Breaking the Cycle of Divorce: Religious and Cultural Mediation by Kyai-Imams in Coastal Muslim Communities in Rembang and Melaka

The purpose of the article is to examine the impact of corruption on the development of legal and economic systems of State. The subject of the research is the impact of corruption on the development of legal and economic systems of States. Methodology. Research methods are chosen based on the object, subject and purpose of the study. The study used general scientific and special methods of legal science. Thus, the analysis and synthesis method as well as the logical method were used to formulate a holistic view on corruption, its features, aspects as well as the ways in which it can be manifested. The logical-semantic method was used to establish the meaning of the term “corruption”, “informal sector”, “legal system”. The comparative method was used when analyzing scientific categories, definitions and approaches. The legal modeling method has been applied to develop proposals for improving anti-corruption regulatory framework. Results. The article generalizes scientific views on the interpretation of the concept of corruption, on the basis of which the authors’ view on this category is proposed. Psychological and sociological aspects of corruption are explored. The scientific opinion that corruption is a negative phenomenon that impedes the proper functioning of social, economic and legal systems of State is substantiated. Practical implication. Particular attention is paid to the fact that corruption is directly related to the informal sector. Therefore, it is emphasized that the legislator should create all the necessary organizational and legal conditions in order to minimize the risks of corruption in State. Value/originality. There is a need to raise legal awareness of citizens as an important factor in counteracting corruption and its manifestations in society, because nowadays corruption is treated with higher tolerance, is being taken for granted, that is, it is becoming a norm in modern society.

African Legal Systems

Defence date: 20 December 2016

Owing to the nature of family disputes, it is not suitable for family members to fight each other in a Family Court. The system of family mediation is non-judicial devices and one kind of ADR (alternative dispute resolution). The mediator is neutral and impartial between the parties, tries to reduce their animosity, and reminds parents to focus on the best interests of the child. The mediator enhances the amicable nature of divorces while discussing the issues of property and custody, and encourages them to cooperate in parenting plans. The study adopted qualitative research methods, including interviewing and comparative methods. The 14 interviewees are family mediators in Hong Kong and Taiwan. They have experience dealing with family mediation involving domestic violence. The conclusions and suggestions are as follows: Firstly, the development of Taiwan's family mediation is similar to Hong Kong's, as learned family mediation professional from Hong Kong. Secondly, Taiwan should set up the qualification standards for family mediators. Thirdly, family mediators should have enhanced training on domestic violence. Fourth, Taiwan should develop a domestic violence mediation screening protocol. Fifth, Taiwan's Court system should develop local family mediation model. Sixth, Taiwan's Family Court should provide multiple services. Seventh, family mediators should have connections to community resources. Eighth, Taiwan should develop community family mediation. Ninth, the government should promote and advocate the legal system for family mediation.

Legal system of a state determine the main source of law in making a legal policy, clearly legal systems has certain characteristic although on the development differences among legal system cannot be seen clearly.To comprehend and strengthen the legal systemof a staterequired an observation toward legal system of other states as comparison. The function of legal systems comparison is the basis to grouping states into the family of legal system.Basically legal system describes legal form of a state, hence when a legal system createdfrom structure, substance and culture of certain state the legal system must reflect the state identity. Several factors influence the process to develop a legal system, such as economics, political and social. Means, legal system could be form not only by internal values but also external factorsof state. As a result to avoid legal systems with thin similarities and differences, finding a suitable legal system that in line with the identity of a country is a better way.Discussion about the thin differences between Continental European and Anglo-Saxon do not get big attention as before, impressed ignored and turn out trigger of questions. Why a stateunable to consistently espoused the legal system?, whethergrouping legal systemsinto family of legal system no longer important?. This paper will answer those question by deeply examinethe restorationof legal system so that in line with the historical value of a state. Colonized states often apply legal system that comes from colonizer after independent which means their legal system is notthe state pure legal system that can be incompatible with the values that develop in a state. Would be inconsistent when the legal system applied is Continental European, but in fact the values, laws, institutions and legal verdict are based on the values of religious, Islam for instance.Gambia,a state in Africa with 95% of population is Muslim and the former British colonytake a big step by leave the legacy of colonial legal system, Anglo-Saxon. Gambia. How could a state forced to follow the legal systems of other states remember law is an independent rule, free from interference and coercion. This is the focus study will explain about that when legal system with openness value must have consistency with values that recognizedand upheld by society in a state. As a result changes in a legal system toward identity of a country are necessity and inevitable. On the other hand, debates and critics on the thin differences of legal system should be an independent study to discuss.

Development assistance programs in the law and justice sector have traditionally focused on reforming state legal institutions to the exclusion of customary legal systems. This is often because of host country pressure to achieve quick results, limited familiarity of foreign lawyers with the concepts of customary law, and donor reluctance to support customs that substantively or procedurally violate human rights norms. Yet, rule of law practitioners deployed to developing and post-conflict countries are increasingly confronted with the reality that customary legal systems are the preferred and, for the foreseeable future, the only viable means of dispute resolution available to the vast majority of people. Given the empirical evidence on the high level of recourse to customary law, this paper argues that customary legal systems are integral to development, and that both customary and state legal systems have a role to play in a functional justice sector. However, there is little systematic guidance for practitioners in the field, many of whom have had no previous exposure to customary law, on exactly what options are available to engage both systems and the issues that different types of interventions raise. This paper sets out a framework of policy options for programs that seek to harness the respective strengths of customary and state legal systems, giving examples of initiatives that have attempted to do this. The paper concludes by proposing good practices for rule of law practitioners to follow in supporting customary and state legal systems that co-exist in a manner which advances peace, economic growth and sustainable development.

This study aims to reinterpret the concept of ḥifẓ al-nasl (protection of lineage) within contemporary marriage contracts in Indonesia by examining the relationship between the normative framework of Islamic law and the state legal system. Traditionally, ḥifẓ al-nasl, as one of the primary objectives of Islamic law (maqāṣid al-sharī’ah), emphasizes the preservation of lineage legitimacy through the institution of marriage. However, in the modern Indonesian socio-legal context—characterized by a dual legal system of religious law and state law—its implementation reflects a dynamic interplay between these frameworks. This research employs a qualitative approach, including field studies at several Offices of Religious Affairs (Kantor Urusan Agama or KUA), in-depth interviews with marriage registrars (penghulu), religious leaders, and married couples, as well as an analysis of marriage contract documents. The findings reveal a shift in the meaning of ḥifẓ al-nasl, which is no longer understood solely in terms of lineage legitimacy but also encompasses the protection of reproductive rights, family planning, and legal certainty within marriage contracts. These findings indicate that, while Islamic normative values remain a foundational reference, the application of state law in Indonesia—particularly through the legalization of marriage contracts and state oversight—has contributed to a new interpretation of the principle of ḥifẓ al-nasl. The study recommends strengthening the integration between maqāṣid al-sharī’ah and the positive legal system in formulating marriage policies that are adaptive and responsive to contemporary challenges. The academic contribution of this research lies in offering a new conceptual framework for contextually understanding ḥifẓ al-nasl, one that integrates the objectives of Islamic law with Indonesia’s positive legal system.

Interest in methods of conflict resolution has grown significantly in the last decade (Pruitt and Kressel, 1985). Some of the more prominent developments include the emergence of public sector labor mediation, family and divorce mediation, and judicial and public resource mediation. This interest is also reflected in the number of courses included in the curricula of schools of law and business, graduate programs in sociology and social psychology, and in inter-disciplinary programs focusing on conflict resolution. Additionally, many professionals and lay people in a variety of occupations indicate a strong desire to acquire skills in conflict resolution (Sandole and Sandole-Staroste, 1987). To meet these needs, researchers, theorists, teachers and practitioners in academic and nonacademic settings are holding conferences, conducting research, produc­ ing papers, and offering many types of short courses and training programs with such titles as ''The Craft of Negotiation,'' ''Mediation of Family and Divorce Conflict, and Methods of Alternative Dispute Resolution. In this article I shall examine four conflict resolution training programs in an attempt to determine to what extent the assumptions, approaches, prin­ ciples and theories underpinning these programs could form the basis of an economical model that could effectively train a variety of people and groups. Is there a set of necessary principles for teaching people how to be con­ flict resolvers? Are there methods of training that encourage the skill develop­ ment of potential conflict resolvers? How should training programs be evaluated? Are criteria being developed for appraising the effectiveness of training? The training programs discussed here-each selected because of its dis­ tinctive purpose-were offered by expert practitioners for experienced as well as would-be negotiators and mediators. My analysis of the training programs is based on observations of and consultations with trainers and participants, and on my own direct participation in the trainings.

Currently, the prevention of family and domestic offenses is one of the priority areas of activity of the Ministry of Internal Affairs of the Russian Federation. Poor-quality and untimely response of police officers to this type of offense, as well as heinous crimes, garnered media coverage, preceded by family conflicts, create a negative public opinion about the activities of the police and the state as a whole. This work deals with the improvement of the effectiveness of the work carried out by the internal affairs bodies to prevent and suppress the facts of family and domestic conflicts, including those accompanied by the violence against children and women. Within the framework of the research, the authors pay special attention to the concept of family and domestic offenses, the analysis of the causes and conditions of the occurrence of family and domestic offenses, legal foundations of regulating the liability in the sphere of family and domestic conflicts according to the laws of the constituent entities of the Russian Federation. The authors analyzed the main directions of prevention of domestic crimes and administrative violations by district police officers, identified tactical aspects of work with people registered with law enforcement agencies when executing preventive patrolling in an administrative area. The paper proposes a mechanism of involvement of the public and specific categories of citizens in the assistance to law enforcement agencies to timely domestic violations detection and suppression. Following the analysis, the authors conclude that the insurance of effective work on the eradication of considered negative social phenomenon is the patrolling in an administrative area, preventive conversations based on the study of a psychological maker of persons, their past, and basic personality characteristics, as well as on the awareness of their immediate environment and relations carrying both positive and negative connotation. The study shows that the issues of protection of family members’ life and health against offenses should be solved holistically, in cooperation with other agencies and institutes of civil society.

Why Domestic Enforcement of Private Regulation Is (Not) the Answer:Making and Questioning the Case of Corporate Social Responsibility Codes Anna Beckers and Mark T. Kawakami I. Global Private Regulation and the Domestic State Globalization has been commonly understood as a phenomenon that leads to the dissolution of territorial borders and the growing interdependence of social and economic activities that remain spatially remote.1 The law, in this regard, has not been spared from the impacts of globalization either. There is a constant interest in grasping the evolving legal system under the effects of globalization in terms such as transnational law,2 global law without3 or beyond4 the state, global legal pluralism,5 or transnational regulation.6 Certainly, much can be gained from a conceptualization of global ordering structures as autonomous global law that function independently of the state legal system. [End Page 1] Nevertheless, the enthusiasm for the effective functioning of these global ordering structures has recently waned. In particular, private regulatory processes have experienced various instances of functional ineffectiveness at the global level.7 Moreover, these private regulatory processes may face serious problems in terms of legitimacy and accountability,8 which, in turn, provide a justification to reconsider the role of domestic legal systems. In this context, it is equally important to note that the state and its formal legal system have never been irrelevant for global legal processes. To the contrary, the functions of domestic courts and legislators remain significant and relevant—as much as the global processes—and should continue to be so. The true global "delocalized" law has rightly been labeled as a utopia.9 Against this background emerges the question of whether domestic legal systems can and should play a role in administering and enforcing these global rules against private actors. In other words, is a stronger regulatory role of domestic law an appropriate response to the risks associated with the processes of economic globalization? In response, legal research seems to have already initiated a change in focus from the characteristics of this transnational ordering to investigating the interaction of global rules with state legal systems.10 One important element in this discussion is the renewed focus on the [End Page 2] enforcement of global private regulation through private law. Shifting the attention from the less tangible social pressures to legal enforcement, scholars have identified a variety of substantive areas in which the legal enforcement of private regulation could play a role,11 such as advertising and food safety,12 labor standards,13 and financial markets.14 In that respect, it is also normatively postulated that the national legal and political systems should play a more significant role in order to reinforce the potential rather than undermining the regulatory efforts on a global scale.15 This issue aims to contribute to this debate by providing different perspectives on whether and how domestic enforcement of transnational private regulation through private law can and should be furthered, if at all. This is accomplished by narrowing the broader topic and focusing on the investigation of one particular area: the starting point of all the contributions will be the debate over private corporate social responsibility (CSR) codes and the case for or against their enforcement under domestic private law. These CSR codes are understood as codes of conduct developed and published by transnational corporations to show their globally applicable commitment to respect human rights, improve fundamental labor standards, protect the natural environment, and prevent corruption. [End Page 3] The focus on private corporate social responsibility initiatives seems, for that debate, a particularly suitable example: First, unlike in other forms of private self-regulation, domestic enforcement is critical for corporate social responsibility because separate enforcement institutions have not evolved on a global level. In relation to the lex mercatoria, arbitral tribunals are primarily called upon to provide for juridification. For private internet governance, the Internet Corporation for Assigned Names and Numbers (ICANN) has evolved as a core player. The Court of Arbitration (CAS) has been dominant in shaping and enforcing the lex sportiva. Similar international courts or private arbitral institutions, although recently considered,16 have not been realized for corporate social responsibility...

El presente artículo, titulado: “Mediación Familiar en clave comparada: Argentina y México”, tuvo como objetivo analizar las disposiciones normativas vinculadas con la mediación familiar en la Provincia del Chaco, Argentina y el Estado de Nuevo León, México. Se siguió el enfoque cualitativo, basado en el estudio, análisis, crítica y comparación entre las legislaciones de ambos Estados y fuentes doctrinales obtenidas de vLex, Dialnet y Scopus para asegurar la veracidad de la información proporcionada. Se encontró que el diseño normativo previsto para la mediación familiar imposibilita que sea concebida como método para acceder a la justicia cotidiana, así como que carece de una regulación específica. Del estudio comparado, se concluyó la necesidad de incorporar cuestiones jurídicas y buenas prácticas en el ejercicio de la mediación familiar dentro del ordenamiento jurídico mexicano, sobre todo la concepción de la mediación prejudicial obligatoria en conflictos familiares con intervención de personas menores de edad.

The following article, entitled: “Family Mediation in comparative key: Argentina and Mexico”, analyzed the juridical norms related to family mediation in the Chaco Province, Argentina and Nuevo Leon State, Mexico. It was used the qualitative approach, based on the study, analysis, critical view, and comparison between the legislations of both States and theoretical scientific investigations indexed in vLex, Dialnet and Scopus to ensure the accuracy of the information. It was found that the juridical design established for family mediation not only obstructs its conception as a method to access to daily justice, but also the lack of specific regulations makes difficult to work with. From the comparative study, it was concluded the necessity of introducing juridical proceedings and good practice in the familiar mediation professional activity in the Mexican juridical system, especially the conception of the mandatory prejudicial mediation in family conflicts with children involved.

Illegitimate: When Moderate Muslims Speak Out

This study aims to identify the various socio-cultural conditions of Tolaki people in Konawe that often resulting of inter-families conflict. The process of identifying socio-cultural conditions are then directed to see the correlation between socio-cultural conditions with the types of inter-families conflict and how inter-families conflicts was resolved at the community level. In addition, this study also aimed to determine and analyze the types of inter-families conflicts that exist in the Tolaki and processes for conflict resolution among families in the Tolaki in Konawe. Perspective theory used in order to analyze the data is a conflicts perspective and family conflicts, structural functional perspective, and conflict resolution. Conflicts Perspective and family conflicts is to reveal the types of inter-families conflicts that often occurred in Tolaki people. Structural functional perspective is essentially an effort to show the functional relation between a cultural element or a socio-cultural phenomenon particular to the social structure that exists in a society. While the perspective of conflict resolution is to reveal the strategies used by the Tolaki people in the process of conflict resolution. Observation and interview is the method used in this study in order to find the data. While the research informants are divided into two categories, the key informant were traditional leaders and ordinary informants that public figures such as religious leaders, government within the scope of sub-district, village, and community members both at the level of individuals, families, and communities. Selection of traditional leaders, religious leaders, and government within the scope of sub-district and village as an informant because they are involved in conflict resolution While the selection of members of the public of the level of individuals, families, and society are because they have or are involved in a conflict. The results of this study indicate that the conflict in the Tolaki conflicts took the form of closed and open conflict. While the source or cause of the conflict is tulura (speech), peowai (actions), and powaihako (behavior). The sources of this conflict then manifested in the daily life of Tolaki people become sisala'a ine perapua (conflict in marriage), sisala'a ine Hapo- Hapo (conflict by treasure), and conflict in social relations. Social and cultural conditions that often lead to inter-families conflicts is the difference in social strata, economic inequality, and religious differences. Tolaki People then settle their conflict through the completion of melanggahako, mesokei, peohala, mombopoo'rai, sombalabu, and mosehe.

The Relationship between Religion and the Public Square: Freedom of Religion in the Public Space