them both." Linguistics and Culture Review 5, S4 (2021): 2161–67. http://dx.doi.org/10.21744/lingcure.v5ns4.1916.

Full text

Abstract:

This research study addresses the perspective of Islamic jurisprudence on the right established for a wife in her husband’s property that is disputed by them both, especially after termination of their marital relationship. The research problem lies in that many women, upon their separation from their husbands, believe that their husbands’ financial welfare was only a result of their own assistance in undertaking marital responsibilities. This research study attempts to answer the question raised in such cases: What are the rights established for women against their husband in case they claim

APA, Harvard, Vancouver, ISO, and other styles

46

BONFIELD, LLOYD. "Seeking connections between kinship and the law in early modern England." Continuity and Change 25, no. 1 (2010): 49–82. http://dx.doi.org/10.1017/s026841601000010x.

Full text

Abstract:

ABSTRACTThis article observes the ways in which the law mediated kinship relations in early modern England in three contexts: inheritance, marital property law, and provisions for the financially distressed. An enquiry into statutory law adopted during the period indicates that Parliament was not active in legislating in the area of family law. The courts, however, were actively involved in determining the validity of property settlements, thereby setting their temporal bounds. Both the jurisprudence and the settlements themselves illustrate that families became more interested in providing ma

APA, Harvard, Vancouver, ISO, and other styles

47

Novitasari, Ane Fany, Thohir Luth, Djumikasih Djumikasih, and Nur Chanifah. "The Importance of Maturity in Marriage from an Islamic Legal Perspective." Journal of Legal Studies 33, no. 47 (2024): 99–108. http://dx.doi.org/10.2478/jles-2024-0006.

Full text

Abstract:

Abstract This study seeks to examine the notion of marital maturity through the lens of Islamic jurisprudence. It employs a normative legal research methodology, combining philosophical insights, statutory regulations, and contextual analysis. The analytical techniques involve surveying, conducting question-and-answer sessions, thoroughly reading legal materials, and employing deductive analysis. The research results show that in Islamic law, maturity in marriage refers to the boundaries of individuals who have reached puberty. The importance of building a household based on maturity is to cre

APA, Harvard, Vancouver, ISO, and other styles

48

Nisa, Syaifi Udzkhiyatin, and Sabilul Muhtadin. "EKSISTENSI PENGALIHAN PENANGGUNGJAWABAN MENCARI NAFKAH TERHADAP ISTRI MENURUT PERSPEKTIF ILMU FIKIH DAN ILMU PSIKOLOGI." Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam 21, no. 2 (2023): 263. http://dx.doi.org/10.69552/ar-risalah.v21i2.2061.

Full text

Abstract:

Marriage is a way to form a family with sacred ties and based on religious teachings. The existence of this marriage bond will give rise to rights and obligations. Among the duties of a wife are to obey her husband and maintain his honor. Meanwhile, the husband's obligations include the obligation to provide maintenance. Brebes is the second largest district in Central Java Province. This research aims to determine and analyze the impact of the transfer of earning a living on the wife, the factors causing it and the law on the transfer of earning a living from the perspective of Islamic jurisp

APA, Harvard, Vancouver, ISO, and other styles

49

Danarta, Kadek Setyawan. "KARAKTERISTIK PEMASANGAN HAK TANGGUNGAN TERHADAP HARTA PERKAWINAN." JURNAL MEDIA HUKUM DAN PERADILAN 5, no. 2 (2019): 161–74. http://dx.doi.org/10.29062/jmhp.v5i2.84.

Full text

Abstract:

In essence the law is the realization of the protection of the interests of the community. Regarding Marriage Assets Law between husband and wife regulated in the Marriage Law has different legal principles from the Civil Code, so that in its application, Marriage Assets Law is subject to two legal systems, namely Marriage Assets Law based on Civil Code and Wealth Law Marriage based on the Marriage Law. The purpose of this thesis article is about the problem, the legal position of marital property in a household if it is used as a mortgage and the implementation of the mortgage rights to the m

APA, Harvard, Vancouver, ISO, and other styles

50

Latifah Latifah. "Analisis UU TPKS dan Fikih Mubadalah dalam Pembelajaran Fikih Pernikahan di Madrasah Aliyah." Jurnal Miftahul Ilmi: Jurnal Pendidikan Agama Islam 1, no. 3 (2024): 115–27. https://doi.org/10.59841/miftahulilmi.v1i3.119.

Full text

Abstract:

The paradoxical phenomenon of domestic violence (KDRT) within the ideal construct of Islamic marriage, supported by the prevalence of violence against women in Indonesia, forms the empirical basis of this research. Fikih mubadalah, as an interpretative framework that emphasizes the principle of reciprocity in understanding religious texts, and the Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS), as a juridical instrument providing comprehensive protection for victims of sexual violence, constitute the central conceptual elements of this study. This research focuses on the ana

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!