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Journal articles on the topic 'Marriage proposals'
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1
Karney, Benjamin R., and Thomas N. Bradbury. "Contextual Influences on Marriage." Current Directions in Psychological Science 14, no. 4 (August 2005): 171–74. http://dx.doi.org/10.1111/j.0963-7214.2005.00358.x.
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Current proposals to promote and strengthen marriage among low-income populations focus on values and behavioral skills as primary targets of intervention. Marital research that examines contextual influences on marriage calls these emphases into question. Ethnographic and survey research reveal no evidence that populations experiencing higher rates of divorce value healthy marriages any less than other populations do. Longitudinal and observational research reveals two mechanisms through which the environment of a marriage may enhance or constrain effective relationship maintenance. First, some environments contain fewer sources of support and pose more severe challenges than others, presenting marriages in those environments with greater burdens than marriages in more supportive environments are faced with. Second, when demands external to the marriage are relatively high, even couples with adequate coping skills may have difficulty exercising those skills effectively. Together, such findings suggest that successful policies and interventions to strengthen marriages need to acknowledge the environments within which marriages take place.
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Sandberg, Russell. "Marital Problems: The Law Commission's ‘Getting Married’ Consultation Paper and Non-Qualifying Wedding Ceremonies." Ecclesiastical Law Journal 23, no. 2 (April 27, 2021): 140–59. http://dx.doi.org/10.1017/s0956618x2100003x.
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This article explores the Law Commission's proposals on how and where people can get married in England and Wales as found in their ‘Getting Married’ Consultation Paper. It examines the extent to which the Commission's proposals will deal with or mitigate concerns expressed about two types of non-qualifying wedding ceremonies: ‘unregistered religious marriages’ where the couple undergo a religious ceremony that does not comply with the requirements of the Marriage Act 1949, and ‘non-religious marriages’ where the ceremony is conducted by celebrants representing a belief organisation (such as Humanists UK) or by independent celebrants and so is also outside the Marriage Act 1949 and not currently legally binding. The article largely welcomes the Commission's proposals but expresses concern about the proposed officiant system and how it defines belief organisation; the proposed changes to the law on validity; and the creation of a new criminal offence. The article develops these three points further and contends that, while a transformed weddings law could recognise non-religious marriages and reduce the number of unregistered religious marriages, the introduction of statutory cohabitation rights upon separation is needed to truly deal with concerns over unregistered religious marriages.
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Nurjana, Siti, and Qoniah Nur Wijayani. "MYTH OF REJECTING MARRIAGE PROPOSALS IN MADURA: A HERMENEUTICAL PERSPECTIVE IN ISLAMIC EDUCATION." Edusoshum : Journal of Islamic Education and Social Humanities 3, no. 3 (January 26, 2024): 120–29. http://dx.doi.org/10.52366/edusoshum.v3i3.80.
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This research is based on the unique phenomenon of the myth of rejecting marriage proposals in Madura, which reflects the complex dynamics between Islamic values and local culture. This study aims to explore the meaning and interpretation of the myth and understand the relationship between Islamic education and local culture in the context of rejecting marriage proposals. The research method is qualitative and hermeneutic perspective with an in-depth interview approach with religious and community leaders, document studies to analyze local literature, and participatory observation to gain a direct understanding of social and cultural norms. The results showed that the hereditary belief of the ancestors, believed by her descendants, was that if a girl rejected her first proposal, she was believed to be exposed to reinforcements, which meant that she would have difficulty in finding a mate. This is influenced by the social dynamics, culture, and religious values of Islam. These findings reveal thematic patterns that illustrate the complex interplay between religious values and local traditions, providing a deeper understanding of the norms that shape of rejecting marriage proposals rejection in Madura. Islamic education plays a crucial role in shaping the moral and ethical foundations that influence decisions regarding marriage. The integration of local religious and cultural values in Madura is also seen through myths and hereditary beliefs regarding the rejection of proposals.
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Jauhar, Ghufran. "Customary Sanctions for the Cancellation of a Marriage Proposal in Krueng Barona Jaya Subdistrict, Aceh Besar." WARAQAT : Jurnal Ilmu-Ilmu Keislaman 8, no. 1 (June 30, 2023): 42–57. http://dx.doi.org/10.51590/waraqat.v8i1.486.
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A marriage proposal, or 'meminang' in Indonesian, is a promise a man makes to marry a woman he proposes to. This promise is subject to cancellation due to various factors, either from the man or the woman. However, according to the prevailing customs in Aceh, Indonesia, when a marriage proposal is canceled, the party responsible for the cancellation is subjected to customary sanctions. This research explores the forms of customary sanctions imposed for the cancellation of marriage proposals and examines their compatibility with the concept of 'Mashlahah Mursalah' (public interest). This study employs a qualitative method with an empirical juridical approach. The findings reveal that customary sanctions for canceling a marriage proposal involve the forfeiture of the gold given as a symbol of the bond if the man initiates the cancellation. On the other hand, if the cancellation is initiated by the woman, the gold must be returned twofold. The 'pinangan' gift is considered a non-refundable grant in case of cancellation, regardless of whether the man or the woman initiates it. However, when evaluating the customary sanctions for canceling marriage proposals in light of Mashlahah Mursalah, they are deemed invalid as they contravene several principles of Mashlahah Mursalah, including conflict with the consensus of scholars regarding the law of dowry, contradicting the evidence from the Quran and Sunnah regarding the prohibition of unlawfully taking others' property, and negating greater public interest while opening the door to potential harm.
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Robinson, Victoria. "IV. Problematic Proposals: Marriage and Cohabitation." Feminism & Psychology 13, no. 4 (December 2003): 437–41. http://dx.doi.org/10.1177/09593535030134006.
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Stark, Barbara. "Marriage Proposals: From One-Size-Fits-All to Postmodern Marriage Law." California Law Review 89, no. 5 (October 2001): 1479. http://dx.doi.org/10.2307/3481162.
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Bakker, Pieter. "Gender equality in customary marriages: Is the deregulation of customary marriages the solution?" Acta Juridica 2023 (2023): 152–85. http://dx.doi.org/10.47348/acta/2023/a7.
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Although the Recognition of Customary Marriages Act 120 of 1998 (RCMA) contains provisions to ensure equality between the spouses in a customary marriage, the RCMA has serious deficiencies that are detrimental to the weaker party in customary marriages. To rectify the deficiencies in customary marriages and other relationships, the South African Law Reform Commission (SALRC) and the Department of Home Affairs (DHA) are conducting simultaneous investigations into South African marriage law. This article critically discusses the proposals of the SALRC and the DHA to determine whether the proposed legislation will address the current deficiencies in the RCMA. As an alternative to the proposals of the SALRC and the DHA, the deregulation of customary marriages is advanced as a solution to the inequitable position of spouses in customary marriages under the RCMA. isiNdebele: Nanyana umThetho wokwAmukela imiTjhado yesiNtu we-120 ka-1998 (Recognition of Customary Marriages Act (RCMA)) umumethe iindinyana zokuqinisekisa ukulingana phakathi kwabalingani emtjhadweni wesintu, i-RCMA inokutlhayela okukhulu okulimaza ihlangothi elibuthakathaka emitjhadweni yesintu. Ukulungisa ukutlhayela lokho emitjhadweni yesintu kanye nobunye ubudlelwano, iKomitjhini yokuBuyekezwa kwemiThetho yeSewula Africa (South African Law Reform Commission (SALRC)) kanye nomNyango wezangeKhaya (Department of Home Affairs (DHA)) benza iphenyo ngesikhathi sinye mayelana nomthetho wemitjhado weSewula Afrika. I-atikili le ihlathuthula kabanzi ngeemphakamiso ze-SALRC ne-DHA kobana kuthathwe isiqunto sokobana ingabe umthetho ohlongozwako uzokuqalana nokutlhayela kwagadesi okuku-RCMA. Njengenye indlela yeemphakamiso ze-SALRC ne- DHA, ukuqedwa kwemithetho yemitjhado yesintu kuthuthukiswe njengesisombululo sobujamo bokungalingani kwabalingani emitjhadweni yesintu ngaphasi kwe-RCMA.
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Dr. Asma Seemi Malik, Anam Rafaqat, and Maryam Zafar. "MARRIAGE PROPOSALS & SELF-PERCEIVED EXPERIENCES OF FEMALES FOR STANDARD OR IDEAL BEAUTY: AN EXPLORATORY STUDY OF PAKISTAN." Journal of Arts & Social Sciences 10, no. 1 (June 30, 2023): 42–54. http://dx.doi.org/10.46662/jass.v10i1.324.
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In Pakistan, female have been facing numerous challenges during search of best marriage proposal. Over the globe ideal beauty standards have been implicated for female which might be negatively influence their mental and physical health. Findings of the current study analyzed the differences in perception, thoughts, exposure and feelings of individuals regarding their personal or physical appearance and society’s positive or negative influences over their perception while looking for marriage proposal. The present study identified the in-depth experience or perception of individual through interviews of 12 females who have been rejected in different marriage proposals and who have been perceived the social norms and cultural barriers that female have been facing all around them while searching for life partner. When females’ perception were analyzed through content analyses technique, 8 major themes identified followed by initial coding and sub-themes i.e. self-perception, societal pressure, self-care/ beauty charmer, rejection factors, media networking, psychological issues, gender Differences, and self V/S society. About 15 major themes emerged from the analysis of responses of the participants who had gone through with typical rejection process during marriage proposal were as following; self-perception, societal pressure, selection criteria, religious perspective, beauty standards, rejection factor, social comparison/ responsibilities, psychological issues, socialization, socio-economic comparison, social networking, self v/s society, marriage proposal, gender difference, and culture. The study came into limelight the religious aspects of beauty that is universal and standardized, that was created by the almighty Creator of each and everything which is beautiful and complete in its all aspects. Also, the issues that have been created for females due to socio-cultural expectation believes regarding ideal beauty standards which imparted psychological and physical consequences that were usually negative or detrimental for female health and well-being. The rejection has been basically announced on the basis of typical selection criteria formulated by specific class and followed within that social circle.
Key words: marriage proposal, self-perception, societal pressure, selection criteria, religious perspective, beauty standards, rejection factor, gender difference
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Kukreja, Reena. "Colorism as Marriage Capital: Cross-Region Marriage Migration in India and Dark-Skinned Migrant Brides." Gender & Society 35, no. 1 (January 7, 2021): 85–109. http://dx.doi.org/10.1177/0891243220979633.
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This article, based on original research from 57 villages in four provinces from North and East India, sheds light on a hitherto unexplored gendered impact of colorism in facilitating noncustomary cross-region marriage migrations in India. Within socioeconomically marginalized groups from India’s development peripheries, the hegemonic construct of fairness as “capital” conjoins with both regressive patriarchal gender norms governing marriage and female sexuality and the monetization of social relations, through dowry, to foreclose local marriage options for darker-hued women. This dispossession of matrimonial choice forces women to “voluntarily” accept marriage proposals from North Indian bachelors, who are themselves faced with a bride shortage in their own regions due to skewed sex ratios. These marriages condemn cross-region brides to new forms of gender subordination and skin-tone discrimination within the intimacy of their marriages, and in everyday relations with conjugal families, kin, and rural communities. Because of colorism, cross-region brides are exposed to caste-discriminatory exclusions and ethnocentric prejudice. Dark-skin shaming is a strategic ideological weapon employed to extract more labor from them. The article extends global scholarly discussion on the role of colorism in articulating new forms of gendered violence in dark-complexioned, poor rural women’s lives.
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Iram, Humaira, and Amina Muazzam. "Self-Esteem Body Image And Self-Consciousness Among Women After Rejection Of Marriage Proposals." Pakistan Journal of Gender Studies 12, no. 1 (March 8, 2016): 71–86. http://dx.doi.org/10.46568/pjgs.v12i1.200.
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The purpose of this study is to identify the phenomena of marriage proposals rejection among working and non-working women. It is hypothesized that there is significant difference in self esteem, body image and self consciousness of working and nonworking women after rejection of marriage proposals. The sample was comprised of (N=170) women from which (n=79) was working women and (n=91) was nonworking women. Sample was recruited by using snowball sampling technique. Mix method research design was used in this study. The major tools of this study include Rosenberg Self-Esteem Scale (SES) by Rosenberg (1965), Body Image Scale (BIS) by Moeen, Muazzam & Zubair (2013) Self-consciousness Scale revised (SCS-R) by Scheier & Carver (1985). The findings showed that body image, proposals rejected by self, number of siblings, younger married sisters, low designation and old age are a predictor of proposals rejection faced by women. The other findings revealed that there is non-significant difference in self esteem, body image and self consciousness among working and non-working women after rejection of marriage proposals. It was also explored that there was non-significant relationship in self esteem, body image and self consciousness among women.
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Gogarty, Brendan, Anja Hilkemeijer, and Daniel Westbury. "Religious-based exemptions from anti-discrimination law: Comparing jurisdictions that permit same-sex marriage." Alternative Law Journal 43, no. 3 (August 16, 2018): 225–28. http://dx.doi.org/10.1177/1037969x18783437.
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In response to the recent passage of same-sex marriage law and the establishment of a Religious Freedom Inquiry (the Ruddock Panel), there has been considerable public debate on whether current exemptions for religious bodies under anti-discrimination law should be extended to individuals with a religious or conscientious objection to same-sex marriage. The authors compared current proposals for widening exemptions in anti-discrimination legislation to the legal position in the 29 other jurisdictions which permit same-sex marriage. If proposals that are currently debated were enacted, Australia would be the only jurisdiction to wind back its protections for LGBTIQ+ individuals against discrimination.
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Jordán, Miguel Ángel. "Analysis of Mr. Collins’ proposal: Jane Austen’s realism as a strategy for social criticism." DIGILEC: Revista Internacional de Lenguas y Culturas 8 (December 29, 2021): 83–98. http://dx.doi.org/10.17979/digilec.2021.8.0.8581.
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Jane Austen's novels are a faithful portrait of many of the customs and rules of her time’s society. By depicting her sociocultural environment, Austen confers a greater realism to her works and adds coherence to her characters’ attitudes. She also employs realism as a strategy to make a subtle social criticism, highlighting the negative consequences of some of her time’s laws and rules. In the present article, a sociocultural context is offered about clerics, courtship and marriage proposals, and the legal device of the entailment, which will lead to a better understanding of the subsequent analysis of Pride and Prejudice’s chapter 19, in which Mr. Collins’ marriage proposal to Elizabeth Bennet is related. Through this analysis, the way in which Austen criticizes the precarious situation of women in her time will be explained, as well as its subsequent consequences on marriage engagements.
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Kerridge, Roger. "Tax, Marriage and the 1988 Budget." Cambridge Law Journal 47, no. 3 (November 1988): 477–82. http://dx.doi.org/10.1017/s000819730012046x.
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There appeared in the March issue of the Cambridge Law Journal an article criticising the rules under which married, separated and divorced people were taxed in the United Kingdom. The article dealt with the position as it was in the tax year 1987/88, before the 1988 Busdget. The 1988 Budget made radical proposals for change and, at the time of writing, these proposals have just been enacted as part of the Finance Act 1988. On the whole the changes are to be welcomed. They will introduce rules which will be both simpler and fairer than those they replace. Having said this, the new system will include or retain some rules which are, in effect, left-overs from the old and which will make both for unnecessary complications and continued unfairness.
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Wasimi, Abdul karim. "العادات المعوّقة للزواج في ولاية كابيسا بأفغانستان." Al-Risalah: Journal of Islamic Revealed Knowledge and Human Sciences (ARJIHS) 7, no. 1 (June 30, 2023): 190–235. http://dx.doi.org/10.31436/alrisalah.v7i1.430.
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ABSTRACT
This research is aimed to investigate on customs and traditions of marriage in Kapisa province, Afghanistan. It aimed at answering these main questions: customs and traditions that put obstacles to marriage; how to overcome these hurdles; and fixing them within the Islamic paradigm to make it easy for everyone to marry and not make one refuse marriage. The significance of this study is to try to figure out the solutions to the impediments of marriage in a particular Islamic society that suffers more than any part of the country. Marriage has an important role in the betterment of society and preserving human generation which is the main objective of Islamic law. The researcher uses an inductive method for collecting data from Islamic sources of Al-Quran, hadith, past and contemporary Muslim jurists` opinions; and an analytical method to analyze the information gathered from the mentioned sources including field study conducted through interviews with religious scholars and societal reformists. The researcher reviewed customs and traditions at different stages of marriage such as traditional of ma marriage proposals, engagement periods, marriage ceremonies, and customs of weddings, criticized those customs and traditions, and looked at those spheres which are mostly obstructive to the marriage process in Kapisa province. To end the research, some proposals for changing cultural practices hindering Islamic marriage among eligible youths were made.
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Khalil Abdul maqsood Abdul Hamid, Khalil Abdul maqsood Abdul Hamid. "Problems facing college student married in Saudi society )English Abstract(." journal of king abdulaziz university arts and humanities 27, no. 1 (January 8, 2019): 227–51. http://dx.doi.org/10.4197/art.27-1.8.
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The current study aimed to identify social problems of marriage (inside and outside the family) of female university students، to also ins provide some proposals for social service to face marriage problems for female university students. This study is of descriptive studies. This study based on a sample of Social survey method on the preparatory year students of human science path for (102) student’s , and questionnaire tool is applied to determine marriage problems for social، educational ، and economic female university students. The study found that the social problems of marriage for female university students within the family are: - The frequent burdens of Family that effect on student study This study also emphasized on the most important social problems in marriage for female university students outside the family are: - Lack of understanding by husband's family for the responsibilities of student's study The study also reported that the most important economic problems in marriage for female university students are: - Frequent of requests from teachers as doing researches and expensive office work The current study emphasized on the most important educational problems in marriage of female university students which are: - Non – compliance of university systems to the circumferences of married student The study also concluded with providing a set of proposals to activate the role of social service to face marriage problems for female university student
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Smith, Bradley Shaun, and JA Robbie Robinson. "An Embarrassment of Riches or a Profusion of Confusion An Evaluation of the Continued Existence of the Civil Union Act of 2006 in the Light of Prospective Domestic Partnerships Legislation in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 2 (June 15, 2017): 29. http://dx.doi.org/10.17159/1727-3781/2010/v13i2a2640.
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As it stands, South African family law currently holds that the Marriage Act 25 of 1961 applies exclusively to the solemnisation of heterosexual civil marriages while same-sex couples have no choice but to formalise their relationships in terms of the Civil Union Act 17 of 2006. In addition, the legal position is complicated by the fact that the latter Act not only allows both heterosexual and homosexual couples to conclude a civil union, but also provides that a civil union may take the form of either a marriage or a civil partnership, both of which enjoy the same legal recognition as, and give rise to the same legal consequences, as a civil marriage under the Marriage Act. In January 2008, a draft Domestic Partnerships Bill saw the light of day, the potential enactment of which casts significant doubt as to whether the prevailing framework should be retained. With this potential development in mind, this paper considers the desirability of maintaining the "separate but equal" status quo by: (a) comparing the South African Law Reform Commission's pre-Civil Union Act proposals with the approach eventually adopted by the legislature; (b) comparing and contrasting the post-Civil Union Act position in South Africa with that of an established and well-ordered jurisdiction such as the Netherlands and, in the light hereof, considering the cases for and against repealing the Civil Union Act; and (c) by considering the desirability and practicality of the civil partnership's potential co-existence with the Domestic Partnerships Bill (as modified in accordance with a recent study). A proposal is made that could provide a less complex and better streamlined family law dispensation in South Africa.
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Hopkins, Nicholas, Elizabeth Welch, and Sam Hussaini. "The Law Commission's Project on Weddings Law Reform." Ecclesiastical Law Journal 23, no. 3 (August 23, 2021): 267–79. http://dx.doi.org/10.1017/s0956618x21000351.
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The Law Commission has consulted on provisional proposals for reform of the law governing how and where couples can get married in England and Wales. This article gives an overview of those proposals, with particular focus on religious weddings, including Anglican weddings. It examines proposed changes to each aspect of the process of getting married, from the preliminaries to the people required to officiate at the wedding, the permitted locations and the rules governing the content of the ceremony. The article argues that the legal status of marriage itself is highly flexible, recognising a range of unions. The proposed reforms aim to reflect the diverse range of views about the meaning of marriage, and ensure that the way in which the law recognises a legally binding wedding fits with the many different traditions according to which religious groups celebrate the formation of marriage.
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Ali Qassim, Tabarek, and Nawal Fadhel Abbas. "Impoliteness Formulas, Triggers, and Purposes to Refusal as Employed by Iraqi English Learners." Arab World English Journal 1, no. 1 (July 1, 2022): 44–58. http://dx.doi.org/10.24093/awej/kust.4.
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The present study aims at scrutinizing the impoliteness types, causes, and purposes utilized by Iraqi English language learners when refusing marriage proposals. Thus, it attempts to answer the questions: (1) what are the impoliteness formulas used by the Iraqi learners of English in refusing marriage proposals?, and (2) What are their impoliteness triggers/causes and the purposes? The study is significant in bridging the gap that few linguistic types of research concentrate on studying intentionality and emotions allied with impoliteness. Data were collected from 35 Iraqi learners of English responding to 6 situations of marriage. The data were analyzed using Culpeper’s (2011) formulas of impoliteness and Bousfield’s (2007) impoliteness triggers and intentions. The findings revealed that the most regular impoliteness formulas were insults and pointed criticisms/complaints. Regarding impoliteness triggers, the Iraqi learners’ responses reflected anger and disapproval as the most common triggers of impoliteness. Lastly, impoliteness was utilized as an instrument of insulting, quipping, and showing grudge when refusing the marriage situations; however, some impoliteness occurred as a counseling technique. The study concludes with some recommendations for future works.
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Zuhriah, Erfaniah, Lutfiana Dwi Mayasari, Erik Sabti Rahmawati, Abdul Qayuum Bin Abdul Razak, and Imam Sukadi. "Dispen-ku Android-Based Application: Assisting Religious Court Judges in Deciding for Marriage Dispensation." AL-IHKAM: Jurnal Hukum & Pranata Sosial 18, no. 2 (December 31, 2023): 519–43. http://dx.doi.org/10.19105/al-lhkam.v18i2.8773.
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The high rate of child marriage in Indonesia following the marriage dispensation procedure demands an application to help judges decide the proposals accurately and effectively. This 4D development model research aims to create a standard reference in making decisions regarding the dispensation of marriage proposals using an application. The first stage is defining variables used at the application as measurement, the second stage is designing, namely the process of preparing a conceptual framework in the form of technological innovation, the third stage is developing technological innovation and the fourth stage is disseminating, namely the use of an application. At the defining stage, the variables to measure the level of urgency in granting the marriage dispensation include Social, Partnership Role, Financial, Spiritual, and Reproductive or Sexual Readiness. At the designing stage, the Dispen-Ku application is created using Kodular, a website that provides tools for creating Android applications using block programming. In the disseminating stage, the Dispen-ku application which has been uploaded to the Playstore page is distributed to research subjects, namely two judges in Religious Courts.
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Tabarek, Ali Qassim, Abbas Nawal Fadhel, and Mei Hooi Chee. "Refusal and politeness strategies favoured among Iraqi and Malaysian learners in marriage proposals." Discourse and Interaction 16, no. 2 (December 20, 2023): 29–50. http://dx.doi.org/10.5817/di2023-2-29.
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The study targets exploring the similarities and differences between Iraqi and Malaysian learners of English in refusing marriage proposals. Also, it examines the favored politeness strategies that learners use to protect their interlocutors’ face, heeding both their social distance and status. Data were gathered by a Discourse Completion Task (DCT) which contained six marriage situations. Responses were analyzed based on Beebe et al.’s (1990) refusal taxonomy and Scollon et al.’s (2012) politeness system. The findings indicated that both the Iraqi and Malaysian learners preferred the indirect refusal strategies in marriage proposals, as well as the hierarchical politeness in the form of independence strategies regardless of the social status and distance between interlocutors. However, they differed in the sort of indirect strategies most frequently utilized. The Iraqi learners favored reason, regret, and non-performative statements, whilst the Malaysian learners preferred regret, non-performative statements, and reason.
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Fatima, Fatima. "Perempuan Sebagai Anak dan Hak-Haknya dalam Perkawinan (Studi terhadap Peraturan Perundang-undangan dan Praktek di Pengadilan Agama)." JURNAL INDO-ISLAMIKA 2, no. 1 (June 20, 2012): 125–47. http://dx.doi.org/10.15408/idi.v2i1.1660.
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This paper aims to investigate how women or girls as daughters are administered in Islamic family laws and how they are awarded rights in regard to marriage. It also analyses how judges at Islamic courts solve the cases involving women as daughters. It, therefore, discusses how, according to Indonesian Islamic family law, women, as daughter could obtain permissions to get married when their parents are reluctant to marry them. It also discusses how they have also right to obtain permission to get married although they have not reached the minimum age of marriage. Investigating a number of judgments from Islamic courts of Central, South, West and East Jakarta and using socio-legal approach, this paper reveals that the proposal for marriage dispensation by parents at religious courts increased from year to year and that the proposals were often approved by judges. It also demonstrates that judges mostly conclude that the reluctance of parents to marry their daughters is based on legal reasons so that judges often decide to appoint ‘wali hakim’, as a substitute to ‘wali nasab’.
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Couch, Kenneth A., Gayle L. Reznik, Christopher R. Tamborini, and Howard M. Iams. "The Distributional Impact of Social Security Policy Options." Research on Aging 39, no. 1 (December 16, 2016): 135–65. http://dx.doi.org/10.1177/0164027516656140.
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Using microsimulation, we estimate the effects of three policy proposals that would alter Social Security’s eligibility rules or benefit structure to reflect changes in women’s labor force activity, marital patterns, and differential mortality among the aged. First, we estimate a set of options related to the duration of marriage required to receive divorced spouse and survivor benefits. Second, we estimate the effects of an earnings sharing proposal with survivor benefits, in which benefits are based entirely on earned benefits with spouses sharing their earnings during years of marriage. Third, we estimate the effects of adjusting benefits to reflect the increasing differential life expectancy by lifetime earnings. The results advance our understanding of the distributional effects of these alternative policy options on projected benefits and retirement income, including poverty and supplemental poverty status, of divorced and widowed women aged 60 or older in 2030.
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Ranđelović, Višnja. "Criminal offense of forced marriage in international criminal law." Crimen 15, no. 1 (2024): 123–37. http://dx.doi.org/10.5937/crimen2401119r.
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During armed conflicts in some countries, it became a common practice for fighters to force women to serve as wives. Although there is usually no official conclusion of marriage, in this way a relationship is created that is in many ways similar to a conjugal relationship. In a forced marriage, "wives" were expected to maintain regular sexual relations with their "husbands", but also to perform housework, get pregnant, take care of born children and their "husbands". Having this practice in mind, the Prosecutor before the Special Court for Sierra Leone determined this behavior as forced marriage and qualified it as other inhuman acts within the framework of crimes against humanity. This opened the door for a lot of legal problems related to the "new" crime. Namely, the question arose as to what the criminal act of forced marriage entails, i.e. what is the actus reus of this criminal act. Then, what is the difference between forced marriage and some other acts of crimes against humanity that are similar to it, such as, for example, sexual slavery. And finally, is forced marriage an act that is similar in its character to other acts of crime against humanity, so that it could be classified as other inhumane acts. The paper analyzes the etiological-phenomenological dimension of forced marriages in Cambodia, Sierra Leone and Uganda. After that, decisions of Extraordinary Chambers in the Courts of Cambodia, Special Court for Sierra Leone and permanent International Criminal Court are analyzed regarding all disputed issues related to forced marriage: the status of this act in international criminal law, the relationship with other similar international criminal offenses and the concept of forced marriage. Finally, proposals de lege ferenda are presented regarding the definition of forced marriage and its explicit prescription in international criminal law.
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Kravtsov, Aleksey Yur'evich, and Arkadiy Dmitrievich Filimonov. "Russia's State Family Policy: Analysis of Current Legislation and Problematic Issues." Юридические исследования, no. 3 (March 2023): 105–18. http://dx.doi.org/10.25136/2409-7136.2023.3.40114.
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The subject of the study is the implementation of the state family policy in the Russian Federation, as an institution of family support, on the decent existence of which the functioning and development of any society and state directly depends. The authors consider in detail such aspects of the topic as the availability of a comprehensively elaborated regulatory framework as a foundation for the implementation of various measures laid down in the state family policy, including the provision of financial and economic measures aimed at supporting the family, as well as the preservation and strengthening of traditional family values (including countering the ideology of same-sex marriages, LGBT communities, childfree worldview, etc.). A special contribution of the authors to the study of the topic is the identification of legislative gaps in the regulation of certain types of family and legal relations, in particular in the regulation of marriage and family relations, countering the spread of same-sex marriages and sex change, as factors negatively affecting the strengthening and development of the family, the demographic situation in the Russian Federation. The result of the study is proposals to amend the current legislation of the Russian Federation regarding the grounds for refusal to register a marriage, invalidation of the marriage, as well as giving the prosecutor the authority to apply to the court with a statement of claim containing a requirement to recognize a marriage in which persons of the same sex are invalid. In addition, measures are proposed to strengthen counteraction to the propaganda of non-traditional views on gender identity (primarily among minors).
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Cast, Alicia D., and David S. Schweingruber. "Conformity to Heterosexual Engagement Proposal Scripts: Do Same-Sex Couples Benefit?" Socius: Sociological Research for a Dynamic World 8 (January 2022): 237802312211391. http://dx.doi.org/10.1177/23780231221139119.
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Previous research on engagement proposals finds that conformity to a traditional engagement proposal script legitimates the couple in the eyes of the larger community. This script, however, has long been held to be heteronormative, enforcing norms about not only marriage but also gender. Using a sample of college students at a midwestern university, the authors explore whether conformity to a heterosexual engagement proposal script transfers the same social legitimacy to same-sex couples. Using vignettes, participants were asked to rate the strength and likelihood of staying together of three types of hypothetical couples (female-male, female-female, and male-male) on the basis of the traditionality of the engagement proposal script. Results suggest that relationships that conform to a traditional engagement proposal script are evaluated as being stronger and more likely to last, regardless of the sex category composition of the couple.
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Stojanowska, Wanda. "PRAWNE ŚRODKI ZAPOBIEGANIA POCHOPNEMU ZAWIERANIU MAŁŻEŃSTW W ŚWIETLE BADAŃ SOCJOLOGICZNYCH." Zeszyty Prawnicze 12, no. 3 (December 16, 2016): 21. http://dx.doi.org/10.21697/zp.2012.12.3.02.
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LEGAL MEANS OF PREVENTING INJUDICIOUS MARRIAGE IN THE LIGHT OF SOCIOLOGICAL RESEARCH Summary The results of the statutory research presented in the present study are part of a completed research project on the methods of decreasing the number of divorces. The project envisaged two main research areas: 1) the prevention of injudicious marriage, and 2) divorce. An analysis was carried out on the research results for the former area, conducted by interviewers using the structured interview method. Interviews were conducted in eight voivodeships and within three groups of respondents: 120 newlyweds, 40 heads of Polish registry offices (Urząd Stanu Cywilnego), and 40 priests conducting pre-marital courses. The subject of the research and its theoretical considerations were the legal means of preventing injudicious marriage provided for in the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), Article 4 (on the one-month mandatory waiting time for the contraction of marriage) and Article 10 (on the mandatory issue of court consent for a person between the ages of sixteen and eighteen to contract a marriage), as well as the need to introduce a compulsory pre-marital medical examination, which has been the subject of debate for a long time. The study ends with a summary presenting an evaluation of the current legal provisions and court practice, as well as proposals for changes in the law e.g. in methods of preparing couples for marriage as envisaged conducting pre-marital courses. The subject of the research and its theoretical considerations were the legal means of preventing injudicious marriage provided for in the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), Article 4 (on the one-month mandatory waiting time for the contraction of marriage) and Article 10 (on the mandatory issue of court consent for a person between the ages of sixteen and eighteen to contract a marriage), as well as the need to introduce a compulsory pre-marital medical examination, which has been the subject of debate for a long time. The study ends with a summary presenting an evaluation of the current legal provisions and court practice, as well as proposals for changes in the law e.g. in methods of preparing couples for marriage as envisaged by Canon Law.
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Yazid, Mhd. "Conservatism of Islamic Legal Arguments in Granting Marriage Dispensation at the Indonesian Religious Courts." Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum 21, no. 1 (April 28, 2023): 1–14. http://dx.doi.org/10.32694/qst.v21i1.2489.
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This article discusses additional legal arguments used by judges in granting proposals for marriage dispensation at the Religious Courts. The article is based on the fact that many of these cases were granted by judges at the Religious Courts in the midst of child protection initiated by the state through Law no. 16 of 2019. This research discusses additional arguments used by judges in several Religious Courts in Indonesia in considering the best interest for children in marriage dispensation decisions. The data in this article was collected from judges' decisions regarding marriage dispensation in 2022. Using a legal philosophy approach, this article finds that additional arguments are a very decisive part for judges in granting marriage dispensation. In other words, the judge cannot grant a marriage dispensation without additional arguments. Among these arguments are the principles of fiqh, the Qur'an or interpretation, hadith, fiqh, and social conditions.
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Darong, Hieronimus Canggung, Erna Niman, and Yosefina Helenora Jem. "Face Threatening Act and Gender Bias in Manggarain Marriage Proposal, Indonesia." Interdisciplinary Journal of Sociality Studies 2 (August 31, 2022): 51–62. http://dx.doi.org/10.38140/ijss-2022.vol2.05.
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This study aimed to describe and analyze the spokesmen's politeness strategies and gender bias in their utterances when making a marriage proposal in Manggarai, Indonesia. This study was under the philosophy of interpretivism with the employment of descriptive qualitative design. Six spokesmen in three different marriage proposals were the main source of data. Since the researchers were participant observers, relevant data notes were taken. To support the observation data, the researchers conducted interviews and documentation studies. Dwelling pragmatic theory, the obtained data were analyzed through some stages: data reduction, data display, and drawing a conclusion. It is discovered that on record without redressive consisting of positive and negative type is predominantly used as a strategy followed by redressive and off the record. In addition, gender bias was found in the use of the figurative language of metaphor, simile, and symbolism in the spokesmen’s utterances. In order to have effective and meaningful interpersonal relationships and communication, it is, therefore, crucial that we understand what to say and how to say it.
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M, Muzayyanah. "Bhekalan dalam Tradisi dan Hukum (Studi Kasus pada Masyarakat Pakisan)." Al-Adillah: Jurnal Hukum Islam 1, no. 2 (September 15, 2021): 9–18. http://dx.doi.org/10.61595/aladillah.v1i2.179.
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Proposals are not a condition of marriage. However, the prevailing practice in the community shows that the proposal is a preliminary step that is almost certainly done in the community. It is customary in Pakisan village, that to carry out a marriage, the Bhekalan process is preceded. Bhekalan in Indonesian is the same as engagement. Bhekalan bond occurs after the man proposes to the woman either by himself or through an intermediary, and the proposal is accepted by the woman. The period between the receipt of the application and the holding of the marriage is called the Bhekalan period. Bhekalan bond not only changes the status between a man and a woman as a married couple (engaged), but also changes the views and attitudes of parents and society. Parents will make allowances for the association of abhekalan couples, which previously were very strict on the association of their children. They are given the freedom to go alone, together, stay at Bhekalnya's house, especially during Eid and other events. It became a normal thing for them. Seeing the condition of the Pakisan people who incidentally have sufficient religious knowledge, both formal education, madrasah diniyah or Islamic boarding schools, the author feels the need to raise this issue into a scientific work by looking at the association during the Bhekalan period in Pakisan village from the point of view of Islamic law and customary law, Of course, it cannot be separated from today's social context. Therefore, it must refer to the principle of the levels that occur in society (social stratification).
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Subramanian, Narendra. "Making Family and Nation: Hindu Marriage Law in Early Postcolonial India." Journal of Asian Studies 69, no. 3 (August 2010): 771–98. http://dx.doi.org/10.1017/s0021911810001476.
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Postcolonial states responded differently to the group-specific personal laws that were recognized in many colonial societies. While some retained most colonial personal laws (e.g., Lebanon) and others introduced major changes (e.g., Tunisia), most introduced modest yet significant changes (e.g., Egypt, India, Indonesia). Indian policy makers retained personal laws specific to religious groups, and did not change the minority laws, although minority recognition did not rule out culturally grounded reform. They changed Hindu law alone based on their values, as they saw Hindu social reform as the key to making nation and citizen. Reform proposals drew from the modern Western valuation of the nuclear family, and from Hindu traditions that were reformed to meet standards of modernity. As Hindu nationalists and other conservatives defended lineage authority, legislators retained much of the lineage control over ancestral property. But they provided limited divorce rights, reduced restrictions on mate choice, and banned bigamy. The visions driving the initial proposals influenced many later changes in India's family laws.
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Bezvikonnaya, Elena V., and Ekaterina A. Gydova. "REALIZATION OF THE RIGHT TO INFORMATION ABOUT THE HEALTH STATUS OF THE FUTURE SPOUSE." Russian Studies in Law and Politics 8, no. 1 (March 29, 2024): 35–49. http://dx.doi.org/10.12731/2576-9634-2024-8-1-173.
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In the context of the dispositivity of the norms of family law, which enshrine the right of future spouses to undergo a medical examination before marriage registration, law enforcement practice is being formed, which makes it difficult to implement this rule of law. The reason is the absence of authorized entities who are obliged to inform about this right and the procedure for passing a medical examination. The purpose of the article is to identify contradictions in the practice of applying the norms of family law on medical examination of persons entering into marriage and to develop proposals to eliminate them. The subject of the study is the institute of personal rights and freedoms of spouses, which includes a dispositive rule on the right of future spouses to undergo a medical examination. The result of the study is proposals for amendments to family law and legislation in the field of health protection. The novelty of the research lies in the generalization of the practice of legal support for medical examination of persons entering into marriage. Based on foreign and Russian experience, the opinions of the expert community, proposals for amendments to the family legislation of the Russian Federation are formulated. For the science of family law, the article is of interest, since expert positions on key problematic aspects of medical examination are summarized, and the author's point of view on the need to replace the dispositive norm with an imperative norm is substantiated. The component of scientific novelty is the author's assessment of foreign experience in regulating legal norms, based on the belonging of states to the Romano-German or Anglo-Saxon legal systems.
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Opromolla, Adriana. "Law, Gender and Religious Belief in Europe: Considerations from a Catholic Perspective." Ecclesiastical Law Journal 9, no. 2 (April 11, 2007): 161–74. http://dx.doi.org/10.1017/s0956618x07000324.
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In the teaching of the Catholic Church, the institution of marriage derives directly from God, for common good and for the good of spouses and children. Human authorities are called upon not to transform its characteristics and to avoid any attempts to distort them. However, the Church is today confronted with a changing understanding of the notion of ‘gender’ and with new considerations about the meaning of ‘marriage’ on behalf of parts of society and of political institutions. Based on an overview of the recent legislative and political proposals concerning family issues at the European level, this article aims to assess what model of family the Member States of the European Union are developing, and how the traditional concept of marriage could be influenced by this evolution.
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Umam, Syafiul, and Mochammad Arifin. "Intregasi Konsep Kafa'ah Terhadap Peminangan Menurut Aadat Jawa." Fakta: Forum Aktual Ahwal Al-Syakhsiyah 1, no. 1 (February 16, 2023): 14–21. http://dx.doi.org/10.28926/fakta.v1i1.767.
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The understanding of kafaah in Javanese traditional marriages is an internalization of Islamic values as an assimilation of Javanese customs. There is a Javanese traditional marriage process with various considerations, so the concept of kafaah can be used as an option for consideration that is humanistic and beneficial. In fact, the traditional understanding regarding proposals in Javanese customs is a form of local wisdom that becomes a habit, but also not a little too much, causing problems in the future. It is also something that should be realized together, that goodness should be seen and carried out from the consideration of religious aspects, which is expected to minimize disputes.
This type of research uses library research, a series of research activities related to library data collection methods. The analysis includes data presentation and discussion is carried out qualitatively and conceptually. Data analysis must always be linked to the context and construct of the analysis.
Departing from the legal basis of kafaah in Islam, the size of the concept of kafaah and efforts to integrate the proposal in Javanese customs are expected to create religious considerations and awareness of the proposal process. So that it can minimize problems that arise due to elements of habit that are too prioritized. Integration is one of the paths towards policy in determining potential life partners.
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Rabets, A. M. "Marital Legal Personality and Marital Legal Status: Correlation Problems." Courier of Kutafin Moscow State Law University (MSAL)), no. 5 (August 14, 2023): 76–84. http://dx.doi.org/10.17803/2311-5998.2023.105.5.076-084.
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The article provides a comparative study of two legal categories: marital legal personality and the legal status of a married person; the author’s definitions of each of these categories are given, a detailed description of the family legal status as part of the general marital legal status of an individual including a number of special statuses: family legal, civil legal, and also enshrined in the branches of public law. The definition of the concept of marriage is formulated taking into account the legal status of a married person, a proposal for its legislative consolidation, as well as a number of proposals for improving the norms of family and a number of other branches of law regulating the legal status of a married person.
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Taborda, Francisco. "Matrimônio e questão de gênero. Considerações teológico-sacramentais em perspectiva latino-americana." Revista Eclesiástica Brasileira 67, no. 267 (April 9, 2019): 532. http://dx.doi.org/10.29386/reb.v67i267.1497.
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Em perspectiva latino-americana, o autor aborda o tema das relações entre matrimônio e gênero. A partir do axioma: lex orandi – lex credendi, descreve o matrimônio na prática habitual latino-americana, com destaque para dois aspectos: o rito do enlace matrimonial e a vida matrimonial. Pergunta, como, neles, se espelha a relação de gênero, e observa uma contradição entre o modo de praticar o rito e a experiência da vida conjugal e familiar de todo dia. Constata a presença de duas concepções que geram uma tensão entre a praxe cultural e as propostas do Evangelho, o que é normal, visto ser o matrimônio um dado da criação, antes de ser instituído um sacramento. O autor analisa também a liturgia do casamento aprovada pela CNBB e pergunta, se ela resolve ou não a tensão cultura X Evangelho. Sublinha, enfim, o desafio que essa tensão significa para o matrimônio cristão.Abstract: The author deals with the relationship between marriage and gender from a Latin-American perspective. Starting from the axiom: lex orandi-lex credendi, he describes marriage as it is usually practiced in LatinAmerica, emphasizing two of its major aspects: the matrimonial rite and married life. Asking how gender relations influence these two aspects of marriage, he notices a contradiction between the way the rite is practiced and the every day experience of married and family life. He also notices the presence of two concepts that produce some tension between the cultural praxis and the Gospel’s proposals and sees this as a normal occurrence since, before being instituted as a sacrament, marriage was already a datum of the Creation. The author analyses the matrimonial liturgy sanctioned by the National Conference of Brazilian Bishops and wonders whether or not it solves the tension “culture versus Gospel”. Finally he stresses how this tension has become a challenge for the Christian marriage.
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Jowett, Adam, and Elizabeth Peel. "Reshaping relational scripts? Marriage and civil partnership proposals among same-gender couples." Psychology & Sexuality 10, no. 4 (August 13, 2019): 325–37. http://dx.doi.org/10.1080/19419899.2019.1645726.
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Matnazarova, Yusupova Oysha. "The Right Of A Husband (Wife) To Inherit At The Factual Dissolution Of Marriage." American Journal of Political Science Law and Criminology 02, no. 12 (December 27, 2020): 100–107. http://dx.doi.org/10.37547/tajpslc/volume02issue12-16.
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In many foreign countries today, the development trends of marriage and family show that along with the officially strengthened relationship between husband and wife, the factual relationship is also becoming more important. This in turn affects the couple’s right to inherit. The rapidly evolving processes of interstate integration and globalization make it necessary to improve the inheritance rights of couples in the law of succession, which is relatively conservative in nature. The aim of this research is to improve the existing inheritance law of the Republic of Uzbekistan by defining the criteria for declaring a marriage relationship between the spouses in practice and studying the scope of the spouses' legal rights to inherit in the event of the actual dissolution of the marriage. To achieve this goal, the following tasks have been identified: to clarify the status of the couple, to analyze the actual dissolution of the marriage as an obstacle to the exercise of the right of inheritance, development of proposals to improve national legislation on the rights of spouses to inheritance through the study of foreign experience.
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KROKOFF, LOWELL J. "The Correlates of Negative Affect in Marriage." Journal of Family Issues 8, no. 1 (March 1987): 111–35. http://dx.doi.org/10.1177/019251387008001006.
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The present study assessed the interaction and cognitive styles that were associated with different levels of negative affect for husbands and wives. Without an observer present, 28 couples audiotaped problem-solving discussions in the home. Each spouse also filled out questionnaires measuring the extent to which they viewed their relationship as a resource for helping them with problems. The audiotapes were coded using the Couple's Interaction Scoring System (CISS) and then subjected to a series of proportional, sequential, and bivariate time-series analyses dyad by dyad. The results indicated that wives' negative affect was directly related to their attempts to confront the problem and enforce their own views (e.g., metacommunication, counterproposals, appeals), and was inversely related to their attempts to be conciliatory (e.g., agreement, mind reading with neutral voice tone). Husbands' negative affect was inversely related to both spouses' attempts to be conciliatory (agreement, proposals, contracting), and to the wives' viewing the relationship as a resource for helping them with their problems.
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Ali Qassim, Tabarek, Nawal Fadhel Abbas, Fatima Falih Ahmed, and Sura Hameed. "Pragma-linguistic and Socio-pragmatic Transfer among Iraqi Female EFL Learners in Refusing Marriage Proposals." Arab World English Journal 12, no. 2 (June 15, 2021): 521–39. http://dx.doi.org/10.24093/awej/vol12no2.35.
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In the framework of this study, the phenomenon of transfer is probed pragma-linguistically and socio-linguistically concerning marriage situations among Iraqi EFL learners. The study also strives to look at the refusal strategies most commonly employed by Iraqi female English as a foreign Language (EFL) learners compared to their counterparts, American native speakers of English. The study involved 70 female participants who answered a Discourse Completion Task (DCT), which contained ten marriage proposals to be refused. Each situation entailed refusal of a person from a higher, an equal, and lower status. The researchers adapted Beebe, Takahashi, and Uliss Weltz’s (1990) taxonomy of refusal for analyzing the data comprehensively. The study’s findings indicated that Iraqi female EFL learners followed similar patterns of refusing marriage situations to American speakers. The most prevalent strategies used by the two groups were “reasons/ excuses and explanations,” followed by “statements of regrets,” and then “non-performative statements” with slight variation in frequency. However, the Iraqi learners’ native language and culture affected how they formulated their refusal; hence they manifested pragma-linguistic and socio-pragmatic transfer in particular areas. The areas of pragma-linguistic transfer included the literal translation of words, expressions, and structures into their refusal in English. As for the socio-pragmatic areas, the transfer occurred in certain Arabic culture features like elaboration, exaggeration, repetition, endearing terms, and many others in expressing the target language, English.
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Valentová, Lucia. "Property Regimes of Spouses and Partners in New EU Regulations – Jurisdiction, Prorogation and Choice of Law." International and Comparative Law Review 16, no. 2 (December 1, 2016): 221–40. http://dx.doi.org/10.1515/iclr-2016-0026.
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Summary There are millions of international couples living and working in the EU. Not a small number of those face difficult time when their marriage or partnership comes to an end. On top of dealing with loss, the couples have to navigate through a lot of administrative and legal obstacles to figure out the division of their property located in different Member States or governed by different national law. These proceedings are lengthy and expensive. European Commission, aware of the issue their citizens face, introduced two proposals for regulations on matrimonial property and property of registered partners. In 2013 the proposals did not get the required unanimity, in 2016 they are being re-introduced in enhanced cooperation.
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Schneider, Natalie. "Gender Roles in Intimate Relationships: Who Initiates and Why?" Canadian Journal of Family and Youth / Le Journal Canadien de Famille et de la Jeunesse 14, no. 2 (January 1, 2022): 11–20. http://dx.doi.org/10.29173/cjfy29761.
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The gender roles of men and women are continuously changing in heterosexual relationships alongside the ever-increasing flexibility and variation of preferences, choice, agency, and individual needs. This paper delves into the role tradition plays between men and women in intimate relationships regarding marriage proposals and surname changes, as well as which sex initiates more when it comes to physical intimacy, emotional intimacy, and long-term commitment.
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Radchenko, L. "LEGAL MODELS FOR MARRIAGE AND MARRIAGE-LIKE UNIONS IN THE LAW OF EU STATES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 35–39. http://dx.doi.org/10.17721/1728-2195/2019/3.110-7.
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The article considers the comparative and legal grounds for the definition of the category "marriage" in family law of Ukraine, interpretation of the concept of "marriage-like unions" in legislation, judicial decisions and legal doctrine of EU states. The author defines the characteristics and peculiarities of these concepts, outlines the approaches to the regulation of family relations in this field and formulates conclusions and proposals aimed at the harmonization of national legislation with EU law. In the article, both general scientific and special legal methods of research have been used. In particular, comparative-legal, historical, formallogical and other methods have been applied. The article concludes that the example of some European states proves the existence of the advanced legislative approaches to the legal understanding of family unions. In Ukraine the marriage is exclusively a family union of a female and a male registered with the state registration authority for civil status acts. In the laws of EU states different and much broader criteria for treating such unions can be applied. The presence of various legal forms of unions indicates that foreign law recognizes a family union between persons irrespective of their genders and recognizes such family union as a family. It is said that a characteristic feature for a family is a stable relationship. At the same time, harmonization of the Ukrainian legislation with the EU legislation in the field of marriage and family relations may take place on specific issues (for example, a registered partnership), but it is not advisable to adopt a foreign legal model, since in Ukraine there are distinctive factors for the formation of family relationships, such as traditions, religion, culture.
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Vannini, Phillip. "Will You Marry Me?:. Spectacle and Consumption in the Ritual of Marriage Proposals." Journal of Popular Culture 38, no. 1 (August 2004): 169–85. http://dx.doi.org/10.1111/j.0022-3840.2004.00105.x.
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Peneva, Lidia. "Crimes against marriage and family before Criminal Code 1968." Law Journal of New Bulgarian University 15, no. 1-3 (April 10, 2020): 44–59. http://dx.doi.org/10.33919/ljnbu.19.1-3.3.
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Crimes against marriage and family are a particular group of social relationships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Republic of Bulgaria. The subject matter of this Statement will, however, be the legislative provisions concerning these criminalized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.
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Ilovaisky, Igor, and Valeria Dolgova. "Desultory Remarks on the Legislative Improvement of the Russian Federation in the Field of Cross-Border Marriage and Family Relations." Legal Concept, no. 4 (December 2019): 111–18. http://dx.doi.org/10.15688/lc.jvolsu.2019.4.15.
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Introduction: Russian society is regularly shaken by the reports of the Russian families who have left for permanent residence abroad. It is shocking that abroad, as it turns out, for one reason or another, often far-fetched, it is possible to withdraw children from the family and commit them to more trustworthy, if it seems so to the competent authorities, adoptive parents, to accuse a mother of kidnapping her own child, if she took the child to Russia, to refuse the recognition of the validity of marriages if they were concluded in the territory of this country, etc. All these cases show that the legal regulators that exist in that regard in Russia do not clearly work in other states and do not create sufficient guarantees of respect for the rights of Russian nationals. In this regard, the purpose of the paper is to consider the current state and prospects of normative improvement of the domestic norms of private international law in the regulation of cross-border family and marriage relations. Methods: the research is based on the use of logical, dialectical techniques and methods of scientific knowledge, comparative legal and legal-technical analysis of wording of normative acts and materials of the law enforcement practice. The study was the analysis of Russia’s participation in the standardized agreements both of conflict and substantive nature in the field of international marriage and family relations and the status of the national law in this area. The results of the review became the basis for the conclusion that the Russian legislator was not sufficiently attentive to the processes of international unification and harmonization of the norms governing marriage and family relations with a foreign element. In this regard, the proposals were made to improve the current domestic family law and the acts of law enforcement practice.
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Bainham, Andrew. "Divorce and the Lord Chancellor: Looking to the Future or Getting Back to Basics?" Cambridge Law Journal 53, no. 2 (July 1994): 253–62. http://dx.doi.org/10.1017/s0008197300099025.
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The Government is keen to get “back to basics” about divorce. The Green Paper which the Lord Chancellor presented to Parliament in December 1993 invites us all to reflect on family values and is intended to provoke a “thorough national consideration” of the whole basis for divorce. It follows proposals by the Law Commission but is less than a ringing endorsement of the Commission's scheme. The Law Commission has advocated a shift from the current “mixed” system (embracing fault and no-fault grounds) to an entirely no-fault basis for divorce. Under these proposals divorce would be regarded as a neutral “process over time” and would not entail judgments into the causes of marriage breakdown. While the Green Paper gives qualified support to this idea, the Government has yet to reach a concluded view.
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Burkhanova, Leyla. "DIVORTION OF MARRIAGE AT THE APPLICATION OF BOTH SPOUSES UNDER THE LEGISLATION OF THE REPUBLIC OF UZBEKISTAN: FEATURES AND WAYS OF IMPROVEMENT." Review of Law Sciences 6, no. 2 (July 19, 2022): 87–99. http://dx.doi.org/10.51788/tsul.rols.2022.6.2./xlzh8854.
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In the article, the approach to considering the issues of divorce at the request of both spouses was carried out based on a provision that determines that divorce in the registry office should take into account certain points and directions for the implementation of preventive work to strengthen both the moral and material values of the family. The definition of divorce is given based on the analysis of the norms of the family legislation of the Republic of Uzbekistan, as well as the procedure for dissolution of marriage at the request of both spouses in an administrative manner. The rationale and certain advantages of the divorce procedure in the administrative order, that is, in the registry office, are given. An opinion was expressed regarding the passivity of the registry office in the procedure for dissolution of marriage in the study of the reasons for the desire of spouses to dissolve the marriage. The positive aspects of the use of pre-trial settlement of divorce issues based on the use of the mediation procedure as a method aimed at quick and qualified settlement of disputes between persons dissolving a marriage are considered. The foreign experience of legal regulation of divorce in the administrative order is also considered. Proposals have been formulated to improve the norms of family law governing the state registration of divorce administratively.
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Zhupnik, Olesya N. "YOUNG FAMILY: TYPICAL PROBLEMS AND PROSPECTS FOR STRENGTHENING IT (SOCIO-PHILOSOPHICAL ANALYSIS)." Bulletin of Chelyabinsk State University 480, no. 10 (November 20, 2023): 70–78. http://dx.doi.org/10.47475/1994-2796-2023-480-10-70-78.
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The article is devoted to a socio-philosophical analysis of a young family, identifying its typical problems and developing proposals for strengthening it. The author examined the distinctive features of a young family according to such criteria as age, duration of marriage, presence of children, official registration of marriage. Based on the results of empirical research and the opinions of a number of domestic researchers, the author examines changes associated with the structure and functions of a young family (structural-functional analysis). According to the criterion of the sphere in which difficulties arise associated with conflicts in marriage and its disintegration, all problems were divided into problems of an ideological and personal-social nature, problems associated with disagreements in the understanding of family roles, the absence of children, and material and everyday ones. From the point of view of the fulfillment of family functions by a young family, it is important to note that it performs more non-specific functions related to mutual support, communication, stability, and ensuring everyday life. The second part of the article suggests ways to strengthen a young family with an emphasis on preparation for both married life and parenthood.
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Tziavelis, Nikolaos, Ioannis Giannakopoulos, Rune Quist Johansen, Katerina Doka, Nectarios Koziris, and Panagiotis Karras. "Fair Procedures for Fair Stable Marriage Outcomes." Proceedings of the AAAI Conference on Artificial Intelligence 34, no. 05 (April 3, 2020): 7269–76. http://dx.doi.org/10.1609/aaai.v34i05.6218.
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Given a two-sided market where each agent ranks those on the other side by preference, the stable marriage problem calls for finding a perfect matching such that no pair of agents prefer each other to their matches. Recent studies show that the number of stable solutions can be large in practice. Yet the classical solution to the problem, the Gale-Shapley (GS) algorithm, assigns an optimal match to each agent on one side, and a pessimal one to each on the other side; such a solution may fare well in terms of equity only in highly asymmetric markets. Finding a stable matching that minimizes the sex equality cost, an equity measure expressing the discrepancy of mean happiness among the two sides, is strongly NP-hard. Extant heuristics either (a) oblige some agents to involuntarily abandon their matches, or (b) bias the outcome in favor of some agents, or (c) need high-polynomial or unbounded time.We provide the first procedurally fair algorithms that output equitable stable marriages and are guaranteed to terminate in at most cubic time; the key to this breakthrough is the monitoring of a monotonic state function and the use of a selective criterion for accepting proposals. Our experiments with diverse simulated markets show that: (a) extant heuristics fail to yield high equity; (b) the best solution found by the GS algorithm can be very far from optimal equity; and (c) our procedures stand out in both efficiency and equity, even when compared to a non-procedurally fair approximation scheme.
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Карпеев, О. В. "IMPROVEMENT OF THE CONCEPT OF “MARRIAGE CONTRACT” IN THE LEGISLATION OF THE RUSSIAN FEDERATION." Правовая мысль, no. 2(3) (January 1, 2022): 101–4. http://dx.doi.org/10.55000/mcu.legth.2022.3.2.019.
Full textAbstract:
Договорный режим имущества супругов можно отнести к относительно новому институту семейно-го права, который на основе использования принципа диспозитивности открывает более свободный путь определения режима имущества каждого из супругов. Основой правового режима имущества супругов является брачный договор. Легальная его дефиниция закреплена в ст. 40 Семейного кодек-са Российской Федерации. Вместе с тем не утихают споры относительно легального определения брачного договора. Авторы статьи анализируют действующее законодательство России и некоторых зарубежных стран, а также мнения отечественных учёных-правоведов. Выявляются характерные черты брачного договора на современном этапе развития законодательства и правоприменительной практики. Авторами отмечается, что более всего возражений выдвигается относительно формули-ровки «лица, вступающие в брак» ввиду её крайней неопределённости. На основе проведённого ана-лиза авторами вносятся предложения по корректировке действующего законодательства. The contractual regime of the property of the spouses can be attributed to a relatively new institution of family law, which, based on the use of the principle of dispositivity, opens up a freer way to determine the regime of the property of each of the spouses. The basis of the legal regime of the property of the spouses is the marriage contract. The legal definition of a marriage contract is fixed in Article 40 of the Family Code of the Russian Federation. At the same time, there are disputes regarding the legal definition of a marriage contract. In this article, the authors analyze the current legislation of Russia and some for-eign countries regarding the marriage contract, as well as the opinions of domestic legal scholars. The characteristic features of the marriage contract at the present stage of the development of legislation and law enforcement practice are revealed. The authors note that the most objections are raised regarding the wording “persons entering into marriage” due to its extreme uncertainty. Based on the analysis, the au-thors make proposals for correcting the current legislation.