Abstract
This article aims to investigate in a different way the concomitant relations of conjugality - here from the moment it is formalized matrimonialized as to its conformation as a situation of fact, not Authorized and not Islamic Law. The Brazilian and Islamic legal systems admit and protect polygamous relationships? The conclusion is that the right of reply is the right of police expression manifested in polygamy. In Brazil, the laws are not of the world of facts, being inclusive, in some cases, those of the right to the right, but there is still a strong tendency to legalize the legalization of polygamy, for strictly moral/religious reasons. Thus, contrary to common sense, it may be said that the Muslim is more monogamous than the Brazilian is. Still, it can be affirmed that, although Brazil declares itself secular, in practice there is no demarcated separation between State and religion. The Islamic communism is the rights of human religion. Paradoxically, would Brazil then be cloaked in the veil of Islam? The methodology used is exploratory, from a comparative perspective, taking the necessary precautions to differentiate between the two systems.
Highlights
In a discussion about the registration of 3 poly-union unions in Brazil, the National Justice Corregidor of the National Justice Council (“Council of Justice (CNJ)”), minister João Otávio Noronha, in his vote, said that “the very few cases in the country are not suitable for demonstrating changes in social thinking and Revista do Direito
The sixth and last consideration is that the subject of polygamy is treated differently in Brazil and in Islamic law, and goes beyond the law to the issue of morality/religion
Some of the influences exercised by morality in Brazilian legal system would have as a cut off the families’ laws, because this area is related to the subject of polygamy - this is because it would not be possible to work all the influences of morality on the law in an article
Summary
In a discussion about the registration of 3 poly-union unions in Brazil, the National Justice Corregidor of the National Justice Council (“CNJ”), minister João Otávio Noronha, in his vote, said that “the very few cases in the country are not suitable for demonstrating changes in social thinking and. The second consideration is that Islamic law is not a legal system created by a state or a political power. It has a sacred origin and nature, where God-legislator established the rules and the human being only complies or creates norms compatible with them. The sixth and last consideration is that the subject of polygamy is treated differently in Brazil and in Islamic law, and goes beyond the law to the issue of morality/religion. The article will be developed in the following way: (a) it will approach the influences of the moral in the Brazilian Law and in the Islamic Law; (b) it will verify the contours of the notion of conjugality in Brazilian and in Islamic Law; (c) it will characterize the institute of polygamy in the two legal systems
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